Plexins Service Terms
Effective date: April 01, 2023.
Shenzhen Sihailan Service Terms
These Terms of Service (hereinafter referred to as the "Terms") inform you of our authority to provide services to you, as well as to manage your account and user behavior, which involve the collection, use, and disclosure of personal data and usage data associated with your use of our services. By accessing and using our services, you agree to the collection and use of relevant information in accordance with these Terms.
Shenzhen Sihailan Information Technology Co., Ltd, together with its affiliates (hereinafter referred to as "Plexins" or "we"), is the company that provides the services on this website and can offer all products and services in accordance with the rules set forth in these Terms. We may, at our sole discretion, decide to update these platform terms. Plexins will notify you of such changes by posting them on the website, via email, or through other means of communication. If you continue to use the platform services after we have updated these Terms, you agree to be bound by these updated terms.
Ⅰ. Definition
1."Applicable laws" refers to all applicable laws, rules, and regulations, including but not limited to the Personal Information Protection Law of the People's Republic of China, the Advertising Law of the People's Republic of China, the Regulations on the Administration of Short Message Services, and other laws and regulations related to data privacy and consumer protection. Additionally, services provided by this website must not violate any relevant laws and regulations, such as the Telephone Consumer Protection Act (TCPA) in the United States, the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM) in the United States, and the Canadian Anti-Spam Legislation (CASL).
2. "Confidential information" means all information disclosed by one party to the other party, whether orally, visually, or in writing, that is designated as confidential or that would reasonably be understood to be confidential given the circumstances. Confidential information includes business and marketing plans, technical and technical information, product plans and designs, pricing information, and business processes. For clarity, platform services are considered confidential information of Plexins.
3."Customer" or "you" refers to individuals or entities (such as corporate entities or non-corporate organizations) that use the platform services.
4."Customer data" refers to any data, information (including personal information), subscriber lists, content (including marketing and promotions), or other materials submitted, posted, transmitted, or otherwise provided by the customer, its service providers, or its end-users related to the platform services and related Plexins services. For clarity, customer data does not include platform services in any case.
5."End-user" means an individual who interacts with the platform services on behalf of the customer, its affiliates, or agents.
6."End-user data" means personal information of end-users contained in your customer data.
7."End-user terms" means (a) the dynamic end-user terms hosted by Plexins for the customer, and (b) the customer's end-user terms that include the Plexins model provided herein.
8."Fees" means all fees associated with your purchase and use of the platform services as described in your account or relevant service orders.
9."Intellectual property rights" means (a) ownership; (b) trademarks; (c) trade secrets; (d) patents, designs, algorithms, and other industrial property rights; (e) all other types and nature of intellectual property and industrial property rights, regardless of their name, and regardless of whether they arise through law, contract, license, or any other means; (f) registrations, initial applications, renewals, extensions, continuations, divisionals, or reissues of the foregoing.
10."Payment information" means the payment information provided through your Plexins account, which may include your bank card number and related information, your email and mailing address for invoicing and notification purposes, and other information used to verify your identity.
11."Payment method" means the credit card, bank account, or other payment method represented by your payment information.
12."Platform services" means the Plexins website, Plexins software and services provided through the Plexins website or through the Shopify App Store or other app stores, related documentation, and any additional services related to the foregoing as specified in service orders (such as online customer management services). For clarity, platform services do not include professional customization services.
13."Plexins website" means the website located at https://www.plexins.com.
14."Subscriber list" means personal information that can be used for SMS message delivery, including name, phone number, and whether the individual has opted in or out.
15."Taxation" refers to any tax, levy, tariff, or similar charge of any nature that can be levied by any applicable tax authority, including but not limited to value-added tax, sales tax, use tax, or withholding tax.
16."Including" as used in these platform terms and any related service orders means "including but not limited to."
Ⅱ. Access Platform Services
1. Customer Qualification. As a user of the platform, you must be at least 18 years old, capable of entering into a legally binding contract with us, and not prohibited by law from using the platform's services. If you do not meet these requirements, you may not use the platform's services. If you access or use the platform's services on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these platform terms and that you are doing so as an agent of that entity. If you act as an agent for a Shopify merchant or other merchants, any act or omission of the merchant that violates these platform terms will be considered a breach by you.
2. Your Account. You must register and create an account to access the platform's services. You are responsible for ensuring that your account information is accurate, truthful, and valid, and for protecting and safeguarding your account credentials. You will not allow anyone other than authorized employees to use your account, and you will make reasonable efforts to prevent unauthorized access to your account. You are responsible for all activity related to your account. If you believe that your account has been compromised, you will immediately notify Plexins by sending an email to info@Plexins.com. Any personal information you provide to us in connection with your account is subject to the privacy policy.
Ⅲ. Service
1. Plexins is an automated marketing SAAS software designed specifically for global DTC brand sellers, which includes features such as automated SMS marketing, automated email marketing, user management, data management, user segmentation, and more. Plexins helps brands build sophisticated automated marketing strategies, increase store revenue and return on investment (ROI), improve user conversion and retention rates, and help you establish solid and friendly customer relationships with your users.
2. The term "Service," as used in this Agreement, refers to the platform, products, and other auxiliary services specified in the customer's order that the customer accesses.
3. All content, data, and other information submitted by the customer through the use of the Service, including but not limited to such information that the customer may collect from end-users through the Service, is considered "Customer Content" for purposes of this Agreement. Customers may have access to the following features depending on the products they are licensed to use. If the customer does not have access to a specific product feature, the terms for that feature do not apply:
A. User-generated content: Some products allow customers to collect, organize, and use customer content, which may include but is not limited to text, video, photos, and other user-generated content created or otherwise provided by the customer's customers, end-users, or other parties with whom the customer works and interacts on the customer's website, social media services, and third-party websites. An example of such a feature is when the customer uses the platform to display customer product photos uploaded by end-users on the customer's website.
B. Loyalty and referrals: Some products allow customers to provide the following capabilities to end-users: (i) earn loyalty points from the customer and use the applicable points balance to purchase from the customer, and (ii) receive rewards for referring third parties to end-users - purchasers on the customer's side ("Loyalty and Referrals"). Customer content in the context of loyalty and referrals includes information related to end-users' participation in loyalty or referral programs (such as the end-users' loyalty points).
C. SMS Marketing: Some products allow customers to interact with end-users via SMS/MMS/text messages. Through the application provided by Plexins or through the platform, customers can enable the functionality to send marketing and other messages about customer products or services via SMS/MMS/text messages.
The message must contain the following information:
a) A description of the stop and help mechanism must be included in the content
b) Recipients must agree (“opt-in”) to receive SMS and MMS messages prior to receiving the first message
c) Must send marketing content that complies with laws and regulations
D. Email Marketing: Some products allow customers to interact with end-users via email. Through the application provided by Plexins, customers can enable the functionality to send marketing or transactional outreach about customer products or services via email.
E. Subscriptions: Some products allow customers to provide subscription options on their websites. "Subscriptions" are recurring purchase options designed to provide end-users with the convenience of automatic delivery and billing for the products they choose. An example of such a feature is when the customer uses the platform to display subscription services for customer products.
As a prerequisite for using our services, we will check whether your（customer's） user privacy policy and service terms are compliant. If they are found to be non-compliant, you will not be able to use our products for SMS and email marketing. We reserve the right to discontinue our services to you in such cases.
Ⅳ. Use of Platform Services
1. Abide by the laws and regulations. The customer declares, warrants, and covenants that the use of the services shall comply with platform usage restrictions and all applicable laws, rules, or regulations in any jurisdiction, including but not limited to: (i) communications made via phone, SMS/MMS, or email for advertising, marketing, or other purposes; (ii) monitoring or recording of electronic or telephonic communications; (iii) privacy, security, or protection of "personal data" or "personal information," including but not limited to the collection, storage, retention, processing, transmission, disclosure, sharing, disposal, or destruction of personal information; (iv) technical requirements for websites and mobile applications, online behavioral advertising, or online tracking; (v) prohibition of using the platform services in sanctioned countries or regions. Without limiting the foregoing, the laws include the Network Security Law of the People's Republic of China, the Personal Information Protection Law of the People's Republic of China, the Consumer Protection Law for Telephone Users, the Law on Prevention of Telephone Marketing and Consumer Fraud and Abuse, the Law on Refusing Unrequested Calls, the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003, the Children's Online Privacy Protection Act ("COPPA"), Federal Trade Commission Act, California Consumer Privacy Act ("CCPA"), Data Security and Breach Notification Act, General Data Protection Regulation ("GDPR") of the European Union and the Privacy and Electronic Communications Directive 2002/58/EC ("e-Privacy Directive"), the UK Data Protection Act 2018 (together with GDPR, e-Privacy Directive, and any national legislation implementing "European data protection laws"), Canada's Personal Information Protection and Electronic Documents Act, Canada's Anti-Spam Legislation (SC 2010, c 23), the Trading with the Enemy Act of 1917 of the United States, the International Emergency Economic Powers Act of the United States and/or regulations implemented or issued pursuant to, or any amendment, replacement, reenactment or consolidation of any of the foregoing. For purposes of this agreement, laws and regulations also include the Cellular Telecommunications Industry Association (CTIA) Messaging Principles and any other applicable self-regulatory rules or codes of conduct, which may be amended from time to time.
2. You are solely responsible for the comments and actions you make on the internet and must comply with the following rules. If you fail to comply, we have the right to independently judge and take measures such as deleting all types of information that violates laws, policies, or contains untrue information (without further notice), suspending or closing user accounts, etc. Furthermore, if we suffer any losses as a result, we have the right to request compensation from you.
A. You must comply with the relevant national laws, administrative regulations, and management rules, and refrain from using our services to engage in criminal activities that jeopardize national security, disclose state secrets, etc. Information security management regulations must be strictly adhered to. When using this service, you must ensure compliance with the relevant regulations and hold legal business operation qualifications and licenses (if required by the competent authority).
B. You must not use our services to create, view, copy, or disseminate information that violates the constitution and laws, or disrupts social order, national unity, or includes pornographic or violent content.
C. You must guarantee the authenticity, accuracy, and legality of the information you send and refrain from disseminating illegal, unhealthy, or reactionary information. You must not publish information that contains any of the following:
(a) Opposing the basic principles established in the Constitution, jeopardizing national security, disclosing state secrets, subverting the state power, undermining national unity, damaging national honor and interests, inciting ethnic hatred, engaging in ethnic discrimination that undermines national unity, undermining the state's religious policies, promoting cults and feudal superstitions, spreading rumors, disrupting social order, and endangering social stability, insulting or defaming others, and infringing on the legitimate rights and interests of others is strictly prohibited.
(b) "Nine Prohibitions": The Ministry of Information Industry's Notice on the Work Plan for the Special Campaign to Crack Down on Pornography and Obscenity on the Internet (Xin Ban [2007] No. 231) clearly lists the nine prohibited standards: 1) political news information, 2) information that undermines national security and social stability, 3) information that discloses state secrets, 4) information that conflicts with current national policies, laws, and regulations, 5) information related to pornography and obscenity, feudal superstition, gambling, false or invalid content, and information that harms public morality or infringes on the legitimate rights and interests of others.
(c) Five types of information are strictly prohibited: 1) information that impersonates banks or UnionPay to defraud or extort public or private property; 2) information that spreads pornography, obscenity, gambling, violence, murder, terrorism or incites crimes, or teaches criminal methods; 3) information that illegally sells firearms, ammunition, explosives, smuggled cars, drugs, ecstasy, obscene objects, counterfeit currency, false invoices, or knowingly acquired stolen property; 4) information that falsely claims lottery wins, fake marriage introductions, fake job advertisements, lures or introduces others to engage in prostitution, and other such information;
(d) information that contains other content prohibited by laws and administrative regulations.
D. False signatures shall not be used. The use of SMS and email products is limited to the management of internal personnel within the enterprise, or to the publication of information related to its business to customers who meet legal requirements. The service shall not be used for commercial or other purposes beyond those specified in this agreement, and shall not be provided to third parties by means of resale, subleasing, borrowing, distribution or embedding. This service shall not be used for the promotion of personal, commercial products.
E. When sending commercial messages to customers, their prior consent must be obtained, and the information service shall be provided to the customer in accordance with the agreed quality, quantity, and time. Without the customer's consent or request, the user shall not send commercial messages to the customer, and if the customer explicitly refuses to receive SMS messages after agreeing, the user shall immediately stop sending them.
3. The customer shall pay attention to and comply with all kinds of terms and rules published or modified from time to time on this website, and establish a strict customer complaint management mechanism. Otherwise, we have the right to suspend or close the service.
4. Use Restrictions: The customer is fully responsible for obtaining, paying for, maintaining, and servicing all equipment, software, hardware, and services necessary for accessing the platform service. The customer's use of the platform service shall not and shall not authorize or encourage any third party to engage in the following activities:
A. Violating applicable laws, regulations, policies, and these terms of service.
B. Allowing any end user under the age of 18 to use the platform service.
C. Engaging in any fraudulent, defamatory, slanderous, threatening, harassing, or stalking activities.
D. Disrupting computer systems and distributing spyware, adware, or other harmful programs, reverse engineering, decompiling, disassembling, decoding, or otherwise attempting to export or determine the source code of the platform service.
E. Selling, transferring, renting, sublicensing, lending, distributing, or otherwise transferring the platform service or any part thereof to a third party.
F. Attempting to access or disrupt the integrity, performance, or security of the platform service, bypass, delete or disable the platform service.
5. Third-Party Services and Integration: Unless we have provided written consent, you may not integrate the platform service with any third-party service. If you integrate the platform service with a third-party service, whether through the integration provided by us or otherwise, you are fully responsible for the use of such third-party service, including any disclosure or other processing of your customer data in connection with the connection to such third-party service. The use of any third-party service is at your own risk. We assume no responsibility for any third-party services related to your use of the platform service, and make no representations or warranties regarding the functionality, security, availability, or operation of any third-party service. If you need assistance in suspending or terminating the integration between third-party services and the platform service, you should contact us proactively.
6. Platform Service Updates: We reserve the right to update the platform services at any time with or without notice to you and to change or discontinue all or any part of the platform services without any liability to you. We may provide notice of any material changes to the platform services by posting them on our website or sending an email. It is your responsibility to regularly review our website for any changes. Your continued use of the platform services following any updates or changes will constitute your acceptance of such modifications.
7. Beta Features: We may invite you to use pre-release or beta features that are not widely available at our discretion. Access to such features may be subject to additional terms and conditions. Any beta features will be considered our confidential information. We make no representations or warranties regarding the functionality of beta features, and any risks associated with using them are assumed by us.
8. Use of Information: The platform services may automatically collect information about your use of the platform services. You agree that we may use information about your use of the platform services internally for data security purposes, including to improve our products and services. You also agree that we may use aggregated or de-identified information about your use of the platform services in our marketing and promotional materials, provided that such information cannot reasonably be used to identify you or any end user.
Ⅴ. Fees and Payment Terms
1. General Fees: You are responsible for and shall pay all fees incurred under your account, as well as any fees specified in the service order (if applicable). The applicable fees for your use of the Platform Services will be listed in your account. We reserve the right to update or modify the applicable fees and rates for the Platform Services, provided that we give reasonable advance notice regarding any such changes.
2. Subscriptions: We may offer the Platform Services on a subscription basis. Your purchase of a subscription indicates your agreement to automatically renew your subscription in accordance with these Platform Terms, and to pay all recurring fees associated with your subscription until canceled. Unless otherwise specified in the service order, you may upgrade, downgrade or cancel your subscription as provided in your account. Certain subscription packages may be available only to customers who enter into service orders and may be changed only by contacting our support. Cancellation or downgrade will take effect at the start of the next subscription term. Requests for cancellation, upgrade or downgrade made by contacting our support must be made at least five (5) days prior to the end of the current subscription term.
3.Transaction Fees: Certain features of the Platform Services may include related third-party payment processing fees. If you use such features, you must agree to the terms of service of the third-party payment processor prior to using the relevant features of the Platform Services. If you agree that we have no responsibility for any errors, omissions, or improper actions of such third-party payment processor, and you release us from any liability arising from or related to such issues.
4. Promotions and Discounts: We may offer promotions and discounts from time to time. All promotions and discounts are subject to any terms and conditions conveyed to you at the time of purchase or in the service order, and will not automatically renew or rollover. After a promotion or discount expires, regular fees and billing terms will apply.
5. Payment Method. We may require you to provide payment information through your account. You will ensure that your payment information and payment method are correct, current, and valid at all times, and you are solely responsible for any failure to do so, including any overdraft fees or fees associated with payment rejection. You can change your payment information and update your payment method through your account.
6. Payment Processing. Unless otherwise specified in the service order, we will charge you fees using the payment method you provided through your account on the billing cycle described in your account. We may use third-party payment processors. By providing your payment information through your account, (a) you authorize us and our third-party payment processors to charge your payment method for all applicable fees, including any recurring fees for your subscription and when you reach the fee cap; (b) you agree that Plexins' third-party payment processor may store your payment information; (c) you agree that Plexins' third-party payment processor may verify your payment information and payment method, including by running one or more payment authorization checks (such as by charging and reversing an amount less than one dollar). If Plexins and its third-party payment processor cannot charge your payment method associated with your account for any reason, including expiration or insufficient funds, you remain responsible for any uncollected amounts, and Plexins may attempt to charge your payment method.
7. Refunds. To the extent permitted by law, your purchases are final, and Plexins is under no obligation to provide refunds. If you cancel or modify an existing subscription, you are still responsible for all charges incurred during the then-current subscription period. Notwithstanding the foregoing, we reserve the right to cancel any transaction for any reason in our sole discretion, in which case we will refund any amount paid by you for such transaction. You agree that we reserve the right to determine, in our sole discretion, whether to issue a refund based on any extenuating circumstances that may arise.
8. Late Payments. Late payment fees will be charged on delinquent balances at a rate of 1.5% per month or the maximum legal interest rate allowable (whichever is higher) from the due date of such payment until the date of payment. If Plexins must initiate collection procedures to recover unpaid charges, we will be entitled to collect all costs associated with such collection procedures, including reasonable attorney's fees and transportation costs, from the customer.
9. Taxes. Our service fees do not include taxes.
10. Free Trials. Plexins may provide certain platform services to you for evaluation purposes free of charge. Such free trials are subject to any terms and conditions conveyed to you at the start of the free trial, including any limitations on the total messages or other features. Unless otherwise provided in the service order, Plexins may terminate the free trial at any time in its sole discretion.
11. Billing Disputes. If you wish to dispute any invoice or charges received from Plexins, you must provide written notice to Plexins within fourteen (14) days of delivery of the relevant invoice or bill, failing which you will be deemed to have waived your right to dispute such claims.
Ⅵ. Customer obligations
1. Compliance with laws. Customer represents, warrants, and covenants to Plexins that Customer's use of the Service shall comply with the usage restrictions set forth in Section 4 and all applicable laws, rules, or regulations of any jurisdiction.
2. Privacy and Cookie Statement. Customer shall provide an appropriate privacy statement to end-users, disclosing the collection, use, and disclosure of end-users' personal information related to Customer's use of the Service, including but not limited to such collection, use, and disclosure as contemplated by this Agreement. If Customer is subject to the GDPR or ePrivacy Directive or other laws requiring Customer to provide notice or obtain consent for the use of cookies or similar technologies on Customer's website or other online services, Customer shall provide such notice and obtain such consent with respect to any Plexins cookies or similar technologies used on Customer's website or other online services.
3. Restricted Data. Customer shall ensure that Customer Content does not include (i) protected health information regulated by the Health Insurance Portability and Accountability Act (“HIPAA”) or medical information regulated by state medical privacy laws, (ii) social security numbers, driver's license numbers, or other government-issued identification numbers, (iii) financial information, bank account numbers or passwords, or information regulated by the Fair Credit Reporting Act, (iv) payment card data regulated by the Payment Card Industry Data Security Standards, (v) biometric data regulated by biometric privacy laws, (vi) online account passwords, login credentials, or related information, (vii) criminal records, (viii) information regarding race, ethnicity, political or religious beliefs, union membership, or information regarding sexual life or orientation or other information constituting "special categories of data" under the GDPR, or (ix) personal information of children under the age of sixteen (16) or below the age required by applicable privacy laws for consent purposes, as required by COPPA, GDPR or other applicable privacy laws. Plexins shall have no responsibility for such information, even if the Agreement provides to the contrary.
4. Safety. The customer shall use its best efforts to prevent unauthorized access to or use of the Services through its or its permitted user accounts, promptly notify Plexins of any unauthorized access or use, and provide reasonable cooperation regarding information requests from law enforcement agencies, regulatory agencies, or telecommunications providers.
5. Obligations with respect to Customer Content. The customer is solely responsible for the accuracy, content, and legality of Customer Content. The customer acknowledges that the Services are provided by Plexins on a business-to-business basis to the customer, and that Plexins has no direct relationship with any end user as a result of providing the Services to the customer pursuant to this Agreement. Accordingly, the customer acknowledges that Plexins relies on the customer's rights in Customer Content to provide the Services and to process Customer Content in accordance with the Plexins Data Processing Addendum and the customer's instructions thereunder. The customer is solely responsible for the accuracy, content, and legality of Customer Content. Plexins is not responsible for any Customer Content, and may, in its sole discretion, decide to edit or remove any Customer Content that it reasonably believes is inaccurate, inappropriate, or in violation of this Agreement or applicable law. Nothing in this Agreement shall be construed as obligating Plexins to display, use, or in any way utilize any Customer Content that it reasonably believes is inaccurate, inappropriate, or in violation of this Agreement or applicable law.
6. The customer represents and warrants to us that the customer has given all notices and obtained all necessary rights to transfer to us and Plexins without violation or infringement of (i) any laws, (ii) intellectual property, publicity, privacy or other rights, or (iii) any terms of service or other agreements governing customer content or customer's activities related to the use of the service (including, but not limited to, Instagram Platform Policy).
7. License Users and End Users. The customer shall ensure that each of its licensed users and end users is legally bound by customer's terms of use, service terms, or other legally binding agreements between customer and each such end user, prohibiting end users from infringing or otherwise violating third-party rights, including but not limited to third-party intellectual property rights. The customer shall be fully responsible for all actions, omissions, and activities of its licensed users and end users, including their compliance with this agreement.
8. Order Fulfillment. Between the customer and Plexins, the customer is solely responsible for all customer services, order fulfillment and returns, as well as for paying any taxes or fees related to any products or services related to the domain listed on the order that are sold or marketed by the customer.
9. Sending messages to end users through services. Within the scope of Plexins' access offering to customers, customers are allowed to send customer communications to end users through phone, SMS/MMS, or email, including but not limited to marketing and advertising campaigns ("customer messages"). Customers agree not to send any unsolicited commercial communications. In addition, customers acknowledge that they are solely responsible for the content of all customer messages created by the customer or on behalf of the customer, and for compliance with all laws related to the customer's use of the service to send custom messages. Accordingly, notwithstanding any disclaimers of representations or warranties in the agreement, customers represent, warrant, and covenant that: (i) all applicable email addresses and/or phone number lists have been created and/or shared with Plexins in a lawful manner, (ii) clear and conspicuous notice has been given to each end user or other recipient of customer messages or other communications before collecting his or her phone number that such email addresses and/or other contact information may be collected, used, or shared for the purpose of facilitating the sending of customer messages to such recipients as contemplated by this agreement, and as required by law, and (iii) each end user or other recipient of applicable communications has given all necessary consents required by law to receive commercial electronic mail and other forms of communications, including but not limited to consenting to receive customer messages. Customers acknowledge that the service may use an automatic telephone dialing system as defined by TCPA to transmit customer messages, and customers agree that such consent is sufficient to allow the service to use such a system, including but not limited to sending messages for advertising and solicitation purposes.
10. Restrictions on certain messages. By using the functionality to send custom messages to end-users, customers agree to allow end-users to opt-out of any future messages as required by law. Customers are responsible for respecting all opt-out requests from end-users. Customers must use valid phone numbers. Phone numbers that cannot receive SMS/MMS or fixed phone numbers that cannot receive text messages are not eligible for using the service. Customers agree to retain the right to decide the number of customer messages related to the service that may be sent. Applicable message and data rates apply to such messages. Customers hereby acknowledge and agree that (i) Plexins only acts as a technical intermediary in transmitting or routing customer messages sent through the service, (ii) customers are the senders of any customer messages for legal purposes, (iii) Plexins has no relationship or obligation to any end-users or any other individuals or entities with respect to the customer service provided through the service ("End-User Service"), and they are not third-party beneficiaries of this Agreement, and (iv) customers shall be solely responsible and liable for any customer messages and for complying with any laws related to the End-User Service. If Plexins determines in its sole discretion that any messages sent by the customer violate the terms of this Agreement, Plexins may suspend or disable the customer's ability to send messages through the service at any time.
Ⅶ. Ownership and Intellectual Property
1. Ownership. Neither party grants any rights or licenses to the other party that is not explicitly provided for in this Agreement. Except for the rights of the customer under this Service Agreement, we and our licensors reserve all intellectual property and other rights, title and interest in and to the Platform, each product, service, and any deliverables and related technology, templates, documentation, help files, tutorials, format and dashboard, including any modifications or improvements to these items based on usage data. If the customer provides feedback or suggestions to us regarding the Services or other products, such feedback or suggestions may be used by us without restriction or obligation.
2. Use of Data. We may generate technical logs, data and usage information related to the customer's use and the end-user's use of the Services ("Usage Data"), as well as the customer content processed by the Services, and use such information to operate, analyze, improve and support the Platform and/or Services, and for other lawful purposes. We will not disclose Usage Data to third parties except as required by law.
3. Platform Service License. Subject to these Service Terms, we grant you a limited, revocable, personal, non-transferable, non-exclusive license to use the Platform Services solely for your own marketing and promotional activities and only in the manner permitted by these terms. This license will terminate immediately upon termination of your account or these Platform Terms.
4. Customer Data License. The customer grants us a non-exclusive, non-transferable, worldwide, royalty-free license to host, reproduce, process, transmit, and otherwise use the customer data for providing the Platform Services and any other uses permitted under these Platform Terms.
5. Marketing and publicity rights. We may use your name and trademark in marketing and publicity materials to identify you as a Plexins customer. Additionally, we may use examples of messages and other marketing content from you or your end-users in our marketing and publicity materials, provided such examples cannot reasonably be used to identify any specific end-user. If you object to a specific use of your name or brand and notify us in writing, we will make commercially reasonable efforts to comply with your request to change or remove the relevant use.
6. Reservation of rights. We own all rights, title, and interest in the Platform Services and all other Plexins products, services, and marks and brands, including all intellectual property rights, except as explicitly provided in these Terms. Neither party's intellectual property rights are granted any rights, except as expressly stated in these Terms.
7. Feedback. If you provide any feedback regarding the Platform Services or other products or services, you agree that we may use such feedback free of charge for any purpose, including improving the Platform Services and other products and services, and developing new products and services.
Ⅷ. Service Suspension
If the customer violates Section 4 (Use Restrictions) or Section 6 (Customer Obligations), if the customer's invoice payment is overdue for 10 days or more, or if the customer's behavior may harm the security, availability, or integrity of other customers or this service. Once the customer resolves the issue that requires suspension, we will immediately restore the customer's access to the service in accordance with this agreement. We reserve the right (but not the obligation) to monitor and audit the customer's use of the service for any reason or no reason and without further notice to ensure compliance with this agreement.
Ⅸ. Privacy and Data Protection
1. The customer instructs Plexins to use account registration information and other personal information of authorized users, which is collected for the purpose of using Plexins services as described in Plexins Privacy Policy (https://www.plexins.com/privacy/), which may be updated from time to time and is currently available. The customer is responsible for the use of the services by its authorized users and their compliance with this agreement. The customer shall keep confidential their service user IDs and passwords, and shall be responsible for any actions taken through their respective accounts.
2. Plexins' Privacy Policy and Data Processing Addendum may be updated from time to time and form an integral part of these Terms of Service.
Ⅹ. Disclaimer
1. Except as expressly provided herein: (i) the Platform, including but not limited to any and all Plexins materials, services (including but not limited to installation, integration, and implementation services), and products, are provided by Plexins on an "as is" basis, without any express or implied warranties; (ii) to the maximum extent permitted by applicable law, Plexins disclaims all express or implied warranties, including but not limited to implied warranties of merchantability, non-infringement, and fitness for a particular purpose; (iii) we do not guarantee that the services or content provided by the Platform will be uninterrupted or error-free; and (iv) Plexins makes no warranty or representation that customer's use of the services will comply with the law or the legal correctness, accuracy, reliability, or other aspects of the use or the results of the use or the other content provided under its terms. Customer is responsible for evaluating the functionality and features of the services and determining whether customer can lawfully use the services. Customer is responsible for taking all necessary precautions to protect itself from any claims, damages, losses, or dangers that may arise from its use or reliance on the Platform or the services. Plexins disclaims all warranties related to third-party telecommunications providers.
2. Customer acknowledges that email and text/SMS/MMS messages are insecure media, typically not encrypted during transmission, and that the security of information transmitted over the Internet cannot be guaranteed. Therefore, we are not responsible for any interception or interruption of any communication or for any alteration or loss of customer content related to the services transmitted over the Internet.
3. Certain jurisdictions do not allow the exclusion of certain implied warranties. Therefore, some of the above limitations may not apply in cases where such limitations are not permitted.
XI. Responsibility Limitations and Compensation
1. To the fullest extent permitted by law, under no circumstances shall we or any of our affiliates or partners, as well as any of their directors, officers, employees, shareholders, agents, licensors, subcontractors, or suppliers, be liable or responsible in any way for any compensatory, direct or indirect, incidental or consequential damages, under any legal theory, related to this Agreement or any matters related thereto, including but not limited to any loss of profits and business opportunities, business interruption, revenue, earnings, goodwill, use, data or other intangible losses, or special, consequential or punitive damages, even if advised of the possibility of such damages. Notwithstanding anything to the contrary, our cumulative liability to you for any claims, losses, damages, or expenses related to this Agreement and/or any matters related thereto shall be limited to 600 CNY.
2. You understand and agree that the warranty disclaimers, limitations of liability, and remedies limitations contained in these provisions are fundamental to this Agreement, and have been fully considered, understood, and agreed to by you, and are reflected in our provision of the Services and Platform to you and your decision to use the Services and Platform.
3. Customer indemnification. To the fullest extent permitted by applicable law, you shall indemnify and hold harmless the protected parties against any and all third-party claims, actions, lawsuits, and proceedings brought against any of the protected parties, as well as all related liabilities, damages, settlements, fines, penalties, costs or expenses (including reasonable attorney's fees and other litigation expenses), or other losses incurred by the protected parties arising out of or related to: (a) your breach of these Platform Terms, including your use of the Platform Services in violation of these Platform Terms; (b) your violation of applicable laws, CTIA policies or any third-party intellectual property, publicity, or privacy rights related to the Platform Services; (c) customer data related to the Platform Services that you or your representatives upload, transmit, store, or otherwise process; (d) your end-user terms, as updated from time to time. Without prior written consent from Plexins, you shall not compromise or settle any indemnified claim or admit any liability with respect to us, and Plexins reserves the right to participate in defense of and control any matter for which you are required to indemnify us, at our own expense.
XII. Termination
1. Termination. Unless otherwise expressly provided in these Terms of Service, we may, at our sole discretion, immediately restrict, terminate, or suspend your access to the Platform Services without any liability to you in the event that you breach these Terms of Service. Without limiting the foregoing and notwithstanding any contrary provision, we may terminate your right to use the Platform Services or these Terms of Service at any time if: (a) you violate these Terms of Service or any Service Order, including your payment obligations; (b) you fail to provide current payment information and a valid payment method, which precludes Plexins from collecting fees due for your use of the Platform Services; (c) your third-party aggregator prohibits or restricts Plexins from providing the Platform Services to you, including where a carrier has determined that you have violated the carrier's content policies; (d) your use of the Platform Services creates security or legal risks for Plexins or its other customers; (e) you have filed for bankruptcy, are dissolving your business, or are participating in similar legal proceedings. If your account is terminated pursuant to these Terms of Service, all then-current Service Orders will also terminate. Additionally, you shall remain responsible for payment of any outstanding service fees, damages, or losses resulting from or related to any of the foregoing reasons. Without prior written consent from Plexins, you shall not compromise or settle any claims for damages, nor admit any liability on our behalf, and Plexins reserves the right to participate in the defense and control of any matter for which you are obligated to compensate Plexins.
2. Consequences of Termination. Upon termination of these Terms of Service or your account, all rights and licenses granted to you by Plexins shall immediately terminate, and you shall immediately cease all use of the Platform Services and return or destroy all confidential information of Plexins that you own or control.
3. Contact Us. For customer support, please email info@Plexins.com.