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Terms of use of Plugnotes

Preamble 

Last update: 01/07/2023 

Thank you for choosing Plugnotes! This document outlines the terms and conditions that govern access to and use of our business-to-business Software-as-a-Service (SaaS) solution. Plugnotes is a plug-and-play platform that digitalizes workflows for entreprises. Our goal is to help our clients optimize their operational processes both internally and with external stakeholders quickly and flexibly. Unlike traditional ERPs and specialized solutions, Plugnotes requires no technical expertise or heavy investments. It seamlessly integrates with other solutions to provide a comprehensive workflow optimization experience. Our web and mobile application allows you to self-configure digital forms and databases to streamline data and file collection and tracking, replacing inefficient paper-based, transcription-dependent, and Excel-reliant processes. 

Terms of Use and Parties 

These terms of use (hereinafter the "Terms") govern the access and usage of our website, application, software, and services (hereinafter the "Services" or "Our Service"). The Terms of Use constitute a contract between Plugnotes SA, a company established in Belgium at 1490 Court-Saint-Etienne, Clos du Beau Ruisseau 7, and your business entity. By accessing or using our Services, you acknowledge your acceptance of these Terms on behalf of your company. If you do not agree with these Terms, you are not authorized to access or use our Services. 

Your Data and Permissions You Grant 

By utilizing our Services, your business entity may provide files, content, messages, and other data (hereinafter "Your Data"). Your Data remains your property, and Plugnotes claims no ownership over it, except for limited rights required to provide and optimize our Services. 

These limited rights include hosting, backup, and sharing functionalities for Your Data. By using our Services, you grant us permission to perform these operations. We may also collaborate with trusted third parties and affiliates, and you authorize us to grant them the necessary permissions to facilitate the provision of our Services. 

You agree that these rights and licenses are royalty-free. 

Your data will be stored in Germany. By using the Service, you acknowledge that electronic communications, including your Subscriber Information and Content, may be transmitted through computer networks owned or used by Plugnotes located in various locations. 

 

Your Responsibilities 

Your business entity is solely responsible for its conduct and the usage of Your Data, including any voluntary sharing of data with third parties. 

 

Please refrain from copying, transferring, downloading, or sharing any content unless you have the necessary rights to do so. It is essential to respect the intellectual property rights of others. 

Plugnotes assumes no responsibility for the content published and shared via our Services. 

To maintain the security of your account, ensure the confidentiality of your password, and keep your account information up-to-date. Do not share your account credentials with others, and do not grant access to your account to unauthorized users. 

You may only use our Services in compliance with applicable laws, including export control regulations. 

Lastly, our Services are not intended for use by individuals under 15 years of age. By accessing and using our Services, you confirm that your business entity comprises individuals above the age of 15. 

 

The Software 

Our Services include the option to download client software (the "Software"), which may receive automatic updates. While adhering to these Terms, we grant your business entity a limited, non-exclusive, non-transferable, and revocable license to use the Software exclusively for accessing our Services. 

 

Our Rights 

These Terms do not transfer any rights, titles, or interests in the Services, the content of other users, trademarks, logos, and other branding elements of Plugnotes. 

 

Copyright 

We respect the intellectual property of others and expect you to do the same. If you believe any content infringes on copyright, please contact us, and we will respond according to applicable laws. We may remove or disable content that allegedly infringes copyright and terminate accounts of repeat offenders. 

 

Paid Services 

Invoices for our Services are due and payable within 10 days from the date of the invoice. Your business entity is responsible for ensuring timely payment for all subscribed services. If payment is not received within the specified timeframe, Plugnotes reserves the right to suspend or terminate access to the Services until payment is made. 

In the event of late payment, your business entity agrees to pay interest on the outstanding amount at a rate of 1% per month or the maximum rate permitted by law, whichever is lower. Interest will accrue from the date of the original invoice until the full payment is received. 

 

To account for changes in market conditions, Plugnotes reserves the right to adjust the pricing for its Services annually. The price indexation will be based on a recognized price index, such as the Consumer Price Index (CPI) or any other relevant index. We will notify your business entity at least 30 days in advance of any price adjustments, specifying the new pricing structure. By continuing to use our Services after the price adjustment takes effect, you agree to the revised pricing. 

 

Termination Conditions 

Your subscription to our Services will automatically renew on an annual basis, unless you provide notice of cancellation. To cancel the subscription, your business entity must notify Plugnotes in writing at least 2 months before the renewal date. Failure to do so will result in the automatic renewal of the subscription for another year. 

Upon cancellation, your business entity will retain access to the Services until the end of the current subscription period. It is your responsibility to export any necessary data before the termination date, as access to the Services will be discontinued thereafter. 

If Plugnotes intends to terminate or suspend your access to the Services for any reason other than non-payment or breach of these Terms, we will provide your business entity with at least 30 days' notice to rectify the situation before termination. 

 

Dispute Resolution 

We prefer to resolve any concerns amicably without formal legal proceedings. Before initiating a formal complaint, you agree to contact us at contact@plugnotes.com to attempt an informal resolution. If the dispute is not resolved within 30 days of your submission, either you or Plugnotes may initiate a formal proceeding. 

You and Plugnotes agree that any legal proceeding concerning these Terms or the Services shall be submitted to the Belgian Commercial Court in Brussels, and both parties consent to the jurisdiction of this Tribunal. However, if you reside in a country (e.g., an EU member country) where local laws allow consumer disputes to be heard in regional courts, this paragraph shall not affect your rights under those laws. 

 

Applicable Law 

These Conditions are governed by Belgian law. However, in some countries (including EU member countries), consumer contracts may be governed by the national laws of the customer's country. In such cases, the local laws shall take precedence over this provision. 

 

Entire Agreement 

 

These Terms constitute the entire agreement between your business entity and Plugnotes concerning the subject matter of these Terms. They supersede and replace any previous agreements or conditions related to the subject matter. 

 

Waiver, Severability, and Assignment 

The failure of Plugnotes to enforce any clause does not indicate a waiver of its right to enforce it in the future. If any clause is deemed unenforceable, the remaining clauses shall remain effective, and a suitable provision reflecting the best intent of the original clause shall be substituted. You may not assign any rights granted by these Terms, and any such attempt shall be null and void. Plugnotes reserves the right to assign its rights to affiliates, subsidiaries, or other assigns, as required for the provision of Services. 

 

Updates 

We may revise these Terms to reflect: 

(a) legislative amendments; 

(b) new regulatory requirements; 

(c) improvements or modifications to our Services. 

If an update affects your use of the Services or your rights as a user, we will provide you with at least 30 days' notice before the effective date through an email to the address associated with your account or via in-product notification. 

If you disagree with the updates, you may close your account before the effective date. If applicable, we will offer a prorated refund based on prepaid amounts and the account closure date. By continuing to use our Services after the revised Terms take effect, you agree to be bound by them.