Plume ("Plume", "we", "us", "our") operates websites and software applications ('apps'), including plume-app.com and all other plume-app.com subdomains. By using the Services or accessing any content or material made available by Plume or its users through the Service, you agree to these Terms and Conditions ("Terms") and our Acceptable Use Policy and Privacy Policy, which can be reviewed and accessed at https://www.plume-app.com/privacy.html. "Agreements" refers to the Terms, Acceptable Use Policy, Privacy Policy, and any additional terms or agreements that you have agreed to. If you do not agree with the Agreements, then you may not use the Plume Service or consume any Resources.
You certify that your registration information and any other information that you submit to us are true, accurate, and complete, and you agree to maintain this condition consistently. You are solely responsible for protecting your account information and preventing unauthorized access. You agree that no other person shall be allowed to use or access your account or make use of the rights conferred to you pursuant to the agreements
Please read the Agreements carefully as they contain important information about Plume Services provided to you and any fees and charges applicable to the Services. You acknowledge that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them.
By accessing and using Plume's Services and Resources, you agree to use them solely for their intended purposes as permitted by these Terms, our Acceptable Use Policy, and applicable laws, regulations, and ethical online practices or guidelines ("Acceptable Use"). Plume reserves the right to modify the Acceptable Use Policy at any time without notice.
In the event of any violation of the Acceptable Use Policy, Plume may immediately suspend or terminate your account.
Plume reserves the right to modify these Terms from time to time, without notice to you. You understand and agree that it is your responsibility to review these Terms periodically to familiarize yourself with any modifications. In the event of any material changes to these Terms, Plume will provide notice to you at least 30 days prior to the effective date of such changes. Such notice may be provided through your use of the Services or by email to your registered email account. It is your responsibility to read any such notice carefully. Your continued use of the Services after such modifications will constitute your acknowledgment and agreement of the modified Terms. If you do not wish to continue using the Services under the new version of the Terms, you may terminate the Agreements by contacting Plume.
Plume Services are available for free or as a paid service in accordance with the following and you agree to abide by the terms applicable to the Service program that you have signed up for:
Plume will always have a free version that allows a complete use case for any teacher teaching creative writing. This includes: unlimited access for all students registered to the learning platform (plumeapp.com/student); unlimited access for the teacher to the teacher dashboard (plume-app.com/teacher).
Plume has a pilot offer & a paid version of the product which provides, nonexhaustively: - full access to the learning platform during class time; - access to the learning platform at home with an individual identifier; - additional features in the teacher dashboard (plume-app.com/teacher); - professional development on learning how to use the platform; - thorough customer support. If you have subscribed to Plume's pilot program or paid version, then unsubscribed, and received a confirmation from Plume of your unsubscription, Plume will not charge you any kind of fee for the use of Plume's free version.
If these Terms & Conditions apply, paid subscriptions are to be purchased directly through a separate agreement with Plume. There is no automatic way of subscribing to the paid version of Plume, and Plume may decline the access to the paid version of the service to ensure the quality of service to other current paying users.
The Plume Service and the Resources are the property of Plume or Plume’s licensors. We grant you a limited, non-exclusive, revocable license to make use of the Plume Service for non-commercial, educational, and/or entertainment use of the Service (the "License"). This License shall remain in effect until and unless terminated by you or Plume. You promise and agree that you are using the Services and the Resources for non-commercial, educational, and/or entertainment purposes and that you will not broadcast the Services or the Resources. For the avoidance of doubt, you may not charge any fees or require any payment as part of your use of the Service or the Resources. If you have signed up for Paid Subscription, you may also use the Services for certain commercial purposes if and to the extent permitted in accordance with the applicable Service Program specified in your Plume account, conf. section 4.2. Except for the rights expressly granted to you in these Agreements, Plume grants no right, title, or interest to you in the Plume Service or Resources.
The Plume software applications and the Resources are licensed, not sold, to you, and Plume and its licensors retain ownership of all copies of the Plume software applications and Resources even if you have downloaded such Resources to your personal computers, mobile handsets, tablets, and/or other relevant devices.
All Plume trademarks, service marks, trade names, logos, domain names, and any other features of the Plume brand ("Plume Brands") are the sole property of Plume or its licensors. The Agreements do not grant you any rights to use any Plume Brand for any purpose, whether for commercial or non-commercial use.
The Plume Service is integrated with third party applications, websites, and services ("Third Party Applications") to make available content, products, and/or services to you. These Third-Party Applications may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that Plume does not endorse and is not responsible or liable for the behavior, features, or content of any Third-Party Application or for any transaction you may enter into with the provider of any such Third Party Applications.
As creator of your Plume account, you have access and control over the Plume account and the devices that are used to access the Service. To maintain control over the account and to prevent anyone from accessing the account, you should maintain control over the devices that are used to access the Service and not reveal the password. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. You are also responsible for preventing unauthorized access and use of your account by any other than you. We can terminate your account or place your account on hold in order to protect you, Plume, or our partners from conducting or attempting to conduct identity theft or other fraudulent activity.
The Agreements will continue to apply to you until terminated by either you or Plume. You may terminate the Agreements at any time. Plume may terminate the Agreements or suspend your access to the Plume Service at any time, including in the event of your actual or suspected unauthorized use of the Plume Service and/or Resources, or non-compliance with the Agreements. If you or Plume terminate the Agreements, or if Plume suspends your access to the Plume Service, you agree that Plume shall have no liability or responsibility to you and Plume will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law.
You hereby acknowledge and agree that the perpetual license granted to Plume by you in relation to User Content will continue after expiry or termination of any of the Agreements for any reason.
Sections of the Agreements that, either explicitly or by their nature, must remain in effect even after termination of the Agreements, shall survive termination.
Although Plume will strive to provide the Plume Service to the best of its abilities and without interruptions, you understand and agree that the Plume Service is provided “as is” and “as available”, without any express or implied warranty, condition, or guarantee of any kind. This means that we do not represent or warrant to you that:
This section shall apply to the greatest extent permitted under applicable law.
YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE PLUME SERVICE IS TO UNINSTALL ANY PLUME SOFTWARE AND TO STOP USING THE PLUME SERVICE. IN NO EVENT WILL PLUME, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE PLUME SERVICE, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER PLUME HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You agree to indemnify and hold harmless Plume and its parent company and affiliates, and their directors, officers, managers, employees, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account.
These Agreements constitute all the terms and conditions agreed upon between you and Plume and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.
Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements.
Plume may assign the Agreements or any part of them, and Plume may delegate any of its obligations under the Agreements. You may not assign the Agreements or any part of them, nor transfer or sub-license your rights under the Agreements, to any third party.
To the fullest extent permitted by applicable law, you agree to indemnify and hold Plume harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: (1) your breach of this Agreement; (2) any User Content; (3) any activity in which you engage on or through the Plume Service; and (4) your violation of any law or the rights of a third party.
International Sales of Goods will apply to all matters relating to the use of the Services and the purchase of any products or services through this site.
Furthermore, any action to enforce this User Agreement shall be brought in the courts located in our country. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
By using our Services and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as “Resources”), you agree to use these Services and Resources solely for the purposes intended as permitted by (a) the Terms, (b) this Acceptable Use Policy and (c) applicable laws, regulations and generally accepted online practices or guidelines (“Acceptable Use”). Wherein, you understand that: