Terms and Conditions
Last Updated: January 1, 2025
I. AGREEMENT TO TERMS
The Terms of Use Agreement ("Agreement"), created on the Effective Date and last amended on date above, is made between you ("User," "You" or "Your"), and PlutoFi, Inc., which includes its affiliated companies, websites, applications, software, and tools (the "Company," "We," "Us," or "Our"), and, with this Agreement, outlines the rights and obligations that you and all users share, as well as any other media form, media channel, mobile website or mobile application related or connected thereto (collectively, the "Website"), for the purpose of making use of any of the content, software, or other tools on the website ("Services").
II. PAYMENTS
All or a portion of the services offered by the Company on the website are paid in accordance with the terms below:
a) Forms of Payment. We accept payment through the methods offered at the time of purchase. The provider and method of payment are determined by your location, device, and purchased item. We reserve the right, at any time, to reject payment for any reason.
b) Currency. Payments will be accepted on the website in the currency based on your location and in accordance with local laws.
c) Refund Policy. Except when required by law, payments made by a user are not refundable by the Company. Refund requests are administered on a case-by-case basis if the request is received within twenty-four (24) hours of placing an order on the Website or through the mobile app. If granted, refunds are issued at the sole discretion of the Company.
d) In-App Purchases. If the Website's Services are offered on an Android, iOS, or other mobile application ("Mobile App"), this Agreement also applies to payments made on the mobile app. In addition, payments made on the mobile app must also be in accordance with the terms of the mobile app platform or "Store".
III. SUBSCRIPTIONS
If any of the Services offered by Us are available with a paid subscription, you will be billed in advance and on a recurring and periodic basis (such as daily, weekly, monthly, annually, or other agreed upon timeframes) at the end of each period. With each successful payment, the subscription will automatically renew under the same conditions unless canceled.
a) Cancellation. You are entitled to cancel a subscription at any time and in accordance with the terms of this Agreement. Cancellation does not entitle you to a refund for any prior payments made or any products purchased from the Website or Mobile App.
b) Fee Changes. If any changes occur to the subscription amount, you will be given notice of at least one (1) billing cycle prior to the change taking effect. Notice will be given by the e-mail on your registered account or profile.
c) Free Trials. Any free trial, sample, or other abridged versions of Our Services that are offered shall be considered a one (1) time use based on the registering of a user's e-mail. It is strictly prohibited for a user to create and register more than one (1) e-mail solely to access another free trial on the website. If We determine that a user has intentionally misrepresented themselves solely for the purpose of accessing another free trial, membership will be terminated, and the user will be prohibited from creating another account.
IV. ACCESS
Your access to and use of the Website and the Services is conditional upon your acceptance of and compliance with this Agreement, which applies to all the Website's visitors. If for any reason, you do not agree with any of the terms of this Agreement, you may not access the Website or its Services. Additionally, your access to and use of the Services is also conditional upon your acceptance of and compliance with our privacy policy which describes our policies and procedures on the collection, use, and disclosure of your personal information which is initiated by and commences when you use the website.
a) Minors (under the age of 18). If any user is a minor in the jurisdiction where they're reside, the minor must obtain permission from their parent or guardian to use the Website. If a minor accesses the Website, it is assumed that their parent or guardian has read and agrees to this Agreement and has given permission to the minor to use the Website.
b) Children (under the age of 13). If any user is a child under the age of thirteen (13) years and from the United States, it is assumed that they have obtained permission and verifiable parental consent to use the Website. Furthermore, this Agreement allows the protections mentioned under the Children's Online Privacy Protection, specifically, 15 U.S. Code § 6502.
V. PROHIBITED ACTIVITIES
As a user of our Services, whether on the Website or Mobile App, it is prohibited to engage in the following activities:
i. Systematically retrieve data or other content from the Website or Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without our written permission;
ii. Trick, defraud, or mislead other users or Us, especially in any attempt to learn sensitive account information such as user passwords;
iii. Circumvent, disable, or otherwise interfere with security-related features of the Website or Services, including those that restrict the copying of content or protected marks;
iv. Disparage, tarnish, or otherwise harm the Company, Website, Mobile App, or any other platforms where the Services are offered;
v. Use any information obtained from the Website or the Service to harass, abuse, or harm another person or group of people;
vi. Make improper use of Our support services, specifically, Our customer service representatives, or make false reports of abuse or misconduct;
vii. Use the Website or Services in a manner that is inconsistent with its intended use or against any applicable laws;
viii. Engage in spamming, linking, or referring to other websites for commercial or other purposes;
VI. GUIDELINES FOR REVIEWS
We may provide you, either on the Website or by a 3rd party, the right to leave a review or rating of the services provided. Said review or rating requires that you:
i. Should have firsthand experience with the person/entity being reviewed;
ii. Do not contain any offensive, abusive, racist, profanity-laden language;
iii. Do not reference discriminatory language or references related to religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
iv. Do not include references to illegal activity;
v. Do not post negative reviews as part of a scheme working with a competitor of ours;
VII. COPYRIGHT POLICY
a) Intellectual Property Infringement. It is our duty to respect the intellectual property rights of others. Therefore, it is our policy to respond to any claim that infringes on any trademark, copyright, or other intellectual property protected under law.
b) DMCA Notice and DMCA Procedure for Copyright Infringement Claims. You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Company with the required information in writing as specified in 17 U.S.C 512(c)(3).
VIII. INTELLECTUAL PROPERTY
Except as otherwise indicated, all source coding, databases, functionalities, software, graphic designs, and media of any kind (e.g. audio, video, text, photos, etc.), content, trademarks, service marks, logos, and copyrights are considered to be intellectual and proprietary information. Such intellectual information is under our ownership and protected by local, state, national, and international laws and will be defended.
IX. USER OBLIGATIONS
You, as a user of the website or any of its services, agree to the following:
i. Any information used for registration purposes, if required, must be submitted in an accurate and completed manner;
ii. If any information should change regarding your account, you agree to change it in a timely fashion;
iii. You have the legal capacity to understand, agree with, and comply with this Agreement;
iv. That you are not considered a minor in the jurisdiction where you reside or are accessing the Website or its Services;
X. USER ACCOUNTS
If our Website allows the creation of a user account of any type, you agree to be responsible for safeguarding its information including account data, connected e-mails, passwords, and any other personal information located therein.
XI. SOCIAL MEDIA
As part of the Website's functionality, you may be able to link and connect a social media profile with your account for sharing information, logging into the Website, or for any other reason that is in accordance with the terms of this Agreement and the social media Company's terms of use.
XII. THIRD PARTY WEBSITE AND CONTENT
Our Website or Services may contain links to third party Websites or Services that are not owned or controlled by us. Therefore, we assume no responsibility for the content, privacy policies, terms of use, practices, services, experiences, activities, or any other acts by third parties.
XIII. ADVERTISING
In the event that we host, display, recommend, or link to websites or services in exchange for a fee ("Advertisements"), it shall be known that such websites and services are often not known to us and are provided via advertisement networks based on user data.
XIV. SITE MANAGEMENT
To ensure the best experience for all users of our Website and Services, we reserve the right, in our sole discretion, to monitor our Website's Services, and any other content for violations by users of this Agreement.
XV. PRIVACY POLICY
Your access to and use of our Website or Services is conditional upon your acceptance of our privacy policy. Our privacy policy describes our rules and procedures on the collection, use, and disclosure of your personal information and details your privacy rights and how the law protects you and such data. Our privacy policy can be found at: www.plutofi.com/privacy
XVI. TERMINATION
We may terminate or suspend your account for any reason and at our sole discretion. If your account is suspended or terminated, we may or may not provide prior notice. Upon termination of your account, your access to the Website and/or Services will cease immediately.
XVII. GOVERNING LAW
This Agreement, including your use and access to the Website and Services, shall be governed by the laws of the State of North Carolina, without regard to its conflict laws.
XVIII. DISPUTE RESOLUTION
If you should raise any dispute about the Website, its content, or any of the Services offered, it is required first to attempt to resolve the dispute formally by contacting us.
a) Mediation. If a dispute cannot be agreed upon by the parties, it shall be moved to mediation to be conducted in accordance with the procedures of the United States Arbitration & Mediation.
b) Arbitration. If the dispute cannot be agreed upon during the mediation period, then the dispute will be submitted to binding arbitration in the jurisdiction of governing law.
XIX. "AS-IS" DISCLAIMER
It is recognized to you, as a user of the Website and any Services offered, that they are provided on an "as-is," "where is," and "as available" basis, including faults and defects without warranty. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
XX. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including any of our subsidiaries, agents, or affiliates and our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party.
XXI. NOTICES
Except as explicitly stated otherwise, any notices sent to us must be emailed to us at legal@useplutofi.com. Any notices sent to you regarding any communication that must be sent in accordance with this Agreement will be sent to the e-mail registered to any account created on the Website.
XXII. ELECTRONIC MEANS
When accessing the Website or any of its Services, sending e-mails, online forms, e-signatures, or any type or kind of electronic records or communication, you consent that all agreements, notices, disclosures, and other communications we provide to you in such manner satisfies any legal requirement that such communication should be in writing.
XXIII. CALIFORNIA USERS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at:
Mail:
1625 North Market Blvd, Suite N 112,
Sacramento, California 95834
Telephone:
(800) 952-5210 or (916) 445-1254
XXIV. MISCELLANEOUS
a) Entire Agreement. This Agreement and any policies or operating rules posted by us, on the Website, or through any Services or in respect to such, constitute the entire Agreement and understanding between you, as a user, and us, as a Company.
b) No Waiver. Our failure to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision.
c) Assignment. We reserve the right to assign any or all of our liabilities, services, and obligations to another party at any time.
d) Severability. If any provision, section, clause, or part of this Agreement is determined to be unlawful, void, or unenforceable, that said portion of this Agreement is determined to be severable and does not affect the validity and enforceability of any remaining language.
e) Relationship of Parties. It is understood that this Agreement does not create a joint venture, partnership, employment, or agency relationship between you and us, the Website, or any of its Services.
f) Translation. If this Agreement has been translated, you agree that its original English text shall prevail in the case of a dispute.
