These Terms of Service ("Terms") govern your use of the Pluck ("Pluck," "us," and "we") app residing at pluckagents.ai (the "Site") and the Service. In addition, we ask that you review and abide by our Pluck Acceptable Use Policy. Please read them carefully before using our Service.
By using Pluck Service you agree to be bound by these Terms, and you are representing that you have the authority and capacity to form a contract with Pluck. If you are using our Service on behalf of an organization you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these Terms. In that case, "you" and "your" will refer to that organization. If you do not agree with all of the provisions of these Terms, you are not authorized to use the Service.
These Terms include a class action waiver and a waiver of jury trials and require the use of arbitration on an individual basis to resolve disputes.
If you subscribe to the Service for a term (the "Initial Term"), then the Terms will be automatically renewed for additional periods of the same duration as the Initial Term at Pluck's then-current fee for such services unless you decline to renew your subscription in accordance with Section 4 below.
Section 1: Your Use of the Pluck Service
Pluck provides a logged-in mobile and web application ("Service") that helps connect businesses, groups, and individuals ("Organizations") with their customers, clients, or communities ("Members"). "User" means any user of the Service and may be an Organization or Member. Organizations and Users may use the Service for content creation, scheduling, registration, transactions, messaging, and media sharing ("Platform Features"). Pluck may, in its sole discretion, enable different tiers of interaction and functionality within the Service. Platform Features may be provided free of charge ("Basic Features") or may include premium services ("Advanced Features") that require an additional subscription or payment. Pluck reserves the right to modify, add, or restrict Platform Features at any time, with or without notice to Users. Users may access Platform Features through web or mobile interfaces, subject to the terms of service and acceptable use policies established by Pluck.
To use many of the Services, you must first create an account ("Account"). Different parts of the Services may require different Accounts. You agree to provide us with accurate, complete and at all times up to date information for your Accounts. We may need to use this information to contact you.
Please safeguard your Accounts and make sure others don't have access to your Accounts or passwords and other authentication credentials (collectively, "passwords"). You're solely responsible for any activity on your Accounts and for maintaining the confidentiality and security of your passwords. We're not liable for any acts or omissions by you or anyone else in connection with your Accounts. You must immediately notify us if you know or have any reason to suspect that your Accounts or passwords have been stolen, misappropriated or otherwise compromised or in case of any actual or suspected unauthorized use of your Accounts.
The Services are not intended for and may not be used by children under the age of 13. By using the Services, you represent that you're at least 13. If you're under the age of 18, depending on where you live, you may need to have your parent or guardian's consent to this Agreement and they may need to enter into this Agreement on your behalf.
To report abuse or violations of these Terms, please contact us at report@plucklabs.com.
Section 2: Your Use of the Pluck Site
In order to use the Service, you must register for an Account and provide certain information about yourself. You represent and warrant that: (a) all required registration information you submit is truthful, complete, and accurate; and (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Site. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Pluck of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Pluck cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You may not have more than one Account.
Subject to these Terms, Pluck grants you a non-transferable, non-exclusive, license to access and use the Service as User.
Section 3: The Rights You Are Giving Us to Your Content
It's very important to us that you understand what rights you are giving Pluck to the content that you create or use with our Service (your "User Content"). Users of the Services may provide us with data and content, including without limitation: text, photos, images, music, audio, videos, fonts, logos, stickers, code and any other materials. Your User Content stays yours, except for the limited rights that enable us to provide, improve, promote and protect the Services as described in this Agreement.
You hereby represent and warrant to Pluck that your User Content does not violate the Acceptable Use Policy and that no payments of any kind are required by Pluck to any third party to exercise the licenses described above. You may not state or imply that your User Content is in any way provided, sponsored or endorsed by Pluck. Pluck is not obligated to backup your User Content. Furthermore, you are solely responsible for your User Content and assume all risks associated with use of your User Content.
Pluck may at any time, in its sole discretion, but is not obligated to, review, remove, modify, and/or place age restrictions on any User Content, or investigate and/or take appropriate action, including terminating your Account and/or reporting you to law enforcement authorities, for any reason or no reason, including if you violate these Terms, or otherwise create liability for us or any other person, all without any liability or notice to you.
Section 4: Buying and Selling Services
Users are allowed to sell services that they directly provide to other Members on the Pluck platform. However, Users cannot buy or sell products, digital goods, or digital subscriptions that would be considered in-app purchases by platform providers. The platform is designed for direct service transactions where Users offer their own services, but not for merchandise, digital content sales, or subscription-based offerings. Pluck does not determine, validate, or guarantee the pricing of services offered by Organizations. Additionally, Pluck is not responsible for managing refunds, disputes, or any financial transactions between Users. All pricing, payment, and service delivery details are solely the responsibility of the Users involved in the transaction.
In order to access Advanced Features, Users may need to pay a monthly subscription fee. Users will be responsible for payment of the applicable Pluck Subscription Fees at the time they select their monthly or annual subscription package to access Advanced Features (each, a "Service Commencement Date"). Except as set forth in these Terms, all fees for the Services are non-refundable. The current "Pluck Subscription Fees" will be set forth at Pluck's site and may be modified by Pluck from time to time. Existing subscribers can view their existing monthly or annual subscription package by logging in to their Pluck account and going to the Account Services page. Users will not make payments outside of the Pluck Service in connection with Platform Features.
Users agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. Users must provide Pluck with a valid credit card or Stripe account ("Payment Provider"). The Payment Provider agreement governs your use of the designated credit card or Stripe account, and you must refer to that agreement and not the terms to determine your rights and liabilities. By providing Pluck with your credit card number or Stripe account and associated payment information, you agree that Pluck is authorized to immediately invoice your Account for all fees and charges due and payable to Pluck hereunder and that no additional notice or consent is required. You agree to immediately notify Pluck of any change in your billing address or the credit card or Stripe account used for payment hereunder. Pluck reserves the right at any time to change its prices and billing methods, either immediately upon posting on the Site or by email delivery to you.
All payments will be in U.S. dollars. The Organization is responsible for the collection and/or payment of all Taxes arising from the sale or purchase or provision of any services. "Taxes" means any applicable duties, sales taxes, GST, VAT or other taxes. Any amount that is not paid when due will accrue interest at eighteen percent (18%) per annum or the maximum rate permitted by applicable law, whichever is less, from the due date until paid.
Pluck uses Stripe as its third party service provider for payment services (e.g. card acceptance, merchant settlement, and related services). By making use of some or all of these payment services on Pluck you agree to be bound by Stripe's terms and conditions (available at stripe.com/terms along with its privacy policy) and hereby consent and authorize Pluck to delegate the authorizations and share the information you provide to us with our Third Party Service Provider(s) to the extent required to provide the Payment Services to you. Stripe may also be contacted directly for payments support by email at info@stripe.com.
Automatic Renewal
Your subscription will continue indefinitely until terminated in accordance with the Terms. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such period (each, a "Renewal Commencement Date") and continue for an additional equivalent period, at Pluck's then-current price for such subscription. You agree that your Account will be subject to this automatic renewal feature unless you cancel your subscription at any time prior to the Renewal Commencement Date by logging into your account and going to the "Account Settings" page.
If you cancel your subscription, you may use your subscription until the end of your then-current subscription period. By subscribing, you authorize Pluck to charge your Payment Provider now, and again at the beginning of any subsequent subscription period. Upon renewal of your subscription, if Pluck does not receive payment from your Payment Provider, (i) you agree to pay all amounts due on your Account upon demand, and/or (ii) you agree that Pluck may either terminate or suspend your subscription and continue to attempt to charge your Payment Provider until payment is received (upon receipt of payment, your Account will be reactivated and for the purposes of automatic renewal, your subscription commitment period will begin as of the day payment was received).
Section 5: Other Important Legal Stuff
Third Party Sites & Ads
The Site might contain links to third party websites and third party advertisements (collectively, "Third Party Sites & Ads"). Pluck does not control or endorse, and is not responsible for, Third Party Sites & Ads. You use all Third Party Sites & Ads at your own risk. When you link to a Third Party Site & Ad, the applicable third party's terms and policies apply.
Termination
We reserve the right to modify, suspend or end the Service, or suspend or terminate your Account, at any time, with or without cause, and with or without notice. Upon termination of your Account, your right to access and use the Service will terminate immediately and we may delete your User Content, without any liability to you. Even after these Terms are terminated, the subsections under each of the following sections of these Terms will remain in effect: Sections 1, 3, 4, 5, and 6.
To report violations or harmful conduct by other Users, please contact us at report@plucklabs.com.
Restrictions and Ownership
The rights granted to you are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, or otherwise commercially exploit the Service; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Service; and (c) except as expressly stated herein, no part of the Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. All copyright and other proprietary notices on any Service content must be retained on all copies thereof. You agree not to: (i) use or launch any automated system, including "robots," "spiders," or "offline readers," on the Service; (ii) collect or harvest any information from the Service; (iii) use the Service for any commercial solicitation purposes; (iv) violate any applicable laws; or (v) transmit computer viruses, worms, or any software intended to damage or alter a computer system or data onto the Service. Excluding your User Content, you acknowledge that all the IPR in the Service are owned by Pluck or its licensors. The provision of the Service does not transfer to you or any third party any rights, title or interest in or to such IPR. Pluck and its licensors reserve all rights not granted in these Terms. If you provide Pluck any feedback ("Feedback"), you hereby assign to Pluck all right, title and interest in the Feedback and agree that Pluck may freely use such Feedback. You are not permitted to use any trademarks, logos, and service marks on the Service without our prior written consent or the consent of the applicable third party owner thereof.
Indemnity
You agree to defend, indemnify and hold harmless Pluck from and against any claims, suits, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) brought by third parties resulting from or relating to (a) your use of the Service, (b) your User Content, (c) your interaction with any other User, or (d) your violation of these Terms or any applicable laws.
Warranty Disclaimers, Other Disclaimers, and Release
The Service is provided "as-is" and "as available" and we (and our suppliers) expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
We make no warranties regarding the services provided by Users and each of the foregoing are provided through us "as is." Your interactions with other Users are solely between you and such User and Pluck will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any User, we are under no obligation to become involved. You hereby irrevocably and unconditionally release and forever discharge Pluck from any and all claims, demands, and rights of action, whether now known or unknown, which are or may be based on any interactions with, or act or omission of, other Users.
If you are a California resident, you hereby waive California Civil Code Section 1542 in connection with the foregoing, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
Limitation on Liability
To the fullest extent permitted by law, in no event will Pluck, its affiliates, officers, employees, agents, suppliers or licensors be liable for (a) any indirect, special, incidental, punitive, exemplary or consequential (including loss of use, data, business, or profits) damages, regardless of legal theory, whether or not Pluck has been warned of the possibility of such damages, and even if a remedy fails of its essential purpose; (b) aggregate liability for all claims relating to the services or these Terms, regardless of the form of action, more than the greater of $20 or the amounts paid by you to Pluck for the past three months of the services in question. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you and you may also have other legal rights that vary from jurisdiction to jurisdiction.
Changes to these Terms
These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any) and/or by prominently posting notice of the changes on our Site. Continued use of our Service following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
General
Certain features of the Service may be subject to additional guidelines, terms, or rules, which will be posted on the Service in connection with such features and are incorporated by reference into these Terms (in the case of a conflict these Terms shall govern). These Terms constitute the entire agreement between you and us regarding the use of the Service. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word "including" means including without limitation. If any provision of these Terms are, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired, and the invalid or unenforceable provision will be deemed modified, so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Pluck is that of an independent contractor, and neither party is an agent or partner of the other. You may not assign these Terms without Pluck's prior written consent, and any attempted assignment in violation of the foregoing will be null and void. Pluck may assign these Terms to any of its affiliates or subsidiaries, or pursuant to a transfer of all or substantially all of Pluck's business and assets, whether by merger, sale of assets, sale of stock, or otherwise. These Terms shall be binding upon assignees.
You may contact us at 1259 El Camino Real #1123, Menlo Park, CA 94025, or by email at support@plucklabs.com. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Service of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210. The Agreement is made under and shall be governed by and construed in accordance with the laws of the State of California, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.
Section 6: Arbitration Agreement
Please read this arbitration agreement carefully. It is part of your contract with Pluck and it affects your rights. It contains procedures for mandatory binding arbitration and a class action waiver.
- Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and Pluck and our employees, agents, successors, or assigns, regarding or relating to these the Site, Services or these Terms, shall exclusively be settled through binding and confidential arbitration on an individual basis under the terms of this Arbitration Agreement.
- Before either party may seek arbitration, the party must first send to the other party a written notice of dispute ("Notice") describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Pluck should be sent to: 1259 El Camino Real #1123, Menlo Park, CA 94025. After the Notice is received, you and Pluck may attempt to resolve the claim or dispute informally. If you and Pluck do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
- Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association ("AAA") or JAMS ("ADR Provider"). As modified by these Terms, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the ADR Provider's rules for commercial arbitration and, if the arbitrator deems them applicable, the procedures for consumer-related disputes ("Arbitration Rules"). Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney's fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the ADR Provider.
- The parties hereby waive their constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Pluck in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, you and Pluck waive all rights to a jury trial, instead electing that the dispute be resolved by a judge.
All claims and disputes within the scope of this Arbitration Agreement must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.
- If non-appearance arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.
- If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Pluck, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Pluck.
- Notwithstanding the foregoing, either you or we may bring an individual action in small claims court.
- Claims of infringement or misappropriation of the other party's patent, copyright, trademark, or trade secret shall not be subject to this Arbitration Agreement. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of the right to arbitrate.
- If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with these Terms, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court in San Francisco County, California.
- Notwithstanding any provision in these Terms to the contrary, if we seek to terminate the Dispute Resolution section as included in these Terms, any such termination shall not be effective until 30 days after the version of these Terms not containing the agreement to arbitrate is posted to the Site, and shall not be effective as to any claim of which you provided Pluck with written notice prior to the date of termination.
- For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website. For more information on JAMS, its Rules and Procedures, and how to file an arbitration claim, you may call JAMS at 800-352-5267 or visit the JAMS website.
- Any and all controversies, disputes, demands, counts, claims, or causes of action between you and Pluck, its employees, agents, successors, or assigns, regarding or relating to the Site, Services, or these Terms, shall exclusively be governed by the internal laws of the State of California, without regard to its choice of law rules and without regard to conflicts of laws principles except that the arbitration provision shall be governed by the Federal Arbitration Act.