Introduction
These Terms of Service ("Terms") govern your access to and use of PlugIQ (the "Platform"), operated by Descasio Technology ("Descasio," "we," "us," or "our"). By accessing or using the Platform, you agree to these Terms. If you do not agree to these Terms, you may not access or use the Platform.
1. Definitions
2. Eligibility
By using the Platform, you represent and warrant that you are at least 18 years of age, that you have the legal authority to bind the Organization you represent to these Terms, and that your use of the Platform does not violate any applicable law or regulation.
3. Account Registration
To access the Platform, you must register for an account. You agree to provide accurate, complete, and current information during registration; maintain the security of your login credentials and not share them with unauthorized individuals; notify us immediately at team@plugiq.io if you become aware of any unauthorized access to your account; and accept responsibility for all activity that occurs under your account.
4. Acceptable Use
You agree not to use the Platform to violate any applicable local, national, or international law or regulation; upload, transmit, or distribute content that is unlawful, harmful, defamatory, or infringes any third-party rights; attempt to gain unauthorized access to any part of the Platform or its infrastructure; introduce viruses, malware, or any other harmful code into the Platform; interfere with or disrupt the integrity or performance of the Platform or its data; use automated scripts or bots to access the Platform in a manner not expressly permitted; or reverse-engineer, decompile, or attempt to derive the source code of the Platform.
5. Subscriptions and Payment
Fees: Access to certain features of the Platform requires a valid paid subscription. All fees are stated in your order and are exclusive of applicable taxes, which are your responsibility.
Payment: Subscription fees are due in advance of each billing period. Failure to pay fees when due may result in suspension of access to the Platform until the outstanding balance is settled.
Refunds: All fees are non-refundable except where required by applicable law or expressly stated in a separate written agreement between you and Descasio.
Changes to Fees: We may modify subscription fees at any time. We will provide at least 30 days' written notice before any fee change takes effect. Continued use of the Platform after the effective date constitutes your acceptance of the new fees.
6. Your Data
You retain full ownership of all Data you submit to the Platform. By using the Platform, you grant Descasio a limited, non-exclusive, worldwide license to process, store, and transmit your Data solely for the purpose of operating and providing the Platform to you. You are responsible for the accuracy, legality, and appropriateness of all Data you submit, and you represent that you have all necessary rights to submit such Data.
7. Intellectual Property
The Platform, including all software, design, features, and documentation, is owned by Descasio Technology and is protected by applicable intellectual property laws. These Terms do not transfer any intellectual property rights to you.
8. Availability
We target 99.9% uptime for the Platform and will use commercially reasonable efforts to maintain this level of availability. However, we do not guarantee uninterrupted access. The Platform may be temporarily unavailable due to scheduled maintenance, emergency maintenance, or factors outside our reasonable control. We will not be liable for any loss or damage caused by interruptions to the Platform that arise from circumstances beyond our reasonable control.
9. Warranties and Disclaimers
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, DESCASIO DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that the Platform will be error-free, that defects will be corrected, or that the Platform is free of viruses or other harmful components.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, DESCASIO'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO DESCASIO IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE CLAIM. IN NO EVENT SHALL DESCASIO BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION, EVEN IF DESCASIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. Indemnification
You agree to indemnify, defend, and hold harmless Descasio Technology and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from your use of or access to the Platform, your violation of these Terms, your violation of any applicable law or the rights of any third party, or any Data you submit to the Platform.
12. Termination
You may cancel your account at any time via your account settings or by contacting us at team@plugiq.io. Descasio may suspend or terminate your access to the Platform immediately and without notice if you breach these Terms, fail to pay fees, or engage in conduct that Descasio determines to be harmful to the Platform or other users. Upon termination, your right to access the Platform will cease immediately. No refund will be issued for any unused portion of a prepaid subscription term upon termination for breach.
13. Dispute Resolution
In the event of any dispute arising out of or in connection with these Terms or your use of the Platform, the parties agree to attempt to resolve the dispute through good-faith negotiation within 30 days of written notice. If the dispute cannot be resolved through negotiation, it shall be referred to and finally resolved by arbitration in Lagos, Nigeria, under the Arbitration and Mediation Act 2023. Arbitration proceedings shall be conducted in English.
14. Governing Law
These Terms are governed by and construed in accordance with the laws of the Federal Republic of Nigeria, without regard to its conflict of law provisions.
15. General
Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Descasio regarding the Platform and supersede all prior agreements.
Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
Waiver: Failure by Descasio to enforce any provision of these Terms does not constitute a waiver of the right to enforce it in the future.
Assignment: You may not assign your rights or obligations under these Terms without our prior written consent. Descasio may assign these Terms without restriction.
Notices: Legal notices to Descasio must be sent to team@plugiq.io and to the registered address on file.