This Terms of Use ( “Terms of Use”) sets forth the terms under which Plat.com (also “Plat,” “Company,” “Party,”) makes its website www.Plat.com (the “Site”), its features and brands including, but not limited to Lead Distribution, and Ad Tracker (collectively, the “Services”) available to you (“You,” “Customer,” and/or “Party”), to help You optimize and manage your business relationships, customers, potential customers, and users of your properties (collectively, your “Users”).

1. Authorized Use

Please read these Terms of Use in full before using this Site. Use of this Site constitutes acknowledgement that You have read, understand, and agree to Plat’s Terms of Use. If You do not agree with Plat’s Terms of Use, do not continue to use this Site or seek its Services. By using this Site, You represent that You are of the legal age of consent with legal capability to enter into contract with Plat under the laws of the United States, the laws of the jurisdiction in which You use the Site or the Services, or any other applicable jurisdiction. You are permitted to use the Site for your own personal, non-commercial purposes. You may not access the Services or use this Site if You are a competitor or provide the same of similar Services as the Site, except with Our prior written consent. You agree when using Our Site that You will not: use any hacking or cheating software or tools; use any robot, iframe, spider, crawler, scraper or other automated means or interface not provided by Plat to access the Site; upload any files that may damage the Site; or attempt to modify the Site or any feature(s) of the Site or Service in any way.

2. The Services

Plat provides an online platform and ad tracking software that delivers real-time reporting to allow Customers to optimize campaigns and traffic distribution.

3. License to the Services

Subject to your compliance with these Terms of Use, Plat grants Customer a non-exclusive, limited, worldwide, term-limited, non-transferrable, and revocable license to use its Services, in order to optimize and manage Customer’s business relationships with its Users and to use other related functionality provided within the properties intended for its use.

4. Registration and Plat.com Account

To use the Services, You will have to register, create an account, and provide your first name, last name, website URL(s), email address and a password for your account. At some point, Plat may request billing information to charge You for the Services You request. Please see our Privacy Policy which describes what information we collect from You, and how we collect, use and share your information. Depending on the feature of the Services You are interested in, You may have to provide additional information for Plat to use in order to provide You with the Service.

Your Plat account gives You access to the Services and functionality that we may establish and maintain from time to time and in our sole discretion. If You open an account on behalf of a company, organization, or other entity, then: (i) “You” includes You and that entity; and (ii) You represent and warrant that You are an authorized representative of the entity with the authority to bind the entity to this Agreement, and (iii) You agree to this Agreement on the entity’s behalf.

When You create your Plat Account, you must provide accurate and complete information that is up-to-date and must keep this information up to date. You are liable for any inaccurate, false, or incorrectly provided information and data. You are solely responsible for the activity that occurs on your Account. You are encouraged to use “strong” passwords (passwords that use a combination of upper- and lowercase letters, numbers and symbols) on your Plat Account. You may not use another Customer’s Plat Account without permission. You must notify Plat immediately of any breach of security or unauthorized use of your Account. You agree and understand that Plat is not liable for any losses caused by any unauthorized use of your Account.

You may control your Customer profile in your Account and how you interact with Plat by changing the settings located on your Settings page. By providing Plat with your email address, You consent to receive Plat-related notices to the email address you’ve provided, including any notices required by law, in lieu of communication by postal mail. By using this Site, You give your consent for Plat to use your email address to send You other messages, such as changes to Plat features and other special offers. You may opt-out by clicking on the unsubscribe link on the bottom of our emails. Doing so may prevent You from receiving email messages regarding Plat updates, improvements, or offers.

5. Accessing the Plat System

By using the Site, You allow Plat to retrieve data from your system(s) or third-party systems or services on your behalf. You represent and warrant that You have the authority, permission and right to allow Plat to automatically access such system(s) and service(s). You grant Plat permission to access such system(s) and services and to retrieve and use data on your Users (“User Data” as defined in 6.1 below). Plat disclaims all liability associated with accessing and retrieving data on your Users from such system(s) and services on your behalf. In order to connect Plat with any third-party service, You hereby designate Plat as your service provider in connection with such service and further authorize Plat to: (a) store User Data relating to the Services; (b) use User Data that You provide to Plat to provide the Services; (c) use any materials You provide to Plat in order to provide You with the Services; (d) gather and export User Data reasonably necessary for Plat to provide the Services to You; and (e) otherwise take any action which may be reasonably necessary for Plat to provide the Services to You. You agree that Plat is entitled to rely on the foregoing authorization and agency granted by You. If at any time You do not have the right and authority to allow Plat automatic access to your system(s), then You hereby agree to immediately disable such functionality within your Plat Account.

6. User Data and Customer Data

6.1 User Data Defined

As part of Plat, You may submit, store and access and we may collect from You certain personal data, business data and other information related to your current and potential customers and Users. User Data may include data of Customer’s end Users as is provided by end Users to Customer.

6.2 Use of User Data

By submitting User Data to Plat, You represent and warrant that You have all rights, interest, and title necessary to grant all rights and licenses to the User Data required for Plat, its subcontractors and service providers, where applicable, to provide Plat Services. Plat has no right to sublicense or resell User Data. You agree that Plat may collect, analyze, and use data derived from User Data and/or information collected from or about an individual, but which does not identify the individual personally for purposes of operating, analyzing, improving, or marketing Plat and any related services. If Plat shares or publicly discloses information (e.g., in marketing materials, or in application development) that is derived from User Data, such data will be aggregated or anonymized such that a specific individual is not identifiable. You further agree that Plat will have the right, both during and after the term of this Agreement, to use, store, transmit, distribute, modify, copy, display, sublicense, and create derivative works of the anonymized, aggregated data. You may request that Plat delete User Data at any time. You also agree that Plat will have no obligation to delete information or data which is de-identified and does not reasonably identify any individual or You. Without limiting the foregoing, neither Party shall use the User Data for any of the following purposes: (a) employment eligibility, (b) credit eligibility, or (c) health card eligibility, or (d) insurance eligibility, underwriting, or pricing.

6.3 Your Responsibilities for User Data

In connection with User Data, Customer hereby represents, warrants, and agrees that: (a) Customer has obtained the User Data lawfully and with each individual consumer’s proper consent; (b) the User Data does not and will not violate any applicable laws or any person or entity’s proprietary or intellectual property rights; (c) the User Data is free of all viruses, Trojan horses, and other elements that could interrupt or harm the systems or software used by Plat.com to provide Plat.com Services; (d) all User Data has and will be collected by You in accordance with a privacy policy that expressly permits Plat to collect, share, use, and disclose such User Data as contemplated under these Terms, and if required by applicable law, pursuant to consents obtained by You to do each of the foregoing; (e) Customer is solely responsible for ensuring compliance with all privacy laws in all jurisdictions that may apply to User Data provided hereunder; (f) Plat may exercise the rights in User Data granted hereunder without liability or cost to any third party; and (g) the User Data complies with the terms of these Terms of Use. You acknowledge and agree that Plat takes no responsibility and assumes no liability for any User Data, and that You will be solely responsible for User Data, for having collected and stored User Data, and the consequences of sharing it with Plat hereunder. You may not submit, or cause to be submitted, any User Data which may be subject to specific data privacy and security laws including, but not limited to, the Gramm-Leach-Bliley Act (GLBA), Children’s Online Privacy Protection Act (COPPA) or the Health Insurance Portability and Accountability Act (HIPAA), or which could give rise to notification obligations under data breach notification laws, without our prior written approval.

6.4 Security Incidents

If User Data is disclosed to or accessed by an unauthorized party, Plat will notify You and use reasonable efforts to assist with your investigation of the incident. If such incident triggers any third-party notice requirements, You shall be solely responsible for the timing, content, cost and method of any such notice and compliance with applicable laws. Plat will not be responsible for providing any third-party notice requirements. You bear sole responsibility for adequate security, protection, and backup of User Data when in your or your representatives’ or agents’ possession or control. Plat does not take responsibility for adequate security, protection, and backup of User Data when in your or your representatives’ or agents’ possession or control. Plat is not responsible, and Customer is fully responsible for what your authorized customers do with User Data.

6.5 No Responsibility for Backups

Plat will not be responsible for any backup, recovery or other steps required to ensure that User Data is recoverable in the case of data loss. You are solely responsible for backing up your User Data on a regular basis, and for taking appropriate steps to safeguard and ensure the integrity of your User Data.

6.6 Rights to User Data

Customer owns all right, title and interest in and to User Data. You provide Plat with a non-exclusive license to access, use, and store User Data in order to provide Services to you, at your request.

6.7 Customer Data

Customer acknowledges and agrees that the Site and the Services allow Plat to collect information from Customers (“Customer Information”), which may help Plat to target and personalize the notifications it sends to Customers. This data collected may include, but is not limited to: Customer email address; Customer Internet Protocol (IP) address used to access the Site; device push token; precise location data (i.e. GPS-level); network information; Internet Service Provider; type of operating system; browser type; language; time zone in which You are located; the times You accessed the Site; the pages on the Site You visited; information about the computer or mobile device You use to access the Site; and product preferences. Plat and Customer (collectively “Parties”) shall jointly own the Customer Information, and each Party shall be entitled (without further compensation to the other) to use, share, market, license, sell, store, and otherwise exploit the Customer Information to the maximum extent permitted by law, which shall include using the Customer Information for cross-app, cross-device, and other interest-based advertising, analytics and market research.

7. Privacy Compliance

The Parties agree to comply with all applicable privacy laws, and each respective Party shall at all times fulfill the following obligations: a) each Party shall at all times have a Privacy Policy on its website(s) which describes how it collects, uses, stores, and shares customer information, and provides information on how customers may opt-out of receiving further communication from the website; and b) each Party shall at all times comply with its published Privacy Policy. Customer acknowledges and agrees that Customer is responsible for obtaining all applicable consents from its Users that are required to enable Plat to collect information from User and from Customer. Customer represents and warrants that it has the authority to share, transfer, provide, store, and use User Data and is rightfully able to share, transfer, and provide User Data to Plat.com. Customer shall publish Privacy Policy and disclosures for Customer’s properties that comply with applicable law and these Terms of Use.

8. Payment, Fees, and Billing

8.1 Financial Transaction

You may have a Plat account without paying to participate in certain features of the Site or the Services. When You sign up for a Plat account, Plat may charge subscription or other fees to access certain other Services. You agree to provide Plat with a valid and current form of payment (“Payment Method”) with accurate and current billing details to be processed on Your account for any paid Plat services. You acknowledge and agree that Plat is authorized, but not required, to act on payment instructions received from You or anyone using Your account. Where You register for a Service that requires payment, You authorize Plat to: a) initiate debits or charges against your financial account or credit or debit card periodically for the amount then due for purchases made; and b) initiate any other debits or charges authorized by You or anyone using Your account. All payments must be made in U.S. Dollars from a U.S. bank or via alternative payment methods made available by Plat. You acknowledge that transactions may be facilitated by a third-party payment processor (the “Processor”), and agree that Plat may share your information, including information about your financial accounts, with the Processor for this purpose. To ensure security of the payment, the Processor may demand Strong Customer Authentication (SCA). This means that the Processor may perform multi-factor authentication. You may be required to provide additional information to the Processor. The process and method of multi-factor authentication may be different in each case and will depend on the policy of the Processor. You acknowledge that Plat is not responsible for the information collection, usage and disclosure practices of any Processor. We encourage You to read and review the privacy policies on their websites as well as Plat’s Privacy Policy.

8.2 Fees

Depending on the type of service you obtain from Plat, Plat.com may charge you fees (“Fees”) for your use of the Plat site and Services. You agree to pay all Fees based on the type of service You obtain from Plat. Plat may from time to time add additional services for additional fees, and may add or amend existing fees and charges for features and/or services in existence at the time You registered for a Plat Account. Any change(s) to our pricing and payment terms shall become effective in the billing cycle following notice of such change to You as provided in this Agreement. You agree to pay all applicable sales, use, transfer, and other taxes. In the event there is value added tax that Plat is obliged to pay according to applicable law, You shall reimburse Plat for the amount of such taxes or duties paid. Plat reserves the right to revise its fees and pricing structure at any time in its sole discretion without prior notice to You. In the event that You do not agree with such fee revision, You shall have the right to terminate this Terms of Use upon thirty (30) days written notice.

8.3 Billing

Plat bills Customers on a monthly basis (“Billing Cycle”) based on the Plat Service it utilizes, the size of its operations, and the number of Users and/or User Data it processes monthly. Customers will be automatically charged to the credit card or debit card provided. We accept Discover, American Express, Visa, and MasterCard. If a recurring monthly charge is declined, Plat will suspend the Customer’s Account, after providing the Customer with (7) days to provide payment. For recurring fees, no refund or adjustment for plan downgrades, upgrades or elimination of plan features within the current billing term shall be issued. Invoices/payments are irrevocably deemed final and accepted by You unless disputed or sought clarification within thirty (30) days from the date of issue. You will at all times provide and keep current and up‐to‐date your contact, credit card, if applicable, and billing information in your account.

You may enroll in multiple Subscription Services at once. The total amount You are charged each Billing Cycle will account for any and all fees and services You are enrolled for during that cycle. To provide uninterrupted service, each monthly Billing Cycle will renew automatically and will charge You with the payment method on Your account. You are required to provide written notice no less than thirty (30) days prior to the end of the current subscription plan if You wish to have your renewal subscription service cancelled. The subscription fee is non-refundable. While using Plat’s services, you are not entitled to a refund of any expenses or costs incurred due to the use of services provided by Plat. This includes the subscription fee if You end the subscription earlier than on the end of the billing period of the chosen subscription plan.

9. Intellectual Property Rights

Your use of the Site or any of the Services does not confer any title, ownership, or interest in the Site, the Services, any information, and content that You access on or through the Site or the Services, or any intellectual property rights and proprietary rights to any of them (including without limitation any rights based in trademark, copyright, patent or trade secret law). The content of the Site and the Services are protected by applicable copyright laws in the United States and other countries. Use of the Site and Services confers no intellectual property rights on You. All logos, trademarks (whether registered or unregistered), and service marks (referred to collectively as “Trademarks”), whether registered or unregistered, that are displayed on the Site are Trademarks of the Company. Nothing contained on the Site or the Services should be understood as granting You a license to use any of the trademarks, service marks, or logos owned by Plat. Plat may use the name and logo of Customer to designate Customer as a client for marketing purposes (e.g. on its website or email marketing materials). Plat fully reserves its right to enforce its rights of the law in the event of any violation of these Terms of Use. The Site and the Services may contain certain licensed information and content, and Plat and its licensors may protect their rights in the event of any violation of these Terms of Use.

10. Restrictions on Use of the Services

Customer agrees that its use to the Services is subject to the following conditions:

11. Confidentiality

You agree not to disclose to anyone any proprietary or confidential information with relation to Your access to the Plat Service. This includes, without limitation, personal data, personal identifiable information (PII), business plans and strategies, business models, customer or client lists and data, operation practices, principles of operations of Plat, trade secrets, programming code, design formulas, computer programs, inventions, discoveries, new ideas in the making, and improvements (“Confidential Information”). Without limitation, You shall not sell, transfer, publish, disclose, display, or make available Confidential Information to others. You agree to safeguard, preserve, and secure Confidential Information consistent with Plat’s rights. You agree to make every effort to assist Plat in pointing out and preventing any unauthorized access, copying, infringing, use, or disclosure of Confidential Information. If the common courts, administrative courts, or public authorities demand you to disclose Confidential Information by the provisions of applicable law, it is not a breach of these Terms of Use. You agree to keep Confidential Information classified and nonpublic during the term of the Agreement and for at least twenty (20) years after Your termination with Plat and its Services. Plat may terminate Your access to its Services and the Agreement if Plat finds that You have breached any of its confidentiality obligations.

12. Term/Termination

This Terms of Use shall commence as of the effective date and shall remain in effect until terminated as provided herein. Either Party may terminate this Terms of Use for any reason or no reason at any time upon thirty (30) days prior written notice of termination to the other Party. Notwithstanding the foregoing, Plat may terminate this Terms of Use immediately upon written notice to Customer in the event Plat believes Customer has breached this Terms of Use. Upon termination of this Terms of Use, the license granted to the Services pursuant to these Terms, shall immediately terminate and Customer shall no longer have any right to use the Site and/or Services. Upon termination of this Terms of Use by Customer, Customer may access the Site until the end of the Customer’s billing cycle, at which point, Plat will deactivate the Customer’s Account.

Any notice or statement regarding the Terms of Use may be communicated by email to: support@plat.com. The notice is considered effective upon delivery of the respective party as indicated herein or on Your account.

13. Disclaimer of Warranties

ALL INFORMATION, CONTENT, PRODUCTS, AND SERVICES FOUND ON THIS SITE ARE OFFERED “AS IS” AND YOU ACCESS THEM AT YOUR OWN RISK. PLAT DISCLAIMS ANY WARRANTY, EITHER IMPLIED OR DIRECTLY STATED REGARDING THIS SITE INCLUDING, BUT NOT LIMITED TO INFORMATION, CONTENT, PRODUCTS, AND SERVICES. PLAT PROVIDES NO WARRANTY CONCERNING THE RESULTS AND EFFECTIVENESS OF THIS SITE OR ITS INFORMATION, CONTENT, PRODUCTS, AND SERVICES. USE OF THIS SITE IS AT YOUR OWN RISK. PLAT DOES NOT GUARANTEE, WARRANT, OR REPRESENT, THAT ALL SERVICES WILL MEET YOUR REQUIREMENTS. PLAT.COM MAKES NO GUARANTEES THAT SERVICES WILL BE TIMELY, UNINTERRUPTED, SECURE, OR ERROR-FREE. NO GUARANTEES ARE MADE REGARDING FUNCTIONALITY OR DEFECTS IN THE OPERATION OF SERVICES OR RELATED SOFTWARE OR THAT ERRORS WILL BE CORRECTED. PLAT ALSO DOES NOT GUARANTEE, WARRANT, OR REPRESENT, THAT THIRD PARTY SERVICES WILL MEET YOUR REQUIREMENTS. 

14. Limitation of Liabilities

PLAT WILL NOT BE HELD LIABLE OR RESPONSIBLE FOR DIRECT, INDIRECT, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR SPECIAL DAMAGE RESULTING FROM YOUR USE OF AND/ OR ACCESS TO PLAT’S SITE OR SERVICES. THIS INCLUDES WITHOUT LIMITATION LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS INFORAMTION, LOSS OF ANY DATA, PECUNIARY LOSSES, DAMAGES FOR TORT/DELCTS, AND BUSINESS INTERUPTION. WHEN USING PLAT’S SERVICES, YOU AGREE THAT THE PLATFORM IS PROVIDED “AS IS”, WITH ALL FAULTS AND ANY USE BY YOU WILL BE AT YOUR RISK. THE FULL AND TOTAL LIABILITY, AS PERMITTED BY LAW, OF PLAT FOR CLAIMS RESULTING FROM YOUR USE AND/ OR ACCESS TO ITS SITE OR SERVICES – WHETHER IN WARRANTY, CONTRACT, STRICT LIABILITY, TORT, OR OTHERWISE – IS LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, TO USE AND/ OR ACCESS THE SITE AND/OR ITS SERVICES. PLAT AND ITS AFFILIATES WILL NOT BE HELD RESPONSIBLE FOR ANY CONTENT PROVIDED BY THIRD PARTIES (INCLUDING CUSTOMERS).

Following third-party links found on this Site is done at your own risk. Inclusion of third-party links on this Site does not constitute Plat’s recommendation for or endorsement of such third-party products and services. Such links are intended for convenience and reference. Plat is not responsible for content, information, software, or any other materials made available on third party sites. Dealing with third parties which result from use of this Site are done at your own risk. Any transactions conducted between You and any third parties are not the responsibility of Plat. These transactions may include, but are not limited to, products, services, payment, conditions, warranties, or any terms and conditions. Plat will not be held responsible for your dealing with these third parties, even where such third parties may have been discovered by You through a link on Plat’s Site.

16. Disputes and Resolution

Any dispute originating from or related to your use of and/or access to the Site and Services in which you deem Plat to have liability (“Disputes”) is governed by the state of California. All Disputes between You and Plat will be resolved through arbitration. As a result, You waive your right to assert or defend your rights or go to court. You also forego the right to be part of or originate a class action suit. Your applicable rights will be decided by neutral arbitrators, not by a court of law, judge, or jury. Disputes will be settled exclusively and finally by arbitration according to the effective commercial arbitration rules of the American Arbitration Association at the time of the dispute in Los Angeles. The arbitrator shall have the power and authority to award damages connected with a Dispute which may not exceed actual compensatory damages and shall not multiply actual damages or award consequential, exemplary, or punitive damages. In addition, each Party irrevocably waives any claim thereto. Any award shall be conclusive and final. By using Plat’s Site and Services, You agree to these restrictions and conditions. If the arbitration provisions contained herein become unenforceable or inapplicable, or in the event of any lawsuit between You and Plat or its Site, You agree fully that jurisdiction of this and any suit shall rest exclusively in the federal and state courts in California. You also fully agree that any actions or claim related to use of this Site or Services must be filed within one (1) year after the said action, cause, or claim, or be forever barred.

17. Indemnification

Use of this Site and the Services constitutes an agreement to hold Plat blameless against any and all liability, expenses, loss, damages, actions, suits, claims, and proceedings, including, without limitation, reasonable attorneys’ fees and relevant costs, arising from or related to any cause of action, allegation, claim or involving, without limitation, your unauthorized or unlawful use of this Site and/or its Services, your gathering of User Data, and your sharing of User Data with Plat.

18. Governing Law

This Terms of Use shall be governed by the laws of the State of California without regard to choice of law principles.

19. Entire Agreement

The entire agreement between Plat and You are contained in this Terms of Use.

These Terms of Use constitute the final and complete statement of the Terms of Use of Plat between the parties and supersedes all prior and contemporaneous understandings or agreements of the parties with the exception as may be set forth in a written agreement signed by You and Plat. Each party acknowledges and agrees to have read and understood all the terms and conditions of these Terms of Use. Each party acknowledges that it has had the opportunity to seek advice and guidance of independent legal counsel.

20. Modification

Plat reserves the right to modify its Terms of Use, Billing Plans, and to add additional terms at any time with no additional notice provided to You. Please refer to these Terms of Use from time to time. All modifications and additions are effective immediately. Modified versions of the new billing plans shall be effective upon providing You with a notice of at least seven (7) days. Changes to the billing plans take into effect at the beginning of the next billing cycle, if applicable. If You disagree with any modified or additional terms and conditions, You are not obligated to use the Site or its Services.

21. Non-Waiver; Severability

Any failure on behalf of Plat to enforce these Terms of Use does not constitute Plat’s waiver of right to continue to enforce these Terms of Use. If any of the provisions within the Terms of Use are deemed to be illegal, invalid, or unenforceable, such terms and conditions will be nullified, and the remaining provisions will remain in full effect.