Plat provides an online platform and ad tracking software that delivers real-time reporting to allow Customers to optimize campaigns and traffic distribution.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Customer agrees that its use to the Services is subject to the following conditions:
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.
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.
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.
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.