Terms and Conditions of Subscription
Last Updated: August 14, 2023
TheseTerms and Conditions of Subscription (the “Terms”) constitute a binding legal agreement between Plot Communications, Inc., a Delaware corporation (“PLOT”),and the person, company or other legal entity accepting these Terms on behalf of itself and any entity or person that directly or indirectly controls, is controlled by, or is under common control with it (an “Affiliate”) (such person, company or entity and its Affiliates, collectively, the “Customer”). PLOT and Customer may be referred to individually as a “Party” and collectively as the “Parties.”
These Terms are the only terms that governCustomer’s access to and use of PLOT’s Platform and Documentation (all as defined below and collectively, the “Solution”).
The accompanying project proposal, quotation, subscription order, order confirmation or invoice (the “Order”)and these Terms, including the documents incorporated herein by reference (collectively, this “Agreement”), comprise the entire agreement between PLOT and Customer with respect to the Solution and supersede and replace any and all prior or contemporaneous understandings, agreements, negotiations, representations, warranties, and communications of the Parties, both written and oral. TheseTerms prevail over any additional or different terms or conditions set forth in any of Customer’s general terms and conditions of purchase regardless of whether or when Customer has submitted its purchase order, request for proposal, or such terms. Any such additional or different terms are expressly rejected by PLOT and shall have no force or effect. Providing the Solution in fulfillment of Customer’s order does not constitute acceptance of any of Customer’s terms and conditions nor does it serve to modify or amend these Terms. Notwithstanding the foregoing, if both Parties execute a written agreement covering Customer’s access and use of the Solution, the terms and conditions of such agreement shall prevail to the extent they are inconsistent with these Terms.
PLOT maintains other terms and policies that supplement these Terms including the Privacy Policy, which describes PLOT’s collection and use of personal data, the Website Terms ofService, which govern the use of the Website, the End User LicenseAgreement, which governs the use of the PLOT Platform by Customer Users (as defined herein), and such other policies as PLOT may make available from time to time by posting on the PLOTPlatform and the Website (collectively, the “Policies”).
THIS AGREEMENT SHALL BE BINDING ON the PARTIES ON theFIRST TO OCCUR OF: (1) THE CUSTOMER Executing a SUBSCRIPTION ORDER THAT REFERENCES THESE TERMS; OR (2) the CUSTOMER accessing THE Solution.
1. DESCRIPTION OF THE SOLUTION
1.1. Generally. PLOT shall make the Solution available to Customer pursuant to the terms and conditions of this Agreement. PLOT provides a communications platform, which facilitates team-collaboration on projects and at jobsites across devices (the “PLOT Platform”). The Solution is subject to certain user limits that are set forth in the Order and determine the Solution pricing.
1.2. Changes. PLOT may choose to modify or discontinue features of theSolution as offerings are updated and more features are added. PLOT may stop, suspend, or modify features available through the Solution at any time without prior notice to Customer, provided that PLOT shall not materially decrease the functionality of the Solution during a Subscription Period (as defined in Section 10.2 below).
2. USE OF THE SOLUTION
2.1. Registration. Customer agrees to provide true, accurate, current, and complete information as prompted by PLOT’s registration process, and to maintain and promptly update such information to keep it true, accurate, current, and complete.
2.2. Right to Use the PLOT Platform. Subject toCustomer’s compliance with this Agreement, PLOT grants to Customer a limited, personal, non-assignable, non-transferable, non-sublicensable, non-exclusive right to access and use the PLOT Platform and any printed or online written guides and documentation made available by PLOT to Customer in conjunction with the PLOT Platform (the “Documentation”) during theSubscription Period. Customer may allow its employees and contractors (each a “CustomerUser”)to access the Solution in compliance with the terms of this Agreement, provided that (i) Customer has paid all applicable Fees for such access to PLOT, and(ii) the access to and use of the Solution must be for the sole benefit ofCustomer. Customer shall be responsible and liable for the compliance of its Customer Users with this Agreement. Any act or omission by any Affiliate orCustomer User that would constitute a breach of the Agreement if such Affiliate or Customer User were a party to the Agreement shall be deemed a breach of theAgreement by Customer.
2.3. Customer’s Responsibilities in Using the Solution. Customer shall (i)use the Solution only in accordance with this Agreement, the Policies and any laws, regulations, rules, ordinances, and government orders(“Laws”)applicable to the use of or access to the Solution; and (ii)prevent unauthorized access to or use of Solution and notify PLOT promptly of any such unauthorized access or use. Customer is responsible for any activity originating from Customer’s account, regardless of whether such activity is authorized by Customer.
2.4. Restrictions. Customer’s use of the Solution and the rights granted to Customer in this Agreement are subject to compliance with the restrictions set forth in this subsection. Customer shall not, and it shall not permit, assist, authorize, or encourage any third party to:
(i) sell, resell, license, sublicense, distribute, copy, reproduce, rent, or lease the Solution, or include the Solution in a service bureau or outsourcing offering, or otherwise make the Solution available to, or use the Solution for the benefit of, anyone other than Customer or CustomerUsers;
(ii) access any Solution for purposes of monitoring availability, performance, or functionality, to build a competitive product or service, or for any other benchmarking or competitive purposes;
(iii) use any Solution to store or transmit (i) infringing, libelous, or otherwise unlawful or tortious material, (ii) material in violation of third-party privacy rights, or (iii) code, files, scripts, agents, or programs intended
(iv) to do harm, including without limitation viruses, worms, time bombs, trojan horses, malware, vulnerabilities, advanced persistent threats, exploits, code injections, and targeted attacks;
(v) disrupt, disable, or interfere with the integrity or performance of any Solution or third-party data contained therein;
(vi) permit direct or indirect access to or use of the Solution in a way that circumvents any usage limit or attempt to gain unauthorized access to the Solution or its related systems or networks;
(vii) modify, translate, adapt, merge, or make derivative works of the Solution, or frame or mirror any part of the Solution;
(viii) reverse engineer, decompile, disassemble, or otherwise reduce to human perceivable form any software made available or used in the provision of the Solution, except and only to the extent that such activity is expressly permitted by applicable Law notwithstanding this limitation;
(ix) remove or alter PLOT’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within the Solution;
(x) access or use any manual or automated software devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools, or the like) to “scrape” or download data from the Solution;
(xi) impersonate or misrepresent its affiliation with any person or entity including, but not limited to, claiming a project on the PLOTPlatform that Customer does not have a relationship with; and
(xii) use the Solution in a way that violates any Laws or restrictions set forth in the Documentation.
2.5. Open Source. The Solution may include programs or code that are licensed under an open source software (“OSS”) license model. OSS programs and code are licensed under and are subject to the terms and conditions of the applicableOSS license, and are specifically excluded from all license grants, warranty and support obligations set forth in this Agreement. Nothing in this Agreement limits Customer’s rights under, or grants rights that supersede, the terms and conditions of any applicable end user license for the OSS.
2.6. Support Services. PLOT will be available to perform support services for Customer during normal business hours Monday through Friday, excluding holidays. PLOT will respond to Customer’s support requests within a reasonable timeframe and no later than the next business day following PLOT’s receipt of the request.
3. PROPRIETARY RIGHTS
3.1. CustomerData. Customer acknowledges and agrees that any and all data, files, content, and other information that is submitted by Customer or any Customer User to a project workspace (“Project Hub”) or a team workspace (“Team Hub”)(collectively, the “Shared Customer Data”)is owned by the administrator or collectively by the team members of suchProject Hub or Team Hub. Any SharedCustomer Data provided by Customer prior to leaving a Project Hub or Team Hub will remain viewable to the other team members. Excluding Shared Customer Data, Customer is the sole owner of any data, files, content, and other information that is submitted by Customer or anyCustomer User to PLOT directly (together with Shared Customer Data, “Customer Data”). Customer Data shall include without limitation all Customer PII (as defined in Section 4.2 below) and all intellectual property rights therein. Customer grants PLOT and its service providers a non-exclusive, worldwide license to use, copy, display, and distribute the Customer Data as necessary to improve and provide the Solution, to provide support services, and to comply with legal and regulatory requirements .
3.2. Suggestions. Customer grants to PLOTa worldwide, perpetual, irrevocable, royalty-free, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner any suggestion, enhancement request, recommendation, correction, or other feedback provided byCustomer or its users relating to the Solution.
3.3. AggregatedData. PLOT reserves the rights to: (i) collect information about use of the Solution byCustomer and the Customer Users, (ii) analyze the Customer Data, and (iii)aggregate such information and analysis (the “Aggregated Data”). Aggregated Data shall: (1) be anonymized in a manner that ensures that such information or analysis is not attributable to Customer or any CustomerUser; and (2) not contain any Customer Data. Customer acknowledges and agrees that the Aggregated Data does not constitute Customer’s Confidential Information (as defined in Section 6.1below) and may be shared by PLOT with third parties for any business purpose.
3.4. Reservation of Rights. As between Customer and PLOT, PLOT is the sole owner of the Solution (including all software, workflow processes, user interfaces, designs, know-how, and other technologies made available as part of the Solution but excluding any CustomerData stored in the Solution), the Aggregated Data, and all intellectual property rights in or to any of the foregoing. Subject to the limited rights expressly granted hereunder, PLOT and its licensors reserve all right, title and interest in and to the Solution and the AggregatedData. No rights are granted to Customer hereunder other than as expressly set forth herein.
4. CUSTOMER DATA AND PRIVACY
4.1. Protection of Customer Data. PLOT shall maintain appropriate and reasonable organizational, technical, and physical safeguards designed to protect the security, availability, and confidentiality of Customer Data. PLOT shall only process Customer Data to provide the Solution, to prevent or address service or technical problems, to investigate and help prevent security issues and abuse, as required by applicable Law, or as otherwise expressly permitted in thisAgreement.
4.2. Customer’sResponsibilities for Customer Data. Customer represents and warrants that (i) Customer has the necessary rights and licenses required to provide its Customer Data to PLOT, (ii) Customer has obtained, from each data subject, appropriate and informed prior consent to the processing of their personal data by PLOT for purposes of providing the Solution, and (iii)Customer’s provision of Customer Data to PLOT does not violate any intellectual property or privacy rights of third parties, confidential relationships, contractual obligations, or Laws. Customer shall be responsible for the accuracy, quality, and legality ofCustomer’s Customer Data and the means by which Customer acquires its CustomerData, including any personally identifying information of any Customer User (“Customer PII”). Without limiting the generality of the foregoing, Customer shall provide all notices to, and obtain any consents from, any data subject as required by any applicable Law in connection with the transfer and processing of any personally identifiable information of such data subjects via the Solution by PLOT and/or by Customer. Customer shall be solely responsible for ensuring that any processing of Customer Data by PLOT and/or by Customer via the Solution does not violate any applicable Laws. Furthermore, the Parties agree that the use and handling of any Customer PII submitted to PLOT directly by any data subjects shall comply with the terms of the Privacy Policy.
5. FEES AND PAYMENT
5.1. Fees and Payment. Customer shall pay all fees specified in the Order (the “Fees”). Except as otherwise specified in an Project Proposal or Invoice: (i) Fees are based on the number of active users purchased, and (ii) Fees paid are non-refundable.
5.2. Suspension of Access. If any amount owing by Customer to PLOT is thirty (30) or more days overdue, PLOT may, upon at least ten (10) days’ prior notice and without limiting any other rights and remedies, suspend Customer’s access to and use of the Solution until such amounts are paid in full.
5.3. Taxes. All amounts payable by Customer do not include any levies, duties, similar governmental assessments of any nature, value-added, use, withholding, or other taxes assessable by any jurisdiction whatsoever (collectively, “Taxes”). Customer is responsible for paying all Taxes, and any related penalties and interest, associated with the Fees and use of theSolution. Customer shall make all payments to PLOT free and clear of, and without reduction for, any Taxes. If PLOT has the legal obligation to pay or collect Taxes for which Customer is responsible under this Section, PLOT will invoice Customer and Customer shall pay such amounts unless Customer providesPLOT with a valid tax exemption certificate authorized by the appropriate taxing authority. If applicable, sales tax shall be a separate line item on invoices issued to Customer. Customer shall indemnify and hold PLOT harmless from any claims, losses, costs(including reasonable attorneys’ fees), damages or liabilities arising out of or relating to Customer’s failure to pay any Taxes or sales tax as set forth in this Section. PLOT is solely responsible for taxes on PLOT’s income, property, and employees.
6. CONFIDENTIALITY
6.1. Definition. “ConfidentialInformation” means all non-public information disclosed by a party (“Disclosing Party”) to the other party(“Receiving Party”), whether orally, in writing, or by inspection of parts and equipment, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of its disclosure. Notwithstanding the foregoing, Confidential Information does not include any information that (i)is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (iii) is received from a third party without breach of any obligation owed to the Disclosing Party, or (iv) was independently developed by the Receiving Party without use of or reference to the DisclosingParty’s Confidential Information.
6.2. Protection of Confidential Information. The Receiving Party shall (i) not use any ConfidentialInformation of the Disclosing Party for any purpose outside the scope of thisAgreement, (ii) not disclose any Confidential Information of the DisclosingParty to any third party without the Disclosing Party’s prior written consent, except as otherwise permitted by this Section 6, (iii) use the same degree of care to protect the Confidential Information of the Disclosing Party that theReceiving Party uses to protect the confidentiality of its own like confidential information (but not less than reasonable care), and (iv) except as otherwise authorized by the Disclosing Party in writing, limit access toConfidential Information of the Disclosing Party to those of its and itsAffiliates’ employees and contractors who need that access for purposes consistent with this Agreement and who have signed confidentiality agreements with the Receiving Party containing protections no less stringent than those herein.
6.3. Compelled Disclosure. The Receiving Party may preserve and discloseConfidential Information of the Disclosing Party to the extent compelled by Law to do so or in a good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process or protect the rights, property or personal safety of the public. The Receiving Party shall give the Disclosing Party prompt notice of the compelled disclosure (to the extent legally permitted). If the Receiving Party is compelled by Law to disclose the Disclosing Party’s Confidential Information as part of a civil or criminal claim, action or proceeding to which the Disclosing Party is a party, the Disclosing Party shall reimburse the Receiving Party for its reasonable costs of compiling and providing secure access to that ConfidentialInformation.
6.4. EquitableRelief. Each Party acknowledges that the breach of this Section 6 will likely result in irreparable injury to the other Party, for which money damages alone would be an inadequate remedy and that, in addition to its other remedies, the non-breaching Party shall be entitled to seek equitable relief, including specific performance and an injunction to restrain any threatened or continued breach of this Section 6 in any court of competent jurisdiction. No bond or other security shall be required in obtaining any equitable relief.
7. REPRESENTATIONS, WARRANTIES, AND DISCLAIMERS
7.1. MutualRepresentations and Warranties. The Parties represent and warrant that the person accepting and, if applicable, executing this Agreement on behalf of such Party has the authority to enter into this Agreement on behalf of the Party named above, and to bind such Party to this Agreement.
7.2. PLOT Warranty. PLOT warrants that, during a SubscriptionPeriod, the Solution shall perform materially in accordance with theDocumentation. PLOT’s sole obligation and Customer’s exclusive remedy for any breach of warranty under this Section is for PLOT to modify the Solution to conform to the warranty.
7.3. Disclaimers. CUSTOMER’S USE OF THE SOLUTION IS AT CUSTOMER’S OWN RISK. PLOT MAKES NO WARRANTY REGARDING RESULTS THAT MAY BE OBTAINED FROM CUSTOMER’S USE OF THE SOLUTION. EXCEPT TO THE EXTENT OTHERWISE EXPRESSLY PROVIDED IN SECTION 7.2 ABOVE, PLOT DOES NOT MAKE ANY WARRANTY OF ANY KIND,WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. PLOT SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ORNON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
8. INDEMNIFICATION
8.1. Indemnification by PLOT. PLOT shall defend Customer against any claim, demand, suit, or proceeding (“Claim”)brought against Customer by a third party alleging that the use of the Solution infringes or misappropriates such third party’s patent, copyright, or trade secret rights, and shall indemnify Customer from any damages, reasonable attorney fees, and costs finally awarded against Customer as a result of, or for amounts under a court-approved settlement of, such a Claim. If PLOT receives information about a Claim covered by this Section, PLOT may in its discretion and at no cost to Customer:(i) modify the Solution so that it no longer the subject of such Claim, (ii)obtain the necessary rights for Customer’s continued use of the Solution in accordance with this Agreement, or (iii) terminate Customer’s subscriptions for that Solution and refund Customer any prepaid Fees covering the remainder of the terminated Subscription Period. PLOT shall not be obligated to defend or indemnify Customer pursuant to this Section for any Claim arising from any use of the Solution (a) not in accordance with this Agreement, (b) in combination with other products, equipment, or software not supplied by PLOT, if such infringement would not have occurred but for such combination, or (c) any modification of the Solution by any person other thanPLOT or its authorized agents or subcontractors. This Section 8.1 states PLOT’s sole liability to, and Customer’s exclusive remedy against PLOT, for any claim of intellectual property infringement.
8.2. Indemnification by Customer. Customer shall defend PLOT against any Claim brought against PLOT by a third party arising from or related to (i) theCustomer Data, or (ii) Customer or any Customer User’s violation of thisAgreement, and shall indemnify PLOT from any damages, reasonable attorney fees, and costs finally awarded against PLOT as a result of, or for any amounts paid under a court-approved settlement of, such Claims.
8.3. Procedures. The party seeking indemnification for a Claim under this Section 8 agrees that it shall give the indemnifying party (i) prompt written notice of the Claim(provided that failure to so notify the indemnifying party will not relieve such party of its indemnification obligations, except to the extent that such failure is prejudicial to the indemnifying party’s ability to defend suchClaim), (ii) sole control of the defense and settlement of the Claim (except that the indemnifying party may not settle any Claim unless it unconditionally releases the indemnified party of all liability), and (iii) all reasonable assistance, at the indemnifying party’s request and expense, in the defense and settlement of the Claim.
9. LIMITATION OF LIABILITY
9.1. Limitations.EXCEPT WITH REGARD TO LIABILITIES ARISING FROM PLOT’S OBLIGATIONS UNDER SECTION8.1 (INDEMNIFICATION), OR ITS GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD,TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL PLOT OR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE TO CUSTOMER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES,REGARDLESS OF LEGAL THEORY, WHETHER OR NOT SUCH PARTY HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. EXCEPT WITH REGARD TO A LIABILITIES ARISING FROM PLOT’S OBLIGATIONS UNDER SECTION 8.1 (INDEMNIFICATION), OR ITS GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD, PLOT AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS,SUPPLIERS OR LICENSORS’ AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SOLUTION OR THIS AGREEMENT WILL AT ALL TIMES BE LIMITED TO THE AMOUNTS CUSTOMER PAID TO PLOT FOR THE AFFECTED ASPECT OF THE SOLUTION IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE INCIDENT GIVING RISE TO THE CLAIM. THESE LIMITATIONS ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PLOT AND CUSTOMER.
10. TERM AND TERMINATION.
10.1. Term of Agreement. This Agreement commences on the earlier of the date that Customer accepts this Agreement, the date that the Customer first accesses or uses the Solution, and continues until all subscriptions hereunder have expired or have been terminated.
10.2. Subscription Period. The term of each subscription shall be as specified in the applicable Order.Except as otherwise specified in an Order, subscriptions will automatically renew each month, unless either party gives the other notice of non-renewal at least thirty (30) days before the end of the relevant subscription term. The initial subscription term specified in the Order plus any applicable renewal periods for that Order are referred to herein as the “SubscriptionPeriod.”
10.3. Termination. A party may terminate this Agreement for cause (i) upon thirty (30) days written notice to the other party of a material breach if such breach is curable and remains uncured at the expiration of such period, (ii) immediately upon written notice to the other party of a material breach that is not curable, or (iii) if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation, or assignment for the benefit of creditors.
10.4. Effects of Termination. Upon termination or expiration of Customer’suse of and access to the Solution for any reason (i) any amounts owed to PLOTunder this Agreement before such termination or expiration will be immediatelydue and payable by Customer, (ii) all rights granted to the Solution in thisAgreement will immediately cease to exist, and (iii) Customer must promptlydiscontinue all access to and use of the Solution. The following provisions shall survive anytermination of this Agreement: 2 (Use of the Solution), 3 (Proprietary Rights),4 (Customer Data and Privacy), 5 (Fees and Payment), 6 (Confidentiality), 7.3 (Disclaimers),8 (Indemnification), 9 (Limitation of Liability), 10.4 (Effects ofTermination), and 11 (General Terms).
11. GENERAL TERMS
11.1. Amendments. This Agreement or Order may be amended only upon written agreement signed by an authorized representative of eachParty. In the event that inconsistencies exist between this Agreement and any Order, the terms of thisAgreement shall prevail, except to the extent an Order specifically references the section of this Agreement which such Order intends to modify or amend (and any such modification or amendment in an Order shall apply solely for purposes of such Order).
11.2. No Third Party Beneficiaries.This Agreement is intended for the benefit of the parties hereto and the irrespective permitted successors and assigns, and is not for the benefit of, nor may any provision hereof be enforced by, any other person.
11.3. Governing Law; Venue. ThisAgreement will be governed and construed in accordance with the laws of theState of Kansas without regard to any conflict of laws principles that would require the application of the laws of another jurisdiction. Any dispute arising under or in connection with this Agreement will be heard exclusively in the state and federal courts located in Wichita, Kansas. Each Party hereby expressly and irrevocably consents, and waives any objection, to the venue and convenience of such courts.
11.4. Waiver. Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
11.5. Severability. If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting the intent as closely as possible.
11.6. Assignment. Neither this Agreement nor any rights or obligations hereunder may be assigned by either Party hereto without the consent of the other; provided, however, that each Party shall have the right to assign this Agreement without the other Party’s consent in connection with the purchase or sale of its business. This Agreement shall inure to the benefit of and be binding upon theParties and their representative successors and assigns.
11.7. Relationship of the Parties. The relationship of the Parties hereto is that of independent contractors for all purposes.
11.8. Force Majeure. PLOTwill not be responsible for any failure to perform or delay in performing any of its obligations under this Agreement to the extent that such failure or delay results directly or indirectly from an event beyond PLOT’s reasonable control.
11.9. Interpretation; Counterparts. Unless otherwise specifically noted, the word “including” and its correlative terms means inclusion without limitation. ThisAgreement may be executed in counterparts. Exact copies of original signatures, or any electronic signature or mark intended as a signature, shall have the same effect as originals.
11.10. Notice. All notices required under this agreement must be in writing and are considered effective: (i) if given by email, upon confirmed receipt, or (ii) three business days after mailing, when sent via certified mail, return receipt requested or postage prepaid. Notices to Customer will be sent to the address or email address on Customer’s most recent Order. Customer (a) consents to receive communications from PLOT in an electronic form; and (b) agrees that all notices and other communications provided by PLOT electronically satisfy any legal requirement that such communications would satisfy if they were to be in writing. In the event that the last email address Customer provided to PLOT is not capable of delivering to Customer any notices required by this Agreement, PLOT’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice as of the date sent. Notices to PLOT must be sent to the following address or email address:
PLOT Communications, Inc.
Attention: Chief Executive Officer
334 St Francis Ave,
Wichita, Kansas 67202
Email: info@getplot.com
11.11. Modifications. As our business evolves, we may change these Terms. If we make a material change to these Terms, we will provide you with reasonable notice prior to the change taking effect either by emailing the email address associated your account or by including notice on the PLOT Platform. Any material revisions to this Agreement will become effective on the date set forth in our notice, and all other changes will become effective on the date we publish the change. If you use the PLOT Platform after the effective date of any changes, that use will constitute your acceptance of these revised these Terms.
