plaiday.io Open in urlscan Pro
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Submitted URL:
http://www.plaiday.io/
Effective URL:
https://plaiday.io/
Submission: On January 21 via api (January 21st 2024, 6:46:21 pm UTC) from US — Scanned from DE

Form analysis
1 forms found in the DOM

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Text Content

We use cookies and other similar technologies to improve your experience on our
services, personalize advertising and recommend content of interest to you.
By using our services, you consent to such monitoring. We also inform you that
we have updated our Privacy Portal . Discover our Privacy Portal and see our new
Policy.

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* PLAI LABS PRIVACY POLICY

Last Updated: June 2023

This Privacy Policy describes how Plai Labs, Inc. (“we”, “us,” “our,” or the
“Company”) collects, uses and discloses information about individuals who use
our, PlaiDay application (“Application”), services, tools and features
(collectively, the “Services”). For the purposes of this Privacy Policy,
“you” and “your” means you as the user of the Services, whether you are a
customer or another individual whose information we have collected pursuant
to this Privacy Policy. For the purposes of UK and EU data protection laws,
we are the data controller.

Please read this Privacy Policy carefully. By using, accessing, or
downloading any of the Services, you agree to the collection, use, and
disclosure of your information as described in this Privacy Policy. If you do
not agree to this Privacy Policy, please do not use, access or download any
of the Services.

1. CHANGES TO THIS PRIVACY POLICY

We may modify this Privacy Policy from time to time in which case we will
update the “Last Updated” date at the top of this Privacy Policy. If we make
material changes to the way in which we use information we collect, we will
use reasonable efforts to notify you (such as by emailing you at the last
email address you provided us, by posting notice of such changes on the
Services, or by other means consistent with applicable law) and will take
additional steps as required by applicable law. If you do not agree to any
updates to this Privacy Policy, please do not access or continue to use the
Services.

2. HOW WE COLLECT AND USE YOUR INFORMATION

When you access or use the Services, we collect certain categories of
information about you from a variety of sources.

Information We Collect Directly from You

Some features of the Services may require you to directly provide us with
certain information about yourself. You may elect not to provide this
information, but doing so may prevent you from using or accessing these
features. Information that you directly submit through our Services may
include:

* Contact details (e.g., name, date of birth, phone number, gender, email).
We collect contact details to communicate with you, provide you with the
Services, tailor the Services, and to market to you.
* Photographs (e.g., images of yourself). We collect photos of yourself,
that you choose to upload to the Services, in order to consistently
generate your avatar, display your likeness on the Services via your
avatar.
* Account information (e.g., username and password). We collect account
information to maintain and secure your account with us. If you choose to
use the Services and register an account, you are responsible for keeping
your account credentials safe. We highly recommend that you do not share
your username, password, or other access details with anyone else. If you
believe your account has been compromised, please contact us immediately.
Accounts that have not been used for more than thirty-six months will be
inactive.
* Any other information you choose to provide to us or include in
communications with us, for example, when sending a message through the
Services or report a problem.

Information We Obtain from Third Parties

We may obtain information about you from third parties, such as:

* Telephone number and email address from other users of the Application who
refer you to join and use the Application.

Any information we obtain from third parties will be treated in accordance
with this Privacy Policy. We are not responsible or liable for the accuracy
of the information provided to us by third parties and are not responsible
for any third party’s policies or practices. For more information, see the
section below, Third Party Websites and Links.

Information We Collect Automatically

We also automatically collect certain information about your interaction with
the Services (“Usage Data”). To do this, we may use cookies, web beacons, and
other geolocation tracking technologies, etc. (“Tracking Technologies”).
Usage Data may include:

* Device information (e.g., unique device identifier, device type, IP
address, operating system, advertising identifiers).
* Browser information (e.g., browser type).
* Location information (e.g., approximate geolocation).
* Other information regarding your interaction with the Services (e.g.,
number of sessions, session duration, Application open time and updates,
log data, date and time stamps, clickstream data, ad impressions,
interactions with a referral link).

We use Usage Data to tailor the Services, including features and content to
you, market to you, monitor our marketing efforts, run analytics and better
understand user interaction with the Services. For more information on how we
use Tracking Technologies and your choices, see the section below, Cookies
and Other Tracking Technologies.

In addition to the uses described above, we may use any of the above
information to comply with any applicable legal obligations, and to protect
or defend our rights, and the rights of our users or others.

To the extent applicable data protection law requires that we have a legal
basis to process information, the relevant legal basis is described in the
section below, Legal Basis for Processing.

3. COOKIES AND OTHER TRACKING TECHNOLOGIES

Most web-based services accept cookies automatically, but you may be able to
control the way in which your devices permit the use of Tracking
Technologies. If you so choose, you may block or delete our cookies from your
browser; however, blocking or deleting cookies may cause some of the
Services, including certain features and general functionality, to work
incorrectly. If you have questions regarding the specific information about
you that we process or retain, as well as your choices regarding our
collection and use practices, please contact us using the information listed
below.

To opt out of tracking by Google Analytics, click here.

We engage Ad Networks to provide interest-based advertising for our Services,
including ads across other third party websites. Ad Networks collect
information about you via our Services, but also across other non-Company
affiliated-websites that you visit. To learn more about interest-based
advertising, or to opt out of having your web browsing information used by
certain third-party advertisers for behavioral advertising purposes, please
visit www.aboutads.info/choices or
https://www.networkadvertising.org/choices/.

Your device settings may allow you to transmit a “do not track”
signal, “opt-out preference” signal, or another signal or mechanism for
exercising your choice regarding the collection of your information when you
visit various websites, including our Services. Like many services, our
Services are not designed to respond to “Do Not Track” signals received from
browsers. To learn more about “Do Not Track” signals, you can visit
http://www.allaboutdnt.com/.

If you have questions regarding the specific information about you that we
process or retain, as well as your choices regarding our collection and use
practices, please contact us using the information listed below.

4. HOW WE DISCLOSE YOUR INFORMATION

In certain circumstances, we may disclose your information to third parties
as follows:

* With our affiliates or otherwise within our corporate group as we use
shared infrastructure, systems and technology and, in some instances, we
may rely on our affiliates to support us in providing the Services.
* With vendors or other service providers, such as those providing cloud
storage, technical infrastructure services, analyzing how our Services are
used, providing customer service, administering our communications, or
conducting surveys.
* With marketing or analytics companies that conduct and/or track marketing
that is related to our Services and reach high-quality audiences for our
products and services.
* With advertising publishers, networks and exchanges to retarget
advertisements to you or show you advertisements that are interesting to
you (“Ad Networks”).
* When you request us to share certain information with third parties, such
as through your use of a referrals code/link or social media widgets.
* In connection with or anticipation of an asset sale, merger, bankruptcy,
or other business transaction.
* To comply with applicable law or any obligations thereunder, including
cooperation with law enforcement, judicial orders, and regulatory
inquiries.
* To enforce any applicable terms of service and ensure the safety and
security of the Company and/or its users.
* With professional advisors, such as auditors, law firms, or accounting
firms.

5. USER GENERATED CONTENT

The Application also hosts places for you to describe your avatar, posts, and
interact with other users, which users may elect to join and/or participate
in. The purpose of these features is to interact with other customers.
Through your participation, you may submit messages and photos
(“User-Generated Content” or “UGC”). We or others may store, display,
reproduce, publish, or otherwise use UGC, and may or may not attribute it to
you. Others may also have access to UGC and may have the ability to share it
with third parties. If you choose to submit UGC to any public area of the
Services, your UGC will be considered “public” and will be accessible by
anyone, including the Company.

Please note that we do not control who will have access to the information
that you choose to make available to others, and cannot ensure that parties
who have access to such information will respect your privacy or keep it
secure. We are not responsible for the privacy or security of any
information that you make publicly available on the features permitting
creation of UGC or what others do with information you share with them on
such platforms. We are not responsible for the accuracy, use or misuse of any
UGC that you disclose or receive from third parties through the forums.

6. THIRD PARTY WEBSITES AND LINKS

We may provide links to websites or other online platforms operated by third
parties. If you follow links to sites not affiliated or controlled by us, you
should review their privacy and security policies and other terms and
conditions. We do not guarantee and are not responsible for the privacy or
security of these sites, including the accuracy, completeness, or reliability
of information found on these sites. Information you provide on public or
semi-public venues, including information you share on third-party social
networking platforms may also be viewable by other users of the Services
and/or users of those third-party platforms without limitation as to its use
by us or by a third party. Our inclusion of such links does not, by itself,
imply any endorsement of the content on such platforms or of their owners or
operators, except as disclosed on the Services.

7. CHILDREN’S PRIVACY

Children under the age of 13 or, if a higher age of majority applies in your
country, such higher age, are not permitted to use the Services, and we do
not seek or knowingly collect any personal information about such children.
If we become aware that we have unknowingly collected information about such
a child, we will make commercially reasonable efforts to delete such
information. If you are the parent or guardian of a child under the age of
majority who has provided us with their personal information, you may contact
us using the below information to request that it be deleted.

8. SECURITY AND RETENTION OF YOUR INFORMATION

Please be aware that, despite our reasonable efforts to protect your
information, no security measures are perfect or impenetrable, and we cannot
guarantee “perfect security.” Any information you send to us electronically,
while using the Services or otherwise interacting with us, may not be secure
while in transit. We recommend that you do not use unsecure channels to
communicate sensitive or confidential information to us.

We retain your information for as long as is reasonably necessary for the
purposes specified in this Privacy Policy, for longer periods of time where
we obtain your consent. We remove photographs from inactive accounts. When
determining the length of time to retain your information, we consider
various criteria, including whether we need the information to continue to
provide you the Services, or for our legitimate interests, such as to resolve
a dispute, enforce our contractual agreements, detect or prevent harm or
abuse, promote safety, security and integrity, or protect ourselves,
including our rights, property or products.

We will also retain and use your information to the extent necessary to
comply with our legal obligations, resolve disputes and enforce our terms and
conditions, other applicable terms of service, and our policies.

9. WHERE WE STORE YOUR INFORMATION

Your personal information will be transferred to, and stored at/processed in
the US as the Services are provided by Plai Labs, Inc.

Your personal information will also be transferred by the Company to other
countries outside the European Economic Area (“EEA”) and the United Kingdom
(“UK”) and processed by staff operating outside the EEA and the UK who work
for us or one of our third party service providers or partners. We will take
all steps reasonably necessary to ensure that your personal information is
treated securely and in accordance with this Privacy Policy.

10. CALIFORNIA RESIDENTS

Users Under 18

Any residents under the age of eighteen (18) who have registered to use the
Services and who have posted content or information on the Services can
request that such information be removed from the Services by contacting us
at the e-mail or address set forth in the “How to Contact Us” section below.
Such request must state that they personally posted such content or
information and detail where the content or information is posted. We will
make reasonable good faith efforts to remove the post from prospective public
view or anonymize it so the resident cannot be individually identified. This
removal process cannot ensure complete or comprehensive removal. For
instance, third parties may have republished the post, and archived copies of
it may be stored by search engines and other parties that we do not control.

11. YOUR PRIVACY RIGHTS

Depending on where you live, you may have the rights listed below in relation
to personal information that we have collected about you. However, these
rights are not absolute, and in certain cases, we may decline your request as
permitted by law.

* Right of Access. You have a right to request access to the personal
information we process and certain information about our collection, use
and disclosure of your personal information.
* Right of Portability. You have the right to receive a copy of the personal
information we hold about you and to request that we transfer it to a
third party, in certain circumstances and with certain exceptions.

* Right to Delete. You have a right to request that we delete personal
information we maintain about you.
* Right to Correct. You have a right to request that we correct inaccurate
personal information we maintain about you.
* Restriction of processing to storage only. You have the right to require
us to stop processing the personal information we hold about you, other
than for storage purposes, in certain circumstances.
* Objection. You have the right to object to our processing of your personal
information.
* Withdrawal of consent. Where we rely on consent to process your personal
information, you have the right to withdraw this consent at any time by
emailing us at Legal@PlaiLabs.com .

12. LEGAL BASIS FOR PROCESSING

We rely on different legal bases to process your information for the purposes
described in this Privacy Policy.

InformationLawful BasisContact details (e.g., name, date of birth, phone
number, gender, email). We process your basic contact details as necessary to
fulfil our contracts with you. This means providing the Services as described
in the Terms of Service.We may also process your contact details, with your
consent, for marketing purposes. You can withdraw consent at any time.Account
information (e.g., username and password). We process information your
information as necessary for our or others’ legitimate interests. Our
interests include:providing a personalized service to our users;allowing
users to use interactive features such as forums, blogs, chats and messaging
services and social media pages;providing users with the opportunity to
participate in sweepstakes and contests;de-identifying and aggregating
information for [insert purpose];andrunning analytics to better understand
user interaction with the Services.We won’t process your information if your
interests, or your fundamental rights and freedoms override our
interests.Activity information (e.g. information you share while engaging
with the Services, such as your photos, posts and other UGC) and metadata
about such activity data.Other information you choose to provide to us or
include in communications with us, for example, when sending a message
through the Services, reporting a problem.Device information (e.g., unique
device identifier, device type, IP address, operating system, advertising
identifiers).Browser information (e.g., browser type).Location information
(e.g., approximate geolocation).Other information regarding your interaction
with the Services (e.g., number of sessions, session duration, Application
open time and updates, log data, date and time stamps, clickstream data, ad
impressions, interactions with a referral link).Contact details, account
information, activity information and other information as may be required by
law enforcementWhere required to do so, we will process information to comply
with a legal obligation. For example, if we receive a valid legal request for
certain information, we may have to access and/ or share your information
with law enforcement agencies or others.

13. COMPLAINTS

If you have complaints about how we process your personal information, please
contact us at info@plailabs.com and we will respond to your request as soon
as possible.

If you think we have infringed data protection laws, you can file a claim
with the data protection supervisory authority in the country in which you
live or work or where you think we have infringed data protection laws.

14. HOW TO CONTACT US

Should you have any questions about our privacy practices or this Privacy
Policy, please email us at info@plailabs.com or mail us at 112 Montana Ave,
Suite 116, Santa Monica, CA 90403.

* TERMS OF USE

Welcome to the Terms of Service (these “Terms”) for the PlaiDay mobile
application (the “App”) and plaiday.io website (the “Website”) operated on
behalf of Plai Labs, Inc. (“Company”, “we” or “us”). The App, Website and
any content, tools, features and functionality offered on or through our App
and Website are collectively referred to as the “Services”.

These Terms govern your access to and use of the Services. Please read these
Terms carefully, as they include important information about your legal
rights. By accessing and/or using the Services, you are agreeing to these
Terms. If you do not understand or agree to these Terms, please do not use
the Services.

For purposes of these Terms, “you” and “your” means you as the user of the
Services. If you use the Services on behalf of a company or other entity then
“you” includes you and that entity, and you represent and warrant that (a)
you are an authorized representative of the entity with the authority to bind
the entity to these Terms, and (b) you agree to these Terms on the entity’s
behalf.

SECTION 9 CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. BY AGREEING
TO THESE TERMS, YOU AGREE (A) TO RESOLVE ALL DISPUTES (WITH LIMITED
EXCEPTION) RELATED TO THE COMPANY’S SERVICES AND/OR PRODUCTS THROUGH BINDING
INDIVIDUAL ARBITRATION, WHICH MEANS THAT YOU WAIVE ANY RIGHT TO HAVE THOSE
DISPUTES DECIDED BY A JUDGE OR JURY, AND (B) TO WAIVE YOUR RIGHT TO
PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS,
AS SET FORTH BELOW. YOU HAVE THE RIGHT TO OPT-OUT OF THE ARBITRATION CLAUSE
AND THE CLASS ACTION WAIVER AS EXPLAINED IN SECTION 9.

TABLE OF CONTENTS

1. Who May Use the Services 1

2. User Accounts 2

3. ORDERS foR PRODUCTS AND/OR SERVICES 2

4. Location of Our Privacy Policy 3

5. Rights We Grant You 3

6. Ownership and Content 7

7. Third Party Services and Materials 9

8. Disclaimers, Limitations of Liability and Indemnification 9

9. ARBITRATION AND CLASS ACTION WAIVER 10

10. Additional Provisions 12

1. Who May Use the Services

You must be 13 years of age or older and reside in the United States or any
of its territories to use the Services. Minors under the age of majority in
their jurisdiction but that are at least 13 years of age are only permitted
to use the Services if the minor’s parent or guardian accepts these Terms on
the minor’s behalf prior to use of the Services. Children under the age of 13
are not permitted to use the Services. In furtherance of our policy of not
collecting personal information from persons under the age of 13, users are
not allowed to give the Company the personal information of any persons under
the age of 13 for any reason. By using the Services, you represent and
warrant that you meet these requirements.

2. User Accounts
1. Creating and Safeguarding your Account. To use the Services, you need
to create an account or link another account, such as your Apple,
Facebook or Google account (“Account”). You agree to provide us with
accurate, complete and updated information for your Account. You can
access, edit and update your Account via the account settings page on
the App. You are solely responsible for any activity on your Account
and for maintaining the confidentiality and security of your password.
We are not liable for any acts or omissions by you in connection with
your Account. You must immediately notify us at legal@plailabs.com if
you know or have any reason to suspect that your Account or password
have been stolen, misappropriated or otherwise compromised, or in case
of any actual or suspected unauthorized use of your Account. You agree
not to create any Account if we have previously removed your, or we
previously banned you from any of our Services, unless we provide
written consent otherwise.

3. ORDERS foR PRODUCTS AND/OR SERVICES
1. Payment. The Services may permit you to purchase certain other
products or services through the Services, including products or
services of third parties that are offered through the Services
(“Offerings”). You acknowledge and agree that all information you
provide with regards to a purchase of Offerings, including, without
limitation, credit card, PayPal, or other payment information, is
accurate, current and complete. You represent and warrant that you
have the legal right to use the payment method you provide to us or
our payment processor, including, without limitation, any credit card
you provide when completing a transaction. We reserve the right, with
or without prior notice and in our sole and complete discretion, to
(a) discontinue, modify, or limit the available quantity of, any
Offerings, and (b) refuse to allow any user to purchase any Offering
or deliver such Offerings to a user or a user designated address. When
you purchase Offerings, you (a) agree to pay the price for such
Offerings as set forth in the applicable Service, and all shipping and
handling charges and all applicable taxes in connection with your
purchase (the “Full Purchase Amount”), and (b) authorize us to charge
your credit card or other payment method for the Full Purchase Amount.
Unless otherwise noted, all currency references are in U.S. Dollars.
All fees and charges are payable in accordance with payment terms in
effect at the time the fee or the charge becomes payable. Payment can
be made by credit card, debit card, or through PayPal or other means
that we may make available. Orders will not be processed until payment
has been received in full, and any holds on your account by PayPal or
any other payment processor are solely your responsibility.
2. Promotional Codes. We may offer certain promotional codes, referral
codes, discount codes, coupon codes or similar offers (“Promotional
Codes”) that may be redeemed for discounts on future Offerings, or
other features or benefits related to the Services, subject to any
additional terms that the Company establishes. You agree that
Promotional Codes: (a) must be used in a lawful manner; (b) must be
used for the intended audience and purpose; (c) may not be duplicated,
sold or transferred in any manner, or made available by you to the
general public (whether posted to a public forum, coupon collecting
service, or otherwise), unless expressly permitted by the Company; (d)
may be disabled or have additional conditions applied to them by the
Company at any time for any reason without liability to the Company;
(e) may only be used pursuant to the specific terms that the Company
establishes for such Promotional Code; (f) are not valid for cash or
other credits or points; and (g) may expire prior to your use.
3. Changes and Pricing. The Company may, at any time, revise or change
the pricing, availability, specifications, content, descriptions or
features of any Offerings. While we attempt to be as accurate as we
can in our descriptions for the Offerings, we do not warrant that
Offering descriptions are accurate, complete, reliable, current, or
error-free. If an Offering itself is not as described on the Services,
your sole remedy is to return it (for physical products, in unused
condition). The inclusion of any Offerings for purchase through the
Services at a particular time does not imply or warrant that the
Offerings will be available at any other time. We reserve the right to
change prices for Offerings displayed on the Services at any time, and
to correct pricing errors that may inadvertently occur (and to cancel
any orders in our sole discretion that were purchased with pricing
errors). All such changes shall be effective immediately upon posting
of such new Offering prices to the Services and/or upon making the
customer aware of the pricing error.
4. Return Policy. There are no refunds available for any Offerings on the
Services, except as we may choose to offer in our sole discretion on a
case by case basis.

4. Location of Our Privacy Policy
1. Privacy Policy. Our Privacy Policy describes how we handle the
information you provide to us when you use the Services. For an
explanation of our privacy practices, please visit our Privacy Policy
located at [ ⬤ ].

5. Rights We Grant You
1. Right to Use Services. We hereby permit you to use the Services for
your personal non-commercial use only, provided that you comply with
these Terms in connection with all such use. If any software, content
or other materials owned or controlled by us are distributed to you as
part of your use of the Services, we hereby grant you, a personal,
non-assignable, non-sublicensable, non-transferrable, and
non-exclusive right and license to access and display such software,
content and materials provided to you as part of the Services (and
right to download a single copy of the App onto your applicable
equipment or device), in each case for the sole purpose of enabling
you to use the Services as permitted by these Terms. Your access and
use of the Services may be interrupted from time to time for any of
several reasons, including, without limitation, the malfunction of
equipment, periodic updating, maintenance or repair of the Service or
other actions that Company, in its sole discretion, may elect to take.
2. Restrictions On Your Use of the Services. You may not do any of the
following in connection with your use of the Services, unless
applicable laws or regulations prohibit these restrictions or you have
our written permission to do so:
1. download, modify, copy, distribute, transmit, display, perform,
reproduce, duplicate, publish, license, create derivative works
from, or offer for sale any proprietary software owned by the
Company and deployed for the Services, except for temporary files
that are automatically cached by your web browser for display
purposes, or as otherwise expressly permitted in these Terms;
2. duplicate, decompile, reverse engineer, disassemble or decode the
Services (including any underlying idea or algorithm), or attempt
to do any of the same;
3. use, reproduce or remove any copyright, trademark, service mark,
trade name, slogan, logo, image, or other proprietary notation
displayed on or through the Services;
4. use automation software (bots), hacks, modifications (mods) or any
other unauthorized third-party software designed to modify the
Services;
5. exploit the Services for any commercial purpose, except as
specifically permitted by the Company in connection with your
permitted use of the Services, including without limitation
communicating or facilitating any commercial advertisement or
solicitation;
6. access or use the Services in any manner that could disable,
overburden, damage, disrupt or impair the Services or interfere
with any other party’s access to or use of the Services or use any
device, software or routine that causes the same;
7. attempt to gain unauthorized access to, interfere with, damage or
disrupt the Services, accounts registered to other users, or the
computer systems or networks connected to the Services;
8. circumvent, remove, alter, deactivate, degrade or thwart any
technological measure or content protections of the Services;
9. use any robot, spider, crawlers, scraper, or other automatic
device, process, software or queries that intercepts, “mines,”
scrapes, extracts, or otherwise accesses the Services to monitor,
extract, copy or collect information or data from or through the
Services, or engage in any manual process to do the same;
10. introduce any viruses, trojan horses, worms, logic bombs or other
materials that are malicious or technologically harmful into our
systems;
11. submit, transmit, display, generate, create, perform, post or
store any content that is inaccurate, unlawful, defamatory,
infringing, obscene, lewd, lascivious, filthy, excessively
violent, pornographic, invasive of privacy or publicity rights,
harassing, threatening, abusive, inflammatory, harmful, hateful,
cruel or insensitive, deceptive, or otherwise objectionable, use
the Services for illegal, harassing, bullying, unethical or
disruptive purposes, or otherwise use the Services in a manner
that is infringing, obscene, lewd, lascivious, filthy, excessively
violent, harassing, harmful, hateful, cruel or insensitive,
deceptive, threatening, abusive, inflammatory, pornographic,
inciting, organizing, promoting or facilitating violence or
criminal or harmful activities, defamatory, obscene or otherwise
objectionable;
12. violate any applicable law or regulation in connection with your
access to or use of the Services; or
13. access or use the Services in any way not expressly permitted by
these Terms.
3. Use of the App. You are responsible for providing the mobile device,
wireless service plan, software, Internet connections and/or other
equipment or services that you need to download, install and use the
App. We do not guarantee that the App can be accessed and used on any
particular device or with any particular service plan. We do not
guarantee that the App or will be available in, or that orders for
Offerings can be placed from, any particular geographic location. As
part of the Services and to update you regarding the status of
deliveries, you may receive push notifications, local client
notifications, text messages, picture messages, alerts, emails or
other types of messages directly sent to you in connection with the
App (“Push Messages”). You acknowledge that, when you use the App,
your wireless service provider may charge you fees for data, text
messaging and/or other wireless access, including in connection with
Push Messages. You have control over the Push Messages settings, and
can opt in or out of these Push Messages through the Services or
through your mobile device’s operating system (with the possible
exception of infrequent, important service announcements and
administrative messages). Please check with your wireless service
provider to determine what fees apply to your access to and use of the
App, including your receipt of Push Messages from the Company. You are
solely responsible for any fee, cost or expense that you incur to
download, install and/or use the App on your mobile device, including
for your receipt of push messages from the Company.
4. Mobile Software from the Apple App Store. The following terms and
conditions apply to you only if you are using the App from the Apple
App Store. To the extent the other terms and conditions of these Terms
are less restrictive than, or otherwise conflict with, the terms and
conditions of this paragraph, the more restrictive or conflicting
terms and conditions in this paragraph apply, but solely with respect
to your use of the App from the Apple App Store. You acknowledge and
agree that these Terms are solely between you and the Company, not
Apple, and that Apple has no responsibility for the App or content
thereof. Your use of the App must comply with the App Store’s
applicable terms of use. You acknowledge that Apple has no obligation
whatsoever to furnish any maintenance and support services with
respect to the App. In the event of any failure of the App to conform
to any applicable warranty, you may notify Apple, and Apple will
refund the purchase price, if any, for the App to you. To the maximum
extent permitted by applicable law, Apple will have no other warranty
obligation whatsoever with respect to the App, and any other claims,
losses, liabilities, damages, costs or expenses attributable to any
failure to conform to any warranty will be solely governed by these
Terms. You and the Company acknowledge that Apple is not responsible
for addressing any claims of yours or any third party relating to the
App or your possession and/or use of the App, including, but not
limited to: (a) product liability claims, (b) any claim that the App
fails to conform to any applicable legal or regulatory requirement,
and (c) claims arising under consumer protection or similar
legislation. You and the Company acknowledge that, in the event of any
third party claim that the App or your possession and use of that App
infringes that third party’s intellectual property rights, the
Company, not Apple, will be solely responsible for the investigation,
defense, settlement and discharge of any such intellectual property
infringement claim to the extent required by these Terms. You must
comply with applicable third party terms of agreement when using the
App. You and the Company acknowledge and agree that Apple, and Apple’s
subsidiaries, are third party beneficiaries of these Terms as they
relate to your use of the App, and that, upon your acceptance of these
Terms, Apple will have the right (and will be deemed to have accepted
the right) to enforce these Terms against you as a third party
beneficiary thereof.
5. Beta Offerings. From time to time, we may, in our sole discretion,
include certain test or beta features or products in the Services
(“Beta Offerings”) as we may designate from time to time. Your use of
any Beta Offering is completely voluntary. The Beta Offerings are
provided on an “as is” basis and may contain errors, defects, bugs, or
inaccuracies that could cause failures, corruption or loss of data and
information from any connected device. You acknowledge and agree that
all use of any Beta Offering is at your sole risk. You agree that
once you use a Beta Offering, your content or data may be affected
such that you may be unable to revert back to a prior non-beta version
of the same or similar feature. Additionally, if such reversion is
possible, you may not be able to return or restore data created within
the Beta Offering back to the prior non-beta version. If we provide
you any Beta Offerings on a closed beta or confidential basis, we will
notify you of such as part of your use of the Beta Offerings. For any
such confidential Beta Offerings, you agree to not disclose, divulge,
display, or otherwise make available any of the Beta Offerings without
our prior written consent.
6. Third Party Software. The Services include our artificial
intelligence and machine learning model (“Model”). Our Model uses
Stable Diffusion open source software and/or certain other third party
software (“Third Party Software”). Your access and use of such Third
Party Software, including through your use of the Services, may be
governed by additional terms and conditions of the provider of such
Third Party Software, which you agree to comply with. We will
endeavour to notify you of such additional terms and conditions. The
terms of the applicable Stable Diffusion software license are
available at
https://github.com/CompVis/stable-diffusion/blob/main/LICENSE (“Stable
Diffusion License”). You agree to comply with the Stable Diffusion
License, including, without limitation, not to use the Services:
1. in any way that violates any applicable national, federal, state,
local or international law or regulation;
2. for the purpose of exploiting, harming or attempting to exploit or
harm minors in any way;
3. to generate or disseminate verifiably false information and/or
content with the purpose of harming others;
4. to generate or disseminate personal identifiable information that
can be used to harm an individual;
5. to defame, disparage or otherwise harass others;
6. for fully automated decision making that adversely impacts an
individual’s legal rights or otherwise creates or modifies a
binding, enforceable obligation;
7. for any use intended to or which has the effect of discriminating
against or harming individuals or groups based on online or
offline social behavior or known or predicted personal or
personality characteristics;
8. to exploit any of the vulnerabilities of a specific group of
persons based on their age, social, physical or mental
characteristics, in order to materially distort the behavior of a
person pertaining to that group in a manner that causes or is
likely to cause that person or another person physical or
psychological harm;
9. for any use intended to or which has the effect of discriminating
against individuals or groups based on legally protected
characteristics or categories;
10. provide medical advice and medical results interpretation; and
11. to generate or disseminate information for the purpose to be used
for administration of justice, law enforcement, immigration or
asylum processes, such as predicting an individual will commit
fraud/crime commitment (e.g. by text profiling, drawing causal
relationships between assertions made in documents, indiscriminate
and arbitrarily-targeted use).
7. Points. You may be able to earn points through your use of the
Services (“Points”). You do not own the Points. We grant you a
non-exclusive, non-transferable, non-sublicensable, limited license
and right to use the Points in accordance with these Terms while we
offer the Services and you have an Account in good standing. Any
balance of Points shown in your Account constitutes only a measurement
of the extent of your limited license to Points. Points are not a
substitute for currency or medium of exchange, and do not have an
equivalent value in real currency. You are not allowed to transfer
Points outside of the Services. You are not allowed to sublicense,
trade, sell or attempt to sell Points for money or other
consideration, or exchange Points for value of any kind outside of the
Services. Any such transfer or attempted transfer is prohibited and
void. Points are not redeemable, refundable or eligible for any
currency or anything else of value.

6. Ownership and Content
1. Ownership of the Services. The Services, including their “look and
feel” (e.g., text, graphics, images, logos), proprietary content,
information and other materials, are protected under copyright,
trademark and other intellectual property laws. You agree that the
Company and/or its licensors own all right, title and interest in and
to the Services (including any and all intellectual property rights
therein) and you agree not to take any action(s) inconsistent with
such ownership interests. We and our licensors reserve all rights in
connection with the Services and its content (other than Your
Content), including, without limitation, the exclusive right to create
derivative works.
2. Ownership of Trademarks. The Company’s name, trademarks, logo and all
related names, logos, product and service names, designs and slogans
are trademarks of the Company or its affiliates or licensors. Other
names, logos, product and service names, designs and slogans that
appear on the Services are the property of their respective owners,
who may or may not be affiliated with, connected to, or sponsored by
us.
3. Ownership of Feedback. We welcome feedback, comments and suggestions
for improvements to the Services (“Feedback”). You acknowledge and
expressly agree that any contribution of Feedback does not and will
not give or grant you any right, title or interest in the Services or
in any such Feedback. All Feedback becomes the sole and exclusive
property of the Company, and the Company may use and disclose Feedback
in any manner and for any purpose whatsoever without further notice or
compensation to you and without retention by you of any proprietary or
other right or claim. You hereby assign to the Company any and all
right, title and interest (including, but not limited to, any patent,
copyright, trade secret, trademark, show-how, know-how, moral rights
and any and all other intellectual property right) that you may have
in and to any and all Feedback.
4. Your Content License Grant. In connection with your use of the
Services, you may be able to post, upload, or submit content to be
made available through the Services (“Your Content”). Your Content
also includes (i) any content generated and returned to you by the
Services based on the content you upload to, or text prompts you enter
into, the Services (“Your Generated Content”), and (ii) the text
prompts you enter into the Services. In order to operate the Service,
we must obtain from you certain license rights in Your Content so that
actions we take in operating the Service are not considered legal
violations. Accordingly, by using the Service and uploading Your
Content, you grant us a license to access, use, host, cache, store,
reproduce, transmit, display, publish, distribute, and modify Your
Content but solely as required to be able to operate, improve and
provide the Services. You agree that these rights and licenses are
royalty free, transferable, sub-licensable, worldwide and irrevocable
(for so long as Your Content is stored with us), and include a right
for us to make Your Content available to, and pass these rights along
to, others with whom we have contractual relationships related to the
provision of the Services, solely for the purpose of operating,
improving and providing such Services, and to otherwise permit access
to or disclose Your Content to third parties if we determine such
access is necessary to comply with our legal obligations. As part of
the foregoing license grant you agree that the other users of the
Services shall have the right to like, bookmark, share, comment on
and/or tag Your Content that you share or post on the Services; except
that the foregoing shall not apply to any of Your Content that you
post privately for non-public display on the Services other than to
specific users (such as your friends) that you permit to view such
items of Your Content. As between the Company and you, the Company
does not claim any ownership in Your Content, including Your Generated
Content. To the fullest extent permitted by applicable law, the
Company reserves the right, and has absolute discretion, to remove,
screen, edit, or delete any of Your Content at any time, for any
reason, and without notice. By posting or submitting Your Content
through the Services or by otherwise using Your Generated Content, you
represent and warrant that you have, or have obtained, all rights,
licenses, consents, permissions, power and/or authority necessary to
grant the rights granted herein for Your Content. You agree that Your
Content, including Your Generated Content, will not contain material
subject to copyright or other proprietary rights, unless you have the
necessary permission or are otherwise legally entitled to post the
material and to grant us the license described above. We make no
representations or warranties related to Your Generated Content, and
you are solely responsible and liable for Your Generated Content,
including for ensuring that it does not violate any applicable law,
these Terms, or infringe or misappropriate the intellectual property
rights of others.
5. Notice of Infringement – DMCA (Copyright) Policy

If you believe that any text, graphics, photos, audio, videos or other
materials or works uploaded, downloaded or appearing on the Services have
been copied in a way that constitutes copyright infringement, you may submit
a notification to our copyright agent in accordance with 17 USC 512(c) of the
Digital Millennium Copyright Act (the “DMCA”), by providing the following
information in writing:

1. identification of the copyrighted work that is claimed to be infringed;
2. identification of the allegedly infringing material that is requested to
be removed, including a description of where it is located on the
Service;
3. information for our copyright agent to contact you, such as an address,
telephone number and e-mail address;
4. a statement that you have a good faith belief that the identified,
allegedly infringing use is not authorized by the copyright owners, its
agent or the law;
5. a statement that the information above is accurate, and under penalty of
perjury, that you are the copyright owner or the authorized person to act
on behalf of the copyright owner; and
6. the physical or electronic signature of a person authorized to act on
behalf of the owner of the copyright or of an exclusive right that is
allegedly infringed.

Notices of copyright infringement claims should be sent by mail to: Plai
Labs, Inc., Attn: Nick Darabi, Finance and Legal, 1112 Montana Ave, Suite
116, Santa Monica, CA 90403; or by e-mail to nick@plailabs.com. It is our
policy, in appropriate circumstances and at our discretion, to disable or
terminate the accounts of users who repeatedly infringe copyrights or
intellectual property rights of others.

A user of the Services who has uploaded or posted materials identified as
infringing as described above may supply a counter-notification pursuant to
sections 512(g)(2) and (3) of the DMCA. When we receive a
counter-notification, we may reinstate the posts or material in question, in
our sole discretion. To file a counter-notification with us, you must provide
a written communication (by fax or regular mail or by email) that sets forth
all of the items required by sections 512(g)(2) and (3) of the DMCA. Please
note that you will be liable for damages if you materially misrepresent that
content or an activity is not infringing the copyrights of others.

7. Third Party Services and Materials
1. Use of Third Party Materials in the Services. Certain Services may
display, include or make available content, data, information,
applications or materials from third parties (“Third Party Materials”)
or provide links to certain third party websites. By using the
Services, you acknowledge and agree that the Company is not
responsible for examining or evaluating the content, accuracy,
completeness, availability, timeliness, validity, copyright
compliance, legality, decency, quality or any other aspect of such
Third Party Materials or websites. We do not warrant or endorse and do
not assume and will not have any liability or responsibility to you or
any other person for any third-party services, Third Party Materials
or third-party websites, or for any other materials, products, or
services of third parties. Third Party Materials and links to other
websites are provided solely as a convenience to you.

8. Disclaimers, Limitations of Liability and Indemnification
1. Disclaimers.
1. Your access to and use of the Services are at your own risk. You
understand and agree that the Services are provided to you on an
“AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing,
to the maximum extent permitted under applicable law, the Company,
its parents, affiliates, related companies, officers, directors,
employees, agents, representatives, partners and licensors (the
“the Company Entities”) DISCLAIM ALL WARRANTIES AND CONDITIONS,
WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT. The Company Entities make
no warranty or representation and disclaim all responsibility and
liability for: (a) the completeness, accuracy, availability,
timeliness, security or reliability of the Services; (b) any harm
to your computer system, loss of data, or other harm that results
from your access to or use of the Services; (c) the operation or
compatibility with any other application or any particular system
or device; and (d) whether the Services will meet your requirements
or be available on an uninterrupted, secure or error-free basis;
and (e) the deletion of, or the failure to store or transmit, Your
Content and other communications maintained by the Services. No
advice or information, whether oral or written, obtained from the
Company Entities or through the Services, will create any warranty
or representation not expressly made herein.
2. THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING THE STATE OF NEW
JERSEY, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES AS SET FORTH IN SECTION
8.2 BELOW. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE
DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND
YOU MAY HAVE ADDITIONAL RIGHTS.
3. THE COMPANY ENTITIES TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY
FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES,
UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR
SERVICES.
4. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT
MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE
INAPPROPRIATE, NONE OF WHICH THE COMPANY ENTITIES WILL BE
RESPONSIBLE FOR.
2. Limitations of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, YOU
AGREE THAT IN NO EVENT WILL THE COMPANY ENTITIES BE LIABLE (A) FOR
DAMAGES OF ANY KIND, INCLUDING INDIRECT SPECIAL, EXEMPLARY,
INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT
LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE,
DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR
LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE
SERVICES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER
UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH
THE SERVICES OR THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY
OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF THE COMPANY
ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (B)
FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR
ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE DELIVERY, USE
OR PERFORMANCE OF THE SERVICES. THE COMPANY ENTITIES’ TOTAL LIABILITY
TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE GREATER OF
ONE HUNDRED DOLLARS ($100.00), OR THE AMOUNT YOU PAID THE COMPANY
ENTITIES, IF ANY, IN THE PAST SIX (6) MONTHS FOR THE SERVICES (OR
OFFERINGS PURCHASED ON THE SERVICES) GIVING RISE TO THE CLAIM. THE
FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS
OF ITS ESSENTIAL PURPOSE.
3. Indemnification. By entering into these Terms and accessing or using
the Services, you agree that you shall defend, indemnify and hold the
Company Entities harmless from and against any and all claims, costs,
damages, losses, liabilities and expenses (including attorneys’ fees
and costs) incurred by the Company Entities arising out of or in
connection with: (a) your violation or breach of any term of these
Terms or any applicable law or regulation; (b) your violation of any
rights of any third party; (c) your misuse of the Services; (d) Your
Content, or (e) your negligence or wilful misconduct. If you are
obligated to indemnify any Company Entity hereunder, then you agree
that Company (or, at its discretion, the applicable Company Entity)
will have the right, in its sole discretion, to control any action or
proceeding and to determine whether Company wishes to settle, and if
so, on what terms, and you agree to fully cooperate with Company in
the defense or settlement of such claim.

9. ARBITRATION AND CLASS ACTION WAIVER
1. PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR
LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO
HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY
BINDING ARBITRATION AND A CLASS ACTION WAIVER.
2. Informal Process First. You and the Company agree that in the event
of any dispute, either party will first contact the other party and
make a good faith sustained effort to resolve the dispute before
resorting to more formal means of resolution, including without
limitation, any court action, after first allowing the receiving party
30 days in which to respond. Both you and the Company agree that this
dispute resolution procedure is a condition precedent which must be
satisfied before initiating any arbitration against the other party.
3. Arbitration Agreement and Class Action Waiver. After the informal
dispute resolution process, any remaining dispute, controversy, or
claim (collectively, “Claim”) relating in any way to the Company’s
services and/or products, including the Services, and any use or
access or lack of access thereto, will be resolved by arbitration,
including threshold questions of arbitrability of the Claim. You and
the Company agree that any Claim will be settled by final and binding
arbitration, using the English language, administered by JAMS under
its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”)
then in effect (those rules are deemed to be incorporated by reference
into this section, and as of the date of these Terms). Because your
contract with the Company, these Terms, and this Arbitration Agreement
concern interstate commerce, the Federal Arbitration Act (“FAA”)
governs the arbitrability of all disputes. However, the arbitrator
will apply applicable substantive law consistent with the FAA and the
applicable statute of limitations or condition precedent to suit.
Arbitration will be handled by a sole arbitrator in accordance with
the JAMS Rules. Judgment on the arbitration award may be entered in
any court that has jurisdiction. Any arbitration under these Terms
will take place on an individual basis – class arbitrations and class
actions are not permitted. You understand that by agreeing to these
Terms, you and the Company are each waiving the right to trial by jury
or to participate in a class action or class arbitration.
4. Exceptions. Notwithstanding the foregoing, you and the Company agree
that the following types of disputes will be resolved in a court of
proper jurisdiction:
1. disputes or claims within the jurisdiction of a small claims court
consistent with the jurisdictional and dollar limits that may
apply, as long as it is brought and maintained as an individual
dispute and not as a class, representative, or consolidated action
or proceeding;
2. disputes or claims where the sole form of relief sought is
injunctive relief (including public injunctive relief); or
3. intellectual property disputes.
5. Costs of Arbitration. Payment of all filing, administration, and
arbitrator costs and expenses will be governed by the JAMS Rules,
except that if you demonstrate that any such costs and expenses owed
by you under those rules would be prohibitively more expensive than a
court proceeding, the Company will pay the amount of any such costs
and expenses that the arbitrator determines are necessary to prevent
the arbitration from being prohibitively more expensive than a court
proceeding (subject to possible reimbursement as set forth below).

Fees and costs may be awarded as provided pursuant to applicable law.
If the arbitrator finds that either the substance of your claim or the
relief sought in the demand is frivolous or brought for an improper
purpose (as measured by the standards set forth in Federal Rule of
Civil Procedure 11(b)), then the payment of all fees will be governed
by the JAMS rules. In that case, you agree to reimburse the Company
for all monies previously disbursed by it that are otherwise your
obligation to pay under the applicable rules. If you prevail in the
arbitration and are awarded an amount that is less than the last
written settlement amount offered by the Company before the arbitrator
was appointed, the Company will pay you the amount it offered in
settlement. The arbitrator may make rulings and resolve disputes as
to the payment and reimbursement of fees or expenses at any time
during the proceeding and upon request from either party made within
14 days of the arbitrator’s ruling on the merits.
6. Opt-Out. You have the right to opt-out and not be bound by the
arbitration provisions set forth in these Terms by sending written
notice of your decision to opt-out to legal@plailabs.com. The notice
must be sent to the Company within thirty (30) days of your first
registering to use the Services or agreeing to these Terms; otherwise
you shall be bound to arbitrate disputes on a non-class basis in
accordance with these Terms. If you opt out of only the arbitration
provisions, and not also the class action waiver, the class action
waiver still applies. You may not opt out of only the class action
waiver and not also the arbitration provisions. If you opt-out of
these arbitration provisions, the Company also will not be bound by
them.
7. WAIVER OF RIGHT TO BRING CLASS ACTION AND REPRESENTATIVE CLAIMS. To
the fullest extent permitted by applicable law, you and the Company
each agree that any proceeding to resolve any dispute, claim, or
controversy will be brought and conducted ONLY IN THE RESPECTIVE
PARTY’S INDIVIDUAL CAPACITY AND NOT AS PART OF ANY CLASS (OR PURPORTED
CLASS), CONSOLIDATED, MULTIPLE-PLAINTIFF, OR REPRESENTATIVE ACTION OR
PROCEEDING (“CLASS ACTION”). You and the Company AGREE TO WAIVE THE
RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS
ACTION. You and the Company EXPRESSLY WAIVE ANY ABILITY TO MAINTAIN A
CLASS ACTION IN ANY FORUM. If the dispute is subject to arbitration,
THE ARBITRATOR WILL NOT HAVE THE AUTHORITY TO COMBINE OR AGGREGATE
CLAIMS, CONDUCT A CLASS ACTION, OR MAKE AN AWARD TO ANY PERSON OR
ENTITY NOT A PARTY TO THE ARBITRATION. Further, you and the Company
agree that the ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS FOR MORE
THAN ONE PERSON’S CLAIMS, AND IT MAY NOT OTHERWISE PRESIDE OVER ANY
FORM OF A CLASS ACTION. For the avoidance of doubt, however, you can
seek public injunctive relief to the extent authorized by law and
consistent with the Exceptions clause above.

IF THIS CLASS ACTION WAIVER IS LIMITED, VOIDED, OR FOUND
UNENFORCEABLE, THEN, UNLESS THE PARTIES MUTUALLY AGREE OTHERWISE, THE
PARTIES’ AGREEMENT TO ARBITRATE SHALL BE NULL AND VOID WITH RESPECT TO
SUCH PROCEEDING SO LONG AS THE PROCEEDING IS PERMITTED TO PROCEED AS A
CLASS ACTION. If a court decides that the limitations of this
paragraph are deemed invalid or unenforceable, any putative class,
private attorney general, or consolidated or representative action
must be brought in a court of proper jurisdiction and not in
arbitration.

10. Additional Provisions
1. SMS Messaging and Phone Calls. Certain portions of the Services may
allow us to contact you via telephone or text messages. You agree
that the Company may contact you via telephone or text messages
(including by an automatic telephone dialing system) at any of the
phone numbers provided by you or on your behalf in connection with
your use of the Services, including for marketing purposes. You
understand that you are not required to provide this consent as a
condition of purchasing any Offerings. You also understand that you
may opt out of receiving text messages from us at any time, either by
texting the word “STOP” using the mobile device that is receiving the
messages, or by contacting legal@plailabs.com. If you do not choose
to opt out, we may contact you as outlined in our Privacy Policy.
2. Updating These Terms. We may modify these Terms from time to time in
which case we will update the “Last Revised” date at the top of these
Terms. If we make changes that are material, we will use reasonable
efforts to attempt to notify you, such as by e-mail and/or by placing
a prominent notice when you open the App or Website. However, it is
your sole responsibility to review these Terms from time to time to
view any such changes. The updated Terms will be effective as of the
time of posting, or such later date as may be specified in the
updated Terms. Your continued access or use of the Services after the
modifications have become effective will be deemed your acceptance of
the modified Terms. No amendment shall apply to a dispute for which
an arbitration has been initiated prior to the change in Terms.
3. Termination of License and Your Account. If you breach any of the
provisions of these Terms, all licenses granted by the Company will
terminate automatically. Additionally, the Company may suspend,
disable, or delete your Account and/or the Services (or any part of
the foregoing) with or without notice, for any or no reason. If the
Company deletes your Account for any suspected breach of these Terms
by you, you are prohibited from re-registering for the Services under
a different name. In the event of Account deletion for any reason,
the Company may, but is not obligated to, delete any of Your Content.
The Company shall not be responsible for the failure to delete or
deletion of Your Content. All sections which by their nature should
survive the termination of these Terms shall continue in full force
and effect subsequent to and notwithstanding any termination of these
Terms by the Company or you. Termination will not limit any of the
Company’s other rights or remedies at law or in equity.
4. Injunctive Relief. You agree that a breach of these Terms will cause
irreparable injury to the Company for which monetary damages would
not be an adequate remedy and the Company shall be entitled to
equitable relief in addition to any remedies it may have hereunder or
at law without a bond, other security or proof of damages.
5. California Residents. If you are a California resident, in accordance
with Cal. Civ. Code § 1789.3, you may report complaints to the
Complaint Assistance Unit of the Division of Consumer Services 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.
6. Export Laws. You agree that you will not export or re-export,
directly or indirectly, the Services and/or other information or
materials provided by the Company hereunder, to any country for which
the United States or any other relevant jurisdiction requires any
export license or other governmental approval at the time of export
without first obtaining such license or approval. In particular, but
without limitation, the Services may not be exported or re-exported
(a) into any U.S. embargoed countries or any country that has been
designated by the U.S. Government as a “terrorist supporting”
country, or (b) to anyone listed on any U.S. Government list of
prohibited or restricted parties, including the U.S. Treasury
Department’s list of Specially Designated Nationals or the U.S.
Department of Commerce Denied Person’s List or Entity List. By using
the Services, you represent and warrant that you are not located in
any such country or on any such list. You are responsible for and
hereby agree to comply at your sole expense with all applicable
United States export laws and regulations.
7. Miscellaneous. If any provision of these Terms shall be unlawful,
void or for any reason unenforceable, then that provision shall be
deemed severable from these Terms and shall not affect the validity
and enforceability of any remaining provisions. These Terms and the
licenses granted hereunder may be assigned by the Company but may not
be assigned by you without the prior express written consent of the
Company. No waiver by either party of any breach or default hereunder
shall be deemed to be a waiver of any preceding or subsequent breach
or default. The section headings used herein are for reference only
and shall not be read to have any legal effect. The Services are
operated by us in the United States. Those who choose to access the
Services from locations outside the United States do so at their own
initiative and are responsible for compliance with applicable local
laws. These Terms are governed by the laws of the State of
California, without regard to conflict of laws rules, and the proper
venue for any disputes arising out of or relating to any of the same
will be the arbitration venue set forth in Section 9, or if
arbitration does not apply, then the state and federal courts located
in Los Angeles County, California.
8. How to Contact Us. You may contact us regarding the Services or
these Terms by e-mail at legal@plailabs.com.

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