Last Updated: October 20, 2021
Plume Membership and Cloud Services Agreement
This Plume Membership and Cloud Services Agreement is between you and Plume Design, Inc. (“Plume,” “we,” or “us”) and governs your use of Plume’s cloud services, including Plume’s Adapt, Control, and Guard services, the Plume HomePass App, and Plume’s related mobile applications (together, the “Plume HomePass Services”) and your HomePass Membership (“HomePass Membership”) necessary to enable and use those Plume HomePass Services. This Plume Membership and Cloud Services Agreement is a legally binding contract between you and Plume regarding your use of the Plume HomePass Services and your HomePass Membership.
PLEASE READ THE FOLLOWING TERMS CAREFULLY.
- OVERVIEW; RELATION TO OTHER AGREEMENTS
The Plume HomePass Services work in conjunction with Plume’s hardware products (“Plume Product(s)”) and certain third-party hardware products, in a manner designed to improve and give users more control over their internet experience, including by functioning as an adaptive WiFi system. To access and use the Plume HomePass Services, it is necessary to have an active HomePass Membership (see Section 3). These Terms govern your use of the Plume HomePass Services, Plume Products, and your HomePass Membership. Your purchase of any Plume Product and HomePass Membership subscription is governed by the Plume Terms of Sale and, as to the Plume Products, the Limited Warranty. The software embedded in the Plume Products (and any related software updates) (“Product Software”) is licensed and governed by the End User License Agreement. Users interact with and control the Plume HomePass Services via Plume’s Android and iOS mobile applications (the “Plume HomePass App”). For more details on Plume HomePass Services’ features and functionalities, please see Section 3
ACCESS AND USE
- Limited License. Subject to your complete and ongoing compliance with these Terms, Plume grants you, solely for your personal use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use one object code copy of Plume HomePass App obtained from a legitimate marketplace on a mobile device that you own or control; and (b) access and use the Plume HomePass Services in connection with your HomePass Membership.
- License Restrictions.Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Plume HomePass Services; (b) make modifications to the Plume HomePass Services; or (c) interfere with or circumvent any feature of the Plume HomePass Services, including any security or access control mechanism. If you are prohibited under applicable law from using the Plume HomePass Services, you may not use them.
- HomePass Memberships. To use the Plume HomePass Services, it is necessary to have an active HomePass Membership. Please see Section 3 (Homepass Memberships) for additional terms applicable to HomePass Memberships.
- Devices; Software. Use of the Plume HomePass Services may require compatible devices, Internet access, and certain software (fees may apply), may require periodic updates, and may be affected by the performance of these factors. The latest version of required software may be required for certain transactions or features. You agree that meeting these requirements is your responsibility.
- To access most features of the Plume HomePass Services, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name and email address. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and any such password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at [email protected]. Plume reserves the right to limit the number of accounts that may be created from a device and the number of devices associated with an account
- Automatic Updates.Plume may, from time to time, develop patches, bug fixes, updates, upgrades and other modifications (“Updates”) to improve the performance of the Plume HomePass Services (including the Plume HomePass App) and/or the Product Software. These may be automatically installed without providing any additional notice or receiving any additional consent. You consent to this automatic update. If you do not want such Updates, your remedy is to terminate your account and stop using the Plume HomePass Services and the Plume Products. If you do not terminate a previously created account, you will receive Updates automatically. You acknowledge that you may be required to install Updates to use the Plume HomePass Services and the Plume Products and you agree to install any Updates that Plume provides promptly. Your continued use of the Plume HomePass Services and the Plume Products is your agreement to the End User License Agreement with respect to updated Product Software; and any change or updates that Plume may make to these Terms or the End User License Agreement over time.
- Reliability of Services. You acknowledge that the Plume HomePass Services, including remote access and mobile notifications, are not error-free or 100% reliable and 100% available.
Proper functioning of the Plume HomePass Services relies and is dependent on, among other things, the transmission of data through the wi-fi network, enabled wireless device (such as a phone or tablet) and broadband internet access, for which Plume is not responsible, and may be interrupted, delayed, refused, or otherwise limited for a variety of reasons, including insufficient coverage, power outages, termination of service and access, environmental conditions, interference, non-payment of applicable fees and charges, unavailability of radio frequency channels, system capacity, upgrades, repairs or relocations, and priority access by emergency responders in the event of a disaster or emergency (collectively, “Service Interruptions”).
You understand that Service Interruptions may result in the Plume HomePass Services being unreliable or unavailable for the duration of the Service Interruption.
Although we will use commercially reasonable efforts to notify you of Service Interruption (including via the mobile app, email, or through our website), we cannot and do not guarantee that you will receive notifications within any given time, or at all.
YOU AGREE THAT YOU WILL NOT RELY ON THE PLUME HOMEPASS SERVICES FOR ANY LIFE SAFETY OR CRITICAL PURPOSES.
The Plume HomePass Services may be suspended temporarily, without notice, for security reasons, systems failure, maintenance and repair, or other circumstances. You agree that you will not be entitled to any refund or rebate for such suspensions.
Plume does not offer any specific uptime guarantee for the Plume HomePass Services.
- Generally. To use the Plume HomePass Services, it is necessary to have an active HomePass Membership. Plume offers HomePass Membership subscriptions for sale directly to consumers at its online store.
- Purchased from Plume See Virgin Media X Plume HomePass – Terms of Sale
- Transfer and Termination.HomePass Memberships are not transferrable between accounts. Once a HomePass Membership is claimed to an account (e.g., you claim one HomePass Membership to your account in connection with your home network, and you claim a second Plume Member to your account in connection with a second location), that HomePass Membership cannot be transferred to another account with Plume (e.g., to a friend or family member). In addition, to use a Plume Product that was associated with one account with a new or different account, a new or different valid HomePass Membership subscription (including payment of new HomePass Membership subscription fees) will be required to complete the setup of same hardware in connection with the new or different account.
- Passive Service Mode.Following expiration of an active HomePass Membership subscription, the Plume Products and the Plume HomePass App used in connection with that HomePass Membership will function in a limited manner (together, “Passive Service Mode”). Specifically, when functioning in Passive Service Mode: (i) your Plume Products will be restricted to serving as a static home Wi-Fi system and will not receive Plume cloud-enabled performance, security, and usability enhancements; and (ii) the Plume HomePass App features will be restricted to basic network management and Wi-Fi configuration, viewing of Plume Products, and viewing of network devices. Plume Products will continue to receive firmware updates in accordance with Plume’s then-current support policies regardless of HomePass Membership status. To avoid doubt, Passive Service Mode is only available following expiration of an active HomePass Membership acquired directly from Plume and is not available in connection with any Plume hardware that you may otherwise acquire.
The following descriptions of the features and functionalities of the Plume HomePass Services are for informational purposes only, and will not be deemed to be a representation, warranty, or covenant under these Terms or otherwise.
- Adapt. Adapt is designed to manage the home Wi-Fi network and associated WAN connection, including network setup, Wi-Fi configuration, interference management, device connectivity control and optimization of the network backhaul connections for improved performance.
- Control.Control is designed to manage access, content and people in the Plume network. This includes guest access with password control, time of day access restrictions, device access permissions, people profiles creation and management, and content filtering.
- Guard. Guard is designed to monitor and protect devices on the Plume network, including IoT devices, from accessing internet servers or services that may be harmful to the device or user of the network. Common protections can include restricting services known to host crypto-miners, ransomware, phishing sites, malware, key loggers, and botnets.
- Plume HomePass App.Plume HomePass App, available on both iOS and Android platforms, serves as the user interface for the end user to setup, control and monitor all Plume HomePass Services.
- AVAILABILITY. The Plume HomePass Services, or any feature or part thereof, may not be available in all languages or in all countries and Plume makes no representation that the Plume HomePass Services, or any feature or part thereof, is appropriate or available for use in any particular location. To the extent you choose to access and use the Plume HomePass Services, you do so at your own initiative and are responsible for compliance with any applicable laws.
- Terms. We reserve the right to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, we may require that you accept the modified Terms in order to continue to use the Plume HomePass Services. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Except as expressly permitted in this Section 6, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
- Plume HomePass Services. Plume reserves the right to modify or discontinue the Plume HomePass Services at any time (including by limiting or discontinuing certain features of the Plume HomePass Services), temporarily or permanently, without notice to you. To the fullest extent permitted by law, Plume will have no liability for any change to the Plume HomePass Services or any suspension or termination of your access to or use of the Plume HomePass Services.
OWNERSHIP; PROPRIETARY RIGHTS
- Plume HomePass Services. The Plume HomePass Services are owned and operated by Plume. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Plume HomePass Services (“Materials”) provided by Plume are protected by intellectual property and other laws. All Materials included in the Plume HomePass Services are the property of Plume or its third party licensors. Except as expressly authorized by Plume, you may not make use of the Materials. Plume reserves all rights to the Materials not granted expressly in these Terms.
- Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Plume HomePass Services (“Feedback”), then you hereby grant Plume an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Plume HomePass Services and create other products and services.
BY USING THE PLUME HOMEPASS SERVICES YOU AGREE NOT TO:
THIRD PARTY TERMS
- use the Plume HomePass Services for any illegal purpose or in violation of any local, state, national, or international law;
- violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
- interfere with security-related features of the Plume HomePass Services, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Plume HomePass Services except to the extent that the activity is expressly permitted by applicable law;
- interfere with the operation of the Plume HomePass Services or any user’s enjoyment of the Plume HomePass Services, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Plume HomePass Services; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Plume HomePass Services;
- perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Plume HomePass Services account without permission, or falsifying your age or date of birth;
- sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 7) or any right or ability to view, access, or use any Materials; or
- attempt to do any of the acts described in this Section 8, or assist or permit any person in engaging in any of the acts described in this Section 8.
- Third Party Sites and Linked Websites. Plume may provide tools through the Plume HomePass Services that enable you to export information, including User Content, to third party services, including through features that allow you to link your account on Plume with an account on the third party service, such as Twitter or Facebook, or through our implementation of third party buttons (such as “like” or “share” buttons). By using one of these tools, you agree that Plume may transfer that information to the applicable third party service. Third party services are not under Plume’s control, and, to the fullest extent permitted by law, Plume is not responsible for any third party service’s use of your exported information. The Plume HomePass Services may also contain links to third party websites. Linked websites are not under Plume’s control, and Plume is not responsible for their content.
DIGITAL MILLENNIUM COPYRIGHT ACT
- User Content Generally. Certain features of the Plume HomePass Services may permit users to upload content to the Plume HomePass Services, including messages, reviews, photos, video, images, folders, data, text, and other types of works (“User Content”) and to publish User Content on the Plume HomePass Services. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Plume HomePass Services.
- Limited License Grant to Other Users. By providing User Content to or via the Plume HomePass Services to other users of the Plume HomePass Services, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Plume HomePass Services.
User Content Representations and Warranties. Plume disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Plume HomePass Services. By providing User Content via the Plume HomePass Services, you affirm, represent, and warrant that:
- you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Plume and users of the Plume HomePass Services to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Plume, the Plume HomePass Services, and these Terms;
- your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Plume to violate any law or regulation; and
- your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. Plume may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Plume HomePass Services you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Plume with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Plume does not permit copyright-infringing activities on the Plume HomePass Services.
- DMCA Notification.We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Plume HomePass Services, you may contact our Designated Agent at the following address:
Plume Design, Inc.
290 S. California Ave, Ste 200
Palo Alto, CA 94306
Email: [email protected]
Any notice alleging that materials hosted by or distributed through the Plume HomePass Services infringe intellectual property rights must comply include the following information:
Repeat Infringers. We will promptly terminate without notice the accounts of users that we determine by are “repeat infringers”. A repeat infringer is a user who has been notified of infringing activity more than twice or has had user content (e.g., comments) removed from the Plume HomePass Services more than twice.
DISCLAIMERS; NO WARRANTIES.
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of the material that you claim is infringing and where it is located on the Plume HomePass Services;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the use of the materials on the Plume HomePass Services of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
- a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
See Disclaimers; No Warranties” in Virgin Media X Plume HomePass – Terms of Sale.
LIMITATION OF LIABILITY
See “Limitation of Liability” in Virgin Media X Plume HomePass – Terms of Sale.
See “Disputes” in Virgin Media X Plume HomePass – Terms of Sale.
Notice Regarding Apple
You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent.
We may assign these Terms at any time without notice or consent.
The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself.
Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision.
Throughout these Terms the use of the word “including” means “including but not limited to”.
If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
- Governing Law. See “Governing Law” in Virgin Media X Plume HomePass – Terms of Sale.
- Additional Terms. Your use of the Plume HomePass Services is subject to all additional terms, policies, rules, or guidelines applicable to the Plume HomePass Services or certain features of the Plume HomePass Services that we may post on or link to from the Plume HomePass Services, including without limitation, as applicable, the Website Terms, Virgin Media X Plume HomePass – Terms of Sale, and End User License Agreement (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
- Contact Information. The Plume HomePass Services are offered by Plume Design, Inc., located at 290 S. California Ave #200, Palo Alto, CA 94306. You may contact us by sending correspondence to that address or by emailing us at [email protected]. You can access a copy of these Terms by clicking here.
- This Section 16 only applies to the extent you are using our mobile application on an iOS device.
You acknowledge that these Terms are between you and Plume only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Plume HomePass Services or the content thereof.
Apple has no obligation to furnish any maintenance and support services with respect to the Plume HomePass Services.
If the Plume HomePass Services fail to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Plume HomePass Services.
Apple is not responsible for addressing any claims by you or any third party relating to the Plume HomePass Services or your possession and/or use of the Plume HomePass Services, including: (a) product liability claims; (b) any claim that the Plume HomePass Services fails to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation.
Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Plume HomePass Services and/or your possession and use of the Plume HomePass Services infringe a third party’s intellectual property rights.
You agree to comply with any applicable third party terms when using the Plume HomePass Services. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and 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 of these Terms.
You hereby represent and warrant that: (y) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (z) you are not listed on any U.S. Government list of prohibited or restricted parties.