Plume Terms of Sale for Plume Products HomePass and WorkPass Memberships

Last Updated: March 1, 2024

Prior Version: March 31, 2021

Welcome! Plume Design, Inc. (Plume or we) sells, subject to these Plume Terms of Sale (Terms of Sale), Plume Products and Memberships (defined below) to use Plume’s smart-home and enterprise-grade small business Wi-Fi services, all of which are built on self-optimising Wi-Fi technology.

Plume Design, Inc. is incorporated under U.S. law, with a place of business at 325 Lytton Avenue, Palo Alto, CA 94301, USA; telephone number 0808-189-2493 (non-premium rate number); and support@plume.com.

In these Terms of Sale:

• Customer or You means the purchaser of Plume Products and/or a Membership.

• Addendum means the “Addendum for Residents of Belgium, Germany, Switzerland and UK” which is set forth at the end of these Terms of Sale**.**

• App Platform means Apple App Store, Google Play, the Amazon Appstore or another online store through which Plume’s Mobile Apps are made available.

• Customer Supplied Devices or CSD means Wi-Fi extenders, OpenSync-enabled gateways and other on-premise Wi-Fi network equipment other than Plume Products acquired by a Customer.

• HomePass Services means the HomePass Mobile App and related services that deliver self-optimising Wi-Fi technology for home use.

• Membership means a service plan subscription for the HomePass Services or WorkPass Services.

  • For a description of a HomePass Membership, please see HomePass Description.
  • For a description of a WorkPass Membership, please see WorkPass Description.

• Mobile App means Plume’s HomePass mobile application or WorkPass mobile application used in conjunction with the HomePass Services or Work Pass Services. Mobile Apps means both the HomePass Mobile App and WorkPass Mobile App.

• Plume Products means Plume’s SuperPods and related equipment sold in the Store or elsewhere on behalf of Plume.

• Store means Plume’s online store at either HomePass Store or WorkPass Store.

• WorkPass Services means the WorkPass Mobile App and related services that deliver self-optimizing Wi-Fi technology for small businesses.

PLEASE READ THESE TERMS OF SALE CAREFULLY. BY PLACING AN ORDER, YOU AFFIRM TO PLUME THAT:

• YOU ARE LEGALLY COMPETENT TO ENTER INTO AND BE BOUND BY A CONTRACT.
• YOU UNDERSTAND AND AGREE TO THESE TERMS OF SALE
• YOU UNDERSTAND AND AGREE TO THE EU LIMITED WARRANTY.
• YOU HAVE READ AND UNDERSTAND THE SAFETY POLICY.

For information on how Plume collects, uses and shares personal information, please see the Plume Privacy Policy. You acknowledge and consent to the processing of your personal information as described in the Plume Privacy Policy.

IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF SALE, PLEASE DO NOT MAKE A PURCHASE OF A MEMBERSHIP OR PLUME PRODUCTS.

PLEASE SEE THE ADDENDUM AT THE END OF THESE TERMS OF SALE FOR ADDITIONAL CONDITIONS AND RESTRICTIONS THAT MAY APPLY TO YOU.

1. Geographic Restrictions

These Terms of Sale apply to Customers located in Belgium, Germany, Switzerland and the UK. You are solely responsible for complying with applicable local laws in any other jurisdiction. To the fullest extent permitted by law, Plume hereby disclaims all responsibility or liability for any damage or loss caused by purchase and use of Plume Products and Memberships under these Terms of Sale by individuals outside Belgium, Germany, Switzerland or the UK. If you are in a jurisdiction outside Belgium, Germany, Switzerland or the UK, please refer to Plume Legal Directory.

2. Accounts

To activate a Membership, you must create a Plume account. To create an account, you must (i) choose a username and password (Account Credentials); (ii) provide true, accurate, current and complete information and maintain that information as accurate, current and complete; and (iii) use appropriate safeguards to maintain the confidentiality and security of Account Credentials. You are solely responsible for using appropriate safeguards to maintain the confidentiality and security of your Account Credentials, and you accept responsibility for all activities that occur using your Account Credentials. If you believe that your account is no longer secure, please immediately notify Plume at support@plume.com.

3. Pricing and Availability

Pricing is confirmed during the order process. You agree to pay the price stated during the ordering process as well as any applicable taxes. Applicable taxes may vary and Plume may not be able to notify you in advance of changes in applicable taxes. You also agree to the billing frequency and automatic renewal terms during your ordering process. You are responsible for your Internet Service and all fees and similar charges from third-party service providers.

Prices for the Plume Products include applicable VAT and standard shipping costs but expedited shipping is subject to an additional charge unless otherwise stated during your ordering process. Prices and shipping costs are subject to change at any time, but changes will not affect an order already confirmed by an Order Confirmation (defined in Section 4.2.3 below). In case of any change after you have placed an order but prior to receiving an Order Confirmation, we will inform you of such changes and request that you re-confirm your order on the amended terms.

We reserve the right to modify pricing for the Plume Products but modifications will not affect any purchase already confirmed. Your eligibility for promotional pricing or other discounts is determined at the time of the order and is not applied retroactively.

We reserve the right to change the pricing, availability and features of Memberships. Changes will not affect any order already confirmed by an Order Confirmation. If Plume changes the pricing, availability and features of your current Membership, Plume will provide 30 days’ prior notice and you may cancel your Membership at any time.

4. Purchases

4.1 Where to Purchase.

4.1.1 HomePass Services. You may purchase a Membership for the HomePass Services through the HomePass Mobile App, where such purchase is billed through the App Platform and subject to the App Platform’s terms and conditions (In-App Purchase).

4.1.2 WorkPass Services. You may purchase a Membership for the WorkPass Services through the Store.

4.1.3 Plume Products. You may purchase Plume Products through the Store. The HomePass Mobile App also includes a link to the Store for you to purchase Plume Products.

4.2 Store Purchases.

4.2.1 To make a purchase through the Store (Store Purchase), please select the items you wish to purchase and then follow the on-screen prompts. Plume will acknowledge receipt of your order by an automatically generated email from Plume and provide you with an order reference number.

4.2.2 All orders are subject to acceptance. Plume is not obligated to accept your order and may, at our discretion, decline to accept your order. You acknowledge that by clicking on the “Place Order and Pay” button, you are agreeing to pay for the Plume Products and/or WorkPass Membership set forth on the order.

4.2.3 If Plume accepts your order, Plume will confirm acceptance by sending you an automatically generated confirmation email including an estimated delivery date (Order Confirmation). The contract between you and Plume in relation to the Plume Products and/or WorkPass Memberships set forth on the order (Contract) is formed when Plume sends you the Order Confirmation. Please see the Addendum to learn about your statutory rights depending on where you reside. The Contract will relate only to the Plume Products and WorkPass Memberships in the Order Confirmation. We are not obligated to supply other Plume Products or WorkPass Memberships that were part of an order until confirmed in an Order Confirmation. Store Purchases of Plume Products are subject to availability.

4.2.4 Plume may limit or cancel quantities purchased per person, per email address, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card and/or orders that use the same billing and/or shipping address.

4.2.5 If Plume makes a change to or cancels an order before the Order Confirmation, we will notify you by email and/or the other contact information provided at the time the order was made and will request that you re-confirm your order on the amended terms. We reserve the right to limit or prohibit an Order that, in our sole judgment, appears to be placed by any dealer, reseller or distributor.

4.2.6 Plume reserves the right to withdraw from the Contract if Plume Products or all or any part of the Plume Services are not available due to issues with contracted manufacturers or suppliers associated with the Plume Products in the Order and Plume is not responsible for the non-delivery. We will inform you as soon as possible about the unavailability and reimburse you immediately.

5. Payment

5.1 Plume will process your purchase as promptly as possible. Plume accepts major credit cards (and other payment methods if made available during the purchase process).

5.2 By providing payment information to Plume, you agree that the payment information is valid, that you are authorised to use that payment information and that you authorise Plume, Plume’s third-party payment processor or the App Platform to charge your payment information for the total amount of your order (including applicable taxes and other additional charges due and payable). Unless expressly specified otherwise in these Terms of Sale, all charges are nonrefundable.

5.3 Unless prohibited or restricted by applicable law, Plume or the applicable third party (such as an App Platform or third-party credit card processor) may seek pre-authorisation prior to your purchase to verify that payment method is valid and has the necessary funds or credit available to cover your purchase. Plume’s current third-party credit card processors are Shopify and Stripe. Shopify Terms and Stripe Terms apply to payments through the Store.

5.4 If Plume cannot verify your payment method or if it is invalid or otherwise not accepted, your order and/or Membership will be terminated. If you believe your order or Membership was terminated in error, please contact the App Platform (for your HomePass Membership) or Plume at orders@plume.com.

5.5 Plume may receive updated credit card information (i.e., a new credit card number or updated expiration date) for your Membership’s automatic renewal payments from your credit card issuer. Your credit card issuer determines whether to provide the updated credit card information to us and Plume is not responsible for this determination. You must contact your credit card issuer to opt out of this process. If you want to change or update payment information associated with your Order, please contact Plume at orders@plume.com.

6. Memberships and Automatic Renewals

6.1 Memberships are automatically renewing and require recurring payments at the stated frequency (a Subscription Period). WHERE PERMITTED BY APPLICABLE LAW, YOUR MEMBERSHIP WILL CONTINUE UNTIL YOU CANCEL OR UNTIL PLUME DECLINES TO RENEW YOUR MEMBERSHIP. PLEASE SEE THE ADDENDUM FOR MORE DETAILS ABOUT YOUR CANCELLATION RIGHTS.

6.1.1 For HomePass Memberships: The Subscription Period is monthly for HomePass Memberships. For first-time Customers only, the first month of your HomePass Membership (Promotional Period) is provided at no charge. Your Promotional Period begins on the date that you activate your Membership by connecting your account to your Plume Products or CSD.

At the end of the Promotional Period, your Membership automatically converts to an automatically renewing monthly paid Membership unless you cancel your Membership in accordance with Section 6.3.

YOUR APP PLATFORM WILL AUTOMATICALLY CHARGE YOUR APP PLATFORM ACCOUNT FOR YOUR MONTHLY HOMEPASS MEMBERSHIP FEE AT THE STATED PRICE (PLUS ANY APPLICABLE TAXES OR OTHER FEES DISCLOSED TO YOU) UP T0 24 HOURS PRIOR TO THE START OF EACH SUBSCRIPTION PERIOD.

The App Platform reports In-App Purchases to Plume. You can cancel your HomePass Membership at any time with the App Platform. Plume cannot initiate, cancel, or refund an In-App Purchase on your behalf. Plume can, however, turn off your HomePass Membership after you cancel through the App Platform.

6.1.2 For WorkPass Memberships: The initial Subscription Period is 12 months for WorkPass Memberships. You authorise Plume to charge your first Membership fee and applicable taxes on or after the date you purchase your Membership. During the initial Subscription Period, you may cancel your Membership with at least one month’s notice to Plume prior to the end of the Subscription Period in accordance with Section 6.3 below. If you do not cancel, then your WorkPass Membership is automatically renewed on a month-to-month basis and you authorise Plume to automatically charge you. Either you or Plume can terminate the WorkPass Membership upon one month’s prior notice.

6.2 Memberships Are Not Transferrable. Once a Membership is associated with an account (e.g., you associate one Membership for HomePass Services to your account and another Membership to your account for your use of the WorkPass Services in your business), you cannot transfer your Membership to another Plume account, including to a family member’s account. In addition, to use a Plume Product or CSD that was associated with one Plume account with a new or different Plume account, a new or different Membership is required to complete the setup of Plume Products or CSD.

6.3 Membership Cancellation or Termination. EXCEPT AS OTHERWISE STATED IN THESE TERMS OF SALE OR AS REQUIRED BY APPLICABLE LAW, THE MEMBERSHIP FEE IS NONREFUNDABLE. If you cancel your Membership before the end of a Subscription Period, you are not entitled to receive any refund or credit for the time remaining in the then-current Subscription Period but you will continue to receive Membership benefits until the end of that Subscription Period.

6.3.1 For HomePass Memberships: You must cancel your HomePass Membership with the App Platform. You must cancel before the next Subscription Period starts to avoid charges for that Subscription Period, i.e., cancellation only applies to future charges associated with your Membership as set forth in the App Platform’s terms. You will not receive a refund for the current Subscription Period, but you will continue to receive the Membership benefits until the end of the Subscription Period. If you fail to pay your HomePass Membership fee for any Subscription Period, your HomePass Membership will terminate at the end of the grace period established by the App Platform’s terms (Grace Period). You may reactivate your Membership at any time with the App Platform. Reactivation will occur within approximately 24 hours and will restore the functionality of HomePass Services and your Plume Products or CSD (as applicable) in accordance with the Membership that you purchase upon reactivation.

6.3.2 For WorkPass Memberships: You must cancel your WorkPass Membership with Plume by contacting Plume Customer Support or as set forth in the Addendum. You must cancel at least one business day before the next Subscription Period starts to avoid charges for that Subscription Period, i.e., cancellation only applies to future charges associated with your Membership. You will not receive a refund for the current Subscription Period, but you will continue to receive the Membership benefits until the end of the Subscription Period. Plume may suspend or terminate access to your WorkPass Membership if your WorkPass Membership is not paid when due. You may reactivate your WorkPass Membership at any time by contacting Plume Customer Support. Reactivation will restore the functionality of Work Pass Services and Plume Products in accordance with the Membership that you purchase upon reactivation.

6.3.3 Statutory Rights of Cancellation. Please see the Addendum for information about your statutory rights of cancellation. The terms in this Section 6.3 do not supersede the terms of the Addendum.

6.3.4 Other Sellers. If you purchased a HomePass Membership or WorkPass Membership from a seller other than Plume, please contact that seller in connection with cancellation. Plume cannot process cancellations of Memberships not purchased from Plume.

6.3.5 Basic Service Mode for HomePass Services: Following a HomePass Membership termination expiration in accordance with the applicable Grace Period, the Plume Products and the HomePass Services used in connection with your HomePass Membership will function in Basic Mode. When in Basic Mode, your HomePass Network (as defined in the HomePass Service Terms) is static and will not receive performance enhancements and Updates (as defined in the Terms of Service) and the features of the HomePass App are restricted to basic management and viewing of devices connected to the HomePass Network. Plume Products will continue to receive firmware updates in accordance with Plume’s support policies regardless of your HomePass Membership status. Basic Mode is not available if you never activate a Membership. Basic Mode may not be available for Plume Products and CSD purchased from a Plume Partner or other third party. If you receive your HomePass Membership through a Plume Partner, please review your agreement with the Plume Partner for details about Basic Mode.

7. Returns of Plume Products

7.1 If, for any reason, you want to return a Plume Product, you must notify us no later than thirty (30) days after the shipper confirms to Plume the delivery of the Plume Product to the shipping address in your Order Confirmation or 14 days after you, or a third party (other than the carrier) designated by you, takes physical possession of the Plume Product, whichever is later (Cancellation Period). To initiate a return, you must inform Plume before the end of the Cancellation Period by contacting Plume Customer Support (for example, here or as described in the Addendum. When you contact Plume, you must clearly state your desire to return the Plume Product, complete the return form available here or as described in the Addendum, and then submit the form to Plume (such as through Customer Support). Although it will not affect your right to a refund, please include details on how and when you purchased the Plume Product(s) and your reason for returning the Plume Product(s).

7.2 Upon receipt of your completed return form, Plume Customer Support will provide you with a Return Materials Authorisation (RMA). Please include your RMA with your return shipment to Plume so that Plume can identify your shipment with a return address. If you purchased a Plume Product from a seller other than Plume, please contact that seller in connection with returns and refunds as Plume cannot process returns and/or refunds for Plume Products not purchased from Plume.

7.3 You have a legal obligation to take reasonable care of the Plume Product(s) in your possession during the Cancellation Period and prior to dispatching your Plume Product(s) back to Plume. If you fail to comply with this obligation, we may have a right to deduct from the refund to which you are otherwise entitled the cost of any deterioration (due, for example, your use of the Plume Products) caused by your handling them in a way which goes beyond what is necessary to establish their nature, characteristics and functioning, as determined in our sole discretion, up to the price of the Plume Product(s).

7.4 To receive a refund, you must return your Plume Product(s) (and any promotional merchandise supplied with the Plume Product(s)) with an RMA no later than fourteen (14) days after the date on which you notify Plume Customer Support in accordance with Sections 7.1 and 7.2. Unless the Plume Product is faulty or not as described, you are responsible for all costs associated with returning the Plume Product to us (including uninstallation and the cost of shipping the Plume Product(s) back to Plume). Plume may, as a courtesy, choose to include return shipping labels at our discretion.

7.5 Plume will refund the price you paid for the Plume Product plus original shipping charges. If you purchase a Plume Product bundle (multiple Plume Products sold together at a discount) (Bundle) and you return only part of the Bundle, we will subtract the total Bundle discount from your refund. If you received any promotional or other discount when you paid, any refund will only reflect the amount you actually paid. Any unused portion of a Promotional Period, if offered, is forfeited.

7.6 We will process the refund due to you as soon as possible and, in any case, within thirty (30) days after the date of receipt by Plume of the returned Plume Product (unless a shorter time is required by law or set forth in the Addendum.

7.7 If any Plume Product you ordered is damaged or faulty when delivered to you or has developed a fault, you may have one or more legal remedies available to you, depending on when you make Plume aware of the problem, in accordance with your legal rights. If you believe a Plume Product was delivered damaged or faulty or has developed a fault, you should inform us as soon as possible, preferably in writing, giving your name, address and order reference.

8. Shipping And Delivery

Plume will ship Plume Products in the manner and to the address indicated on the Order Confirmation. The estimated arrival or delivery date is not a guaranteed delivery date. Refused deliveries will be returned to our warehouse.

9. Resale; Title Transfer; Freight Forwarding

Title for Plume Products passes to the purchaser at the time of delivery to the shipment address set forth on the Order Confirmation. Plume and/or the delivery carrier are responsible for any loss or damage that occurs when the Plume Product is in transit from Plume to the shipping address set forth on the Order Confirmation. Plume has no responsibility for damages caused by or during any forwarding requested by you from the shipping address on the Order Confirmation to any other location. If Plume provides replacement Plume Products due to damage during shipment to the shipment address, Plume has no obligation to deliver those replacement Plume Products to any location outside the country of the original shipment address in your original Order Confirmation.

10. Modification of These Terms of Sale

10.1 We reserve the right to change these Terms of Sale. Changes to these Terms of Sale will apply to all new orders placed after the “Last Updated” date at the beginning of the Terms of Sale. Please see the Addendum for details about your statutory rights. If the Addendum does not describe specific rights under local law, Plume will provide you with 30-days’ prior written notice of the modification to these Terms of Sale. If a change to these Terms of Sale modifies your rights or obligations for a pending order or current Membership (including pricing), or if you do not wish to accept the modified Terms of Sale, you have the right to cancel your Membership prior to the end of that 30-day notice period. Otherwise, the modified Terms of Sale will become effective upon your acceptance or thirty (30) days after notifying you, whichever is earlier.

10.2 Disputes arising under these Terms of Sale will be resolved in accordance with the version of these Terms of Sale that was in effect at the time the dispute arose.

11. Disclaimers

The disclaimers in this Section 11 apply to the maximum extent permitted by law. Please see the Addendum at the end of the Terms of Sale below to learn more about whether these disclaimers apply to you depending on where you reside.

We do not disclaim any right that we are prohibited from disclaiming under applicable law. If any disclaimer conflicts with applicable law, the scope of the applicable disclaimers will be the minimum permitted under that law.

Except as expressly stated in the Limited Warranty and the Addendum, THE PLUME PRODUCTS, MEMBERSHIPS AND STORE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE STORE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS.

PLUME AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, LICENSORS, AFFILIATES, SUBSIDIARIES AND AGENTS (TOGETHER, THE PLUME ENTITIES) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE STORE AND ALL CONTENT AVAILABLE THROUGH THE STORE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE PLUME ENTITIES DO NOT WARRANT THAT THE STORE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND PLUME DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

With respect to Plume Products, you may choose whether to make a claim under these Terms of Sale, the Limited Warranty or both, but you may not recover twice in respect of the same loss. To initiate a return under the Limited Warranty for your Plume Product, you should contact Plume in accordance with the procedures set forth in the Limited Warranty.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SALE OUTLETS OR THE PLUME ENTITIES WILL CREATE ANY WARRANTY REGARDING ANY OF THE PLUME ENTITIES OR THE SALE OUTLETS THAT IS NOT EXPRESSLY DESCRIBED IN THESE TERMS OF SALE. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF THE STORE. YOU UNDERSTAND AND AGREE THAT YOU ACCESS THE STORE AND APP PLATFORM AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE STORE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.

All Plume Products and Memberships purchased through the Store are provided on an “as-is” basis unless otherwise noted in the Limited Warrantyor the specific terms applicable to the Membership, as applicable. With respect to Plume Products, you may choose whether to make a claim under these Terms of Sale, the Limited Warranty or both, but you may not recover twice in respect of the same loss. To initiate a return under the Limited Warranty for your Plume Product, you should contact Plume in accordance with the procedures set forth in the Limited Warranty.

You use Plume Products and Memberships at your own discretion and risk. Unless otherwise provided under applicable law, you are solely responsible for (and Plume hereby disclaims) all loss, liability or damages resulting from your use of a Plume Product and/or Membership, including damage or loss to your Plume Product, other peripherals connected to the Plume Product, computer, mobile device, and all other items in your home.

12. Limitation Of Liability

PLEASE SEE THE ADDENDUM TO LEARN MORE ABOUT WHAT LIMITATIONS OF LIABILITY APPLY TO YOU DEPENDING ON WHERE YOU RESIDE.

WE DO NOT LIMIT OR EXCLUDE ANY LIABILITY THAT IS PROHIBITED FROM BEING LIMITED OR EXCLUDED UNDER APPLICABLE LAW. TO THE EXTENT ANY LIMITATION OR EXCLUSION IN THESE TERMS OF SALE CONFLICTS WITH APPLICABLE LAW, THE LIABILITY OF THE PLUME ENTITIES WILL BE THE MINIMUM PERMITTED UNDER THAT LAW.

EACH PROVISION OF THESE TERMS OF SALE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS OF SALE BUT THEY ARE NOT APPLICABLE WHERE PROHIBITED BY APPLICABLE LAW. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS OF SALE. THE LIMITATIONS IN THIS SECTION 12 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

13. Dispute Resolution

13.1 Governing Law: If you are a consumer, these Terms of Sale shall be governed by, and any dispute relating to them shall be resolved under, the laws of the courts of your usual place of residence. If any issue in dispute is not addressed by the laws of the courts of your usual place of residence, then these Terms of Sale are governed by the laws of the State of California.

13.2 ODR Platform: In the European Union, a consumer may resort to extra-judicial means to deal with complaints and claims. A platform for an EU-wide online dispute resolution system for disputes between consumers and businesses is available at http://ec.europa.eu/consumers/odr (ODR platform). The ODR platform is an interactive, multilingual website with a one-stop shop for consumers and businesses seeking out-of-court resolution of a dispute concerning contractual obligations arising from an online sales or service contract. Plume is not obliged to participate in a dispute resolution procedure before a consumer arbitration board.

14. Miscellaneous

14.1 General Terms. These Terms of Sale, together with any other agreements expressly incorporated by reference into these Terms of Sale, are the entire and exclusive understanding and agreement between you and Plume regarding your use of the Store. You may not assign or transfer these Terms of Sale or your rights under these Terms of Sale, in whole or in part, by operation of law or otherwise, without Plume’s prior written consent. We may assign these Terms of Sale 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 of Sale, or any provision of these Terms of Sale, be a waiver of any subsequent breach or default or a waiver of the provision itself. If any part of these Terms of Sale is held to be invalid or unenforceable for any reason, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. You and Plume are independent contractors in the performance of every part of these Terms of Sale. Nothing in these Terms of Sale is intended to create or shall be construed as creating an employer-employee relationship or a partnership, agency, joint venture or franchise. You and Plume are and will be solely responsible for your/its respective employees and agents and respective labour costs and expenses arising in connection with those employees and agents. Use of section headers in these Terms of Sale is for convenience only and will not have any impact on the interpretation of any provision.

14.2 Privacy Policy. Please read the Plume Privacy Policy carefully for information relating to our collection, use, storage, disclosure of your personal information. The Plume Privacy Policy is incorporated by this reference into, and made a part of, these Terms of Sale.

14.3 App Platform Terms. Your use of an App Platform is subject to all additional terms, policies, rules or guidelines applicable to the App Platform.

14.4 Consent to Electronic Communications. The communications between you and Plume may use electronic means. Except when prohibited by applicable law, you (a) consent to receive communications about these Terms of Sale from Plume in an electronic form (email) to the email address you provide to us; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Plume provides to you by email satisfy any legal requirement that for written such communications.

14.5 Events outside Plume’s Control. Plume is not responsible for anybreach of these Terms of Sale that is beyond Plume’s control, including action or inaction of governmental, civil or military authority; fire; strike, lockout or other labour dispute; flood, terrorist act; war; riot; theft; pandemic, epidemic, earthquake and other natural disaster. Plume shall take all reasonable actions to minimise the consequences of any such cause.

15. HOW TO CONTACT PLUME
We understand that these Terms of Sale contain a lot of information to read and understand. If you have questions, please contact Plume at support@plume.com.

A Customer who is notified of a change pursuant to Section 3 or Section 10 will have the right to terminate the contractual relationship with Plume without compensation.

For Plume Products and Memberships purchased by Consumers, these Terms of Sale are supplemented as follows:

(A) RIGHT TO WITHDRAW / RETRACT. In application of applicable EU or UK consumer law: If you are a consumer who has purchased Plume Products or Membership in the Store, you have the legal right to withdraw from the Membership without giving any reason within fourteen (14) days.

(i) The legal cancellation period expires by law (a) for Plume Products, fourteen (14) days after the date that you (or a third party other than the carrier designated by you) takes physical possession of the last Plume Product subject to the same Order and (b) for a Membership, fourteen (14) days after the date of entry in the Contract (i.e., date of Order Confirmation).

(ii) To exercise the right of cancellation, you must notify us of your decision to retract/withdraw from the Contract by means of an unambiguous statement (e.g., letter sent by post, fax or email to support@plume.com). You can use Plume’s cancellation form or the template provided below but using these methods is not mandatory.

(iii) For the cancellation period in (A)(i) above to be honoured, you must send Plume your communication relating to the exercise of the right of cancellation before the expiration of that cancellation period. Please include details of how and when you purchased the Plume Product and your reason for returning the Plume Product, although these details are not required by law and not including these details will not affect your right to a refund.

(iv) Plume will provide you with a Return Material Authorisation (RMA) to include with your return shipment to Plume so that Plume can identify your shipment and provide a return address.

(B) EFFECT OF WITHDRAWAL. If you exercise the right to withdraw set forth above (A)(i), we will refund all payments received from you for Plume Products, including delivery costs (except for additional costs arising from the fact that you have chosen, where applicable, a more expensive method of delivery than the least expensive delivery method proposed by Plume) without undue delay and, in any event, no later than fourteen (14) days from the day on which we are informed of your decision to cancel. We may defer the refund until we have received the Plume Products or until you have provided proof of dispatch of the Plume Products to Plume, whichever date is earlier.

(i) We will make the reimbursement using the same means of payment as you used for the initial transaction unless you expressly agree to a different means. This reimbursement will not incur any costs for you.

(ii) You must return the Plume Products to us without undue delay and, in any case, no later than fourteen (14) days after you have communicated to us your decision to withdraw. This deadline is deemed to be respected if you return the Plume Products before the expiration of the fourteen (14) day period.

(iii) Unless the Plume Product is defective or does not conform to the description, you will have to cover the direct costs of returning the Plume Product. These costs are estimated at a maximum of approximately EUR 20 or GBP £20. Plume may, as a courtesy, include return shipping labels at its sole discretion.

(iv) You have a legal obligation to protect the Plume Product in your possession before requesting a refund. If you fail to comply with this obligation, we may deduct the cost of any damage up to the price of the Plume Product, which is deducted from the refund you received. This deduction is only incurred from damage other than use necessary to establish the nature, characteristics and proper functioning of the Plume Product.

(v) If a Plume Product that you order is damaged or defective when delivered to you or if a defect has arisen, you may have one or more legal remedies available to you, depending on when you notify us of the problem, in accordance with your rights legal. If you believe that a Plume Product has been delivered damaged or faulty or that a defect has arisen, you must notify us as soon as possible, preferably in writing, giving your name, address and the reference number of your order.

CONSUMERS IN BELGIUM

The Terms of Sale are subject to the provisions of the legal guarantee against defective goods and services applicable in Belgium and which are described below.

CONSUMERS IN GERMANY

Section 8

The 2nd sentence does not apply.

Section 10

Amendments to these Terms of Sale will be offered to you at least six (6) weeks before the proposed date on which they are effective. The amendments are only effective if you accept them. Your silence shall only be deemed acceptance of the offer of amendment (fictitious consent) if the offer of amendment is made to comply with a mandatory change in the legal situation and You have not rejected our offer of amendment before the proposed date of entry into force of the amendments. We will draw your attention to the consequences of your silence in the amendment offer. The fiction of consent does not apply to changes that affect the main performance obligations of the contract and the fees for main services, as well as to changes that are aimed at a payment from you, are equivalent to the conclusion of a new contract, or would significantly shift the previously agreed ratio of performance and consideration in our favour. If we make use of the fiction of consent, you may terminate the contract affected by the change without notice and free of charge before the proposed date of entry into force of the changes. We will specifically point this out to you in our amendment offer.

Section 11 (Disclaimers) and Section 12 (Limitation of Liability)

Plume excludes its liability for slightly negligent breaches of duty, insofar as this does not affect damages resulting from injury to life, limb or health or guarantees or claims under the Product Liability Act; furthermore, liability for the breach of obligations whose fulfilment is essential for the proper execution of the Contract and on whose compliance, you may regularly rely remains unaffected. The same applies to breaches of duty by our vicarious agents.

Section 13

The competent courts are those designated by the rules of German civil procedure as competent in consumer matters and the consumer can choose the jurisdiction of the place of the consumer’s residence at the time of the conclusion of the contract or the occurrence of the harmful event.

CONSUMERS IN SWITZERLAND

Section 11 (Disclaimers) and Section 12 (Limitation of Liability)

Any disclaimers or exclusion of liability caused by unlawful intent and gross negligence as well as for damages subject to the Swiss Product Liability Act and for bodily injury and death are not valid in Switzerland.

CONSUMERS IN THE UK

Our Liability To You

Despite any wording in these Terms of Sale that may state otherwise, we are responsible for losses that you suffer which are caused by us breaking these Terms of Sale, unless this loss is:

• Unexpected: This means that it was not obvious that it would happen and nothing you said to us before we accepted your Order meant that we should have expected it (in law, the loss was “unforeseeable”).

• Caused by a delaying event outside our control. As long as we have taken the steps set out in Section 14.5.

• Avoidable. Something that you could have avoided by taking reasonable action. For example, damage to your Plume Product which you could have avoided by following our advice to apply a free update or by correctly following user instructions.

• A business loss. We are not liable or responsible for any loss you suffer in connection with your trade, business, craft or profession.

Standard of Plume Products

Under English consumer law, the Plume Products must be as described, fit for purpose and of satisfactory quality.

During the expected lifespan of your Plume Products, your legal rights entitle you to the following: (i) up to 30 days: if your goods are faulty, then you can get a refund; (ii) up to six months: you are entitled to repair or replacement within a reasonable time, and if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases; (iii) up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.

We do not disclaim any of these requirements. Aside from the exceptions set out in the ‘Our Liability To You’ section immediately above, we do not limit our responsibility for losses that you suffer that are caused by us failing to fulfil these requirements.

In relation to any services that we provide to you, we will provide these with reasonable care and skill and in accordance with the information that we have provided to you. If we fail to meet these obligations, our liability to you will be limited to the amount that you have paid for those services.

Price variation

In relation to our right to change the pricing for a Membership that you purchased, as set out in these Terms of Sale, in addition to providing you with 30 days’ prior notice of this change, you will have right to cancel your Membership within this notice period prior to the change in price taking effect.