Plytix Terms and Conditions

Last Updated: May 26, 2025

Thanks for using Plytix! Please read through these Terms & Conditions (“Terms”) and check the Definitions section below if you are unsure about the meaning of any references used.

These Terms apply to all users of the Platform. By indicating your acceptance, including electronically signing the quote referencing these Terms sent via the HubSpot platform or through any other legal method, you enter into a legally binding agreement with Plytix (“Agreement”) and fully agree to these Terms.

You further confirm that you have the legal authority to act on behalf of the Company and bind the Company to this Agreement, and that you consent to the use of electronic or digital signatures and waive any rights to require non-electronic signatures or records, to the extent permitted by applicable law. If you identify any errors in your provided information, you may contact us for corrections. If you have a separate Master Hosted Services Agreement with Plytix covering your use of the Platform, the terms of that agreement will govern.

1. Definitions

Here are some definitions that apply to this Agreement:

“Account” means an account on the Platform.

“Anonymous Data” means data that has been anonymized so that the Customer isn’t identified as the source of that data and cannot be re-identified in any way.

“Confidential Information” means any confidential information disclosed by a Party to the other Party that is confidential in nature or is directly disclosed as confidential, whether  written or spoken, including but not limited to, trade secrets, business plans, and technical data.

Confidential Information does not include information which is: (i) already known by Plytix and not required to be kept confidential by the Customer; (ii) independently developed by Plytix; (iii) publicly available, (iv) rightfully disclosed to Plytix from a third party that is not required to keep the information confidential; (v) approved for release by written agreement with the Customer; or (vi) Anonymous Data.

“Customer” or “you” means the company, organization, or legal entity linked to the account that enters into this Agreement with Plytix.

“Documentation” means the manuals, specifications, FAQs, and other written and electronic materials created with the purpose to describe the functionality, features, operating characteristics, maintenance, and use of the Platform. These materials are provided by Plytix and are solely owned by Plytix for all intellectual property purposes.

“Party” means either of Customer or Plytix and “Parties” means both of Customer and Plytix.

“Payment Terms” means the fees applicable to your Subscription Plan.

“Platform” means Plytix’s cloud-based product information management platform, currently called “Plytix,” including any cloud-based elements, modules, the relevant functionality, content (excluding Customer-Supplied Content), concepts, features, and related documentation. This also includes all updates and customizations.

“Plytix”, “we”, or “us” refers to Plytix.com Inc., Plytix.com ApS, or Plytix S.L., depending on your location and the specific relationship established with you. For more information about each Plytix entity, including their addresses and tax identification numbers, please refer to our Legal Notice on the Site.

“Privacy Policy” means Plytix’s Privacy Policy. The Privacy Policy may be updated by Plytix from time to time. The current version is available on the Site.

“Services” means all services provided or made available to the Customer by Plytix under this Agreement or any Subscription Plan. These services include but aren’t limited to the access and functionality of the Platform and the Support Services.

“Site” means https://www.plytix.com and any other website(s) offered by Plytix.

“Subscription Plan” means the type of subscription that Customers may sign up for in order to access the Platform.

“Support Services” means the services described in Section 4.

“User” means one of the Customer’s employees, representatives, and any other individual permitted by the Customer to access the Platform. These Users typically will be in connection with the Customer’s business or educational affairs.

Account

2. Subscription Plans

2.1.  Services. Plytix offers Customers access to the Platform. Customers are granted access to the Platform via either a Free Subscription Plan or a variety of Paid Subscription Plans. Subscription Plans may vary in their terms such as the level of Platform functionality available to Customers, the fees charged to Customer, and the timing of fees charged to Customer. Subscription Plans are listed and described further on our pricing page.

2.1.A. Free Subscription Plan. This Subscription Plan comes with a free Account (“Free Subscription Plan”). With a Free Subscription Plan, you will have access to limited Platform functionality. To see all that our Free Subscription Plan has to offer, go to our pricing page. Our Free Subscription Plan includes email and chat support as listed in Section 4.

2.1.B. Paid Subscription Plans. This Subscription Plan requires payment for the Account (“Paid Subscription Plan”). We offer a variety of Paid Subscription Plans. See what each Paid Subscription Plan includes on our pricing page. Our Paid Subscription Plans receive full Support Services as listed in Section 4.

3. Access and Availability

3.1. Legal age. Our Site, Platform and Services are intended for and designed for use by individuals of legal age.

3.2. Authorized Users. Users with confirmed email addresses and access to at least one Account may access the Platform. Customer is responsible for all actions taken by its Users on the Platform, including compliance with these Terms. You acknowledge that any User should be presented with and agree to these Terms and the Privacy Policy before using our Platform. You and your Account administrators and owners are fully responsible for notifying Plytix immediately of any unauthorized use of your Accounts. You should also notify us about any other known or suspected breaches of security. Plytix is not liable for any damages, losses, or liabilities arising directly or indirectly from unauthorized use of your Accounts or your failure to report security breaches in a timely manner.

3.3.  Availability. We will make all reasonable efforts necessary to ensure that the Platform is available to you based on the terms of your Subscription Plan. In the case that we fail to provide the services of our Platform outlined in these Terms, you will receive a credit. See Service Levels in Exhibit A for more information on Service failures and credits.

3.4.  Suspension. We have the right to suspend any Account if (i) you are using the Platform or Services in a way that breaks this Agreement or the law; (ii) your system or Account has been compromised or unlawfully accessed; (iii) the infrastructure of our Platform needs to be protected by suspending the Platform or Services; (iv) the law requires suspension; or (v) you fail to pay your Subscription Fees after the fourth payment failure warning.

4. Support Services

If you have a Free Subscription Plan, you have access to our email and chat support. If you have a Paid Subscription Plan, you will receive access to our email and chat support, as well as a “Customer Success Manager” who is available for unlimited virtual one-on-one meetings upon request.

4.1 Email and Chat Support. Email and chat responses are available during working hours only. We typically respond to email and chat support questions within 8 working hours; in practice, our responses are generally even faster. We do not promise or guarantee any specific response time. We may limit or deny your access to support if we find, in our reasonable discretion, that you are acting in a way that results or has resulted in misuse of support or abuse of the Plytix support team. Such limitation or denial of support access does not constitute a breach of this Agreement or a failure by Plytix to perform its obligations under this Agreement.

To access our email support, please reach out to help@plytix.com or through the contact form in the “Contact Us” section of the Site. To access our chat support, please find the chat box at the bottom right-hand corner of our Site or in our “Resource Hub” on the top bar near the User profile section. We accept email and chat support questions 24 hours a day, 7 days a week.

4.2 Customer Success Manager. “Customer Success Managers” are available as communicated directly to you by them. They are available by contacting their direct email address or through their calendar link. Your account manager information will be provided when you have your official account manager assignment after purchasing your Paid Subscription Plan.

4.3 Support Limitations. We offer technical support regarding our API and the documentation, but we do not offer support for any third-party technologies built on our API. Please contact us to find out if we support your specific integration.

For more information on Account Management, Error Correction, and Exclusions, please refer to the Support Exhibit in Exhibit A.

5. Ownership

5.1.  Copyrights. We grant you a limited, non-exclusive, non-transferable license to access and use the Platform according to your Subscription Plan. We exclusively own all rights, titles, and interests related to our Platform and Services, including all content, software, graphics, logos, and other materials, which are protected by applicable copyright, trademark, and other intellectual property laws. Any modifications, upgrades, or developments to the Platform or Services (“Improvements'') are owned exclusively by us. We also have the right to use feedback provided by our Customers about our Platform or Services for any purpose including to create new functional features.

5.2.  Updates. We have the right to improve our Platform or Services at any time. This may include the removal or modifications of certain functionalities. All major changes will be communicated to you in writing and in due time, either through notifications in our Platform or by email.

5.3.  Customer-Supplied Content. Our Platform allows you to store, modify, and distribute content related to your products. Your product content is referred to as “Customer-Supplied Content.” Customer-Supplied Content will belong to you, but during the time of our Agreement, you allow the Platform to modify your Customer-Supplied Content when your Users have set up rules for automatic data transformation upon distribution, or when your Users explicitly request that our Support modifies data in your Account. See Section 8 for more information on Customer-Supplied Content.

6. Limitations and Restrictions

6.1.  Content Restrictions. We respect the integrity of your Customer-Supplied Content stored on our Platform, however, your Customer-Supplied Content must comply with legal requirements and you bear full responsibility for this compliance. Our system only hosts content that aligns with the law and our policies. Your Account should not be used by any User to process any Customer-Supplied Content that: (i) is unlawful or encourages people to engage in anything unlawful; (ii) contains a virus or any other similar programs or software which may damage the operation of Plytix’s or anyone else’s computer; (iii) violates the rights or breaks the patent, copyright, or any other intellectual property rights of any party, including any third party; or (iv) is abusive, illegal, or threatening. Your Customer-Supplied Content must be true and accurate at all times, and you will need to make updates as soon as possible. You understand and agree that Plytix reserves the right to edit, modify, or remove any of your content hosted on our Platform for breaking any of these standards. Plytix is not liable for any loss or damage resulting from such actions.

6.2.  Use Restrictions. You will make sure that you or any of your Users don’t (i) use the Platform or Services for any illegal purpose; (ii) resell, distribute, or sublicense the Platform or Services; (iii) use the Platform or Services for the benefit of anyone other than you or your Users; (iii) use the Platform or Services to build or research a competing product or service; (iv) interfere with, impair, or disrupt the Platform or Services and related Plytix systems; (v) introduce any virus or programming routine which is intended to disrupt or interrupt the use of the Platform, Services, or Plytix’s systems; (vi) modify or create derivative works based on the Platform or Services; (vii) reverse engineer or otherwise conduct research into the internal operations of the Platform; or (viii) use the Platform in any way that goes around the features or functionality of your Subscription Plan.

7. Data

7.1.  Anonymous Data. You agree that we can monitor and collect your and your Users’ use of the Platform. That way we can use that data and related information for the following reasons: (i) to study and improve the Platform and Services, (ii) to facilitate the provision of updates, (iii) to provide product support, (iv) and to troubleshoot and provide customer support services. Some of this data may be Anonymous Data. All Anonymous Data is our exclusive property, and we may use it for general business purposes, but will not be shared or sold to any third parties.

8. Customer-Supplied Content and Data

8.1. Customer-Supplied Content. Your Customer-Supplied Content may only be used by you, and only disclosed to others by you. This can be done through a variety of functionalities available in the Platform. Plytix can at all times access and view Customer-Supplied Content for purposes of troubleshooting and otherwise as necessary to provide the Services to you.

Payment

9. Fees

9.1. Fees and Taxes. You will pay the fees determined by the Payment Terms. Fees and other charges described in any Subscription Plan do not include federal, local, foreign, or similar transaction taxes (“Taxes”). All taxes are your responsibility and will be paid by you. If we pay Taxes on your behalf, we will invoice you for these Taxes. You will reimburse us for the amount requested no later than ten (10) business days.

9.2. Payments. The payment process we have depends on the billing cycle you choose. You may choose to pay on a monthly or a yearly basis. You are responsible for any bank fees or transaction charges associated with your payment. If your Subscription Plan is based on a monthly payment plan, we invoice monthly and your payment is due within 15 (fifteen) days from that invoice. For the yearly payment plan, we invoice every 12 (twelve) months, and your payment is due within 30 (thirty) days of the invoice date. For any other invoice period (like 6 months or 2 years), your payment is due within 30 (thirty) days. You must plan your payments to ensure receipt by the specified due date, regardless of whether the due date falls on a weekend or legal holiday.

If you don’t pay your invoice within that time period, we will send you four payment notices before we suspend your Account. Such suspension does not constitute a breach of this Agreement or a failure by Plytix to perform its obligations under this Agreement. Access to the Platform will be restored upon receipt of full payment, including any applicable late fees.

9.3. Non-Cancelable and Non-Refundable. Payments are non-cancelable and non-refundable. However, if you cancel your Paid Subscription Plan, you will still have access to the modules that you paid for until the end of the period you already paid for.

10. Indemnification

10.1. By Customer. You agree to indemnify and hold Plytix, its associated companies and all of its directors, employees, contractors and agents harmless from any losses, damages, judgments, fines, and costs, including legal fees and expenses, in connection with any claims arising out of or relating to (i) your Customer-Supplied Content; (ii) your use of the Platform or Services; (iii) your violation of any laws or regulations; (iv) third-party claims that you or someone using your password did something that, if true, would violate any Terms of the Agreement; (v) any misrepresentations made by you; or (vi) a breach of any representations or warranties you’ve made to us.

10.2. Procedure. We will notify you in writing within thirty (30) days of becoming aware of any indemnifiable claim; give you sole control of the defense or settlement of such a claim; and provide you (at your expense) with any and all information and assistance reasonably requested by you to handle the defense or settlement of the claim. You will not accept any settlement that (i) imposes an obligation on us; (ii) requires us to make an admission; or (iii) imposes liability not covered by these indemnifications or places restrictions on us without our prior written consent.

11. Representations and Disclaimer

11.1. Mutual Representations and Warranties. Both Parties represent and warrant that: (i) the organization is a valid and existing organization that has the right to enter into this Agreement; (ii) each organization has gone through the necessary processes (like getting the necessary authority within the organization) to be able to enter into this Agreement; and (iii) the organization has the power and authority to fulfill its obligations and grant the rights stated in this Agreement.

11.2. Customer Representations and Warranties. The Customer represents and warrants that they will comply with all laws related to receiving and using the Platform and Services.

11.3. Plytix Representations and Warranties. Plytix represents and warrants that during the Period, the Platform will work as described in the Documentation, subject to the limitations and exclusions set forth in this Agreement.

11.4. Disclaimer. Our Platform and Services are provided “as is” and “as available.” While we strive to provide a reliable and high-quality experience, we cannot guarantee that the Platform will meet every specific need or be error-free, uninterrupted, or completely secure. To the fullest extent permitted by applicable law, Plytix disclaims all warranties, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy or reliability of content or information provided through the Services.

12. Limitation of Liability

12.1. Within the extent permitted by law, you acknowledge and agree that (i) you assume full responsibility for any loss that results from your use of the Services, including any downloads from the Platform; (ii) we and our team won’t be liable for any consequential, indirect, incidental punitive, special, or exemplary damages, including any loss of data, profits, revenues, business opportunities, goodwill, or anticipated savings under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages; and (iii) in any calendar month, the total liability of Plytix and our third-party providers, licensors, distributors, or suppliers to you arising out of or relating to the Agreement—whether in contract, tort (including negligence), breach of statutory duty, or otherwise—will be no more than what you paid us for the Services in the preceding 6 months. You won’t be able to take any action regarding this Agreement after one (1) year.

To be clear, in no instance will we or our team be liable for any losses or damages you suffer if you use the Services in violation of these Terms, regardless of whether we terminate or suspend your Account due to this violation.

13. Confidentiality

13.1. Confidentiality is outlined as the following unless stated otherwise for Personal Data, which is also Confidential Information, in the Privacy Policy:

13.1.1. Limitations. Neither Party will use the other Party’s Confidential Information during the Period, except as stated in this Agreement. Each Party will trust that the other Party’s Confidential Information is protected in a manner that is no less restrictive than the manner in which they protect their own confidential materials. Each Party agrees not to disclose the other Party’s Confidential Information to anyone other than its employees, confidential advisors, or subcontractors who are also bound by confidentiality obligations that are equally or more restrictive as those in this Agreement. In the event of any unauthorized disclosure or use of Confidential Information, the receiving Party will immediately notify the disclosing Party in writing, take all necessary actions to mitigate the breach, and cooperate fully with the disclosing Party to resolve the issue. Any unauthorized disclosure of a portion of the Confidential Information will not affect the confidentiality obligations of the receiving Party with respect to the remaining undisclosed portion. The confidentiality obligations in this section will survive for as long as this information meets the definition of Confidential Information.

13.1.2. Required Disclosures. If a Party is required to disclose the other Party’s Confidential Information in the case of subpoena, court process, or other applicable law, this Party may do so only to the extent required by law. They must first notify the other Party and give the other Party a reasonable opportunity to contest the disclosure of their Confidential Information.

13.1.3. Actions Upon Termination. When this Agreement is terminated, the disclosing Party will request that the receiving Party will either: (i) return all Confidential Information of the disclosing Party provided during the Period and all copies the receiving Party has; or (ii) destroy all Confidential Information provided during the Period and all copies the receiving Party has. Nothing in this Agreement can require that a Party remove or delete the other Party’s Confidential Information from its long term backup storage, nor will it require a party to delete or destroy information that it is legally required to retain under applicable law, as in both cases this information remains subject to the confidentiality obligations of this Agreement.

14. Term, Termination, and Plan Changes for Paid Subscription Plans

14.1. Period. The Period begins upon accepting these Terms or on the date stated in a signed Master Hosted Services Agreement, and will continue for the period described in the Subscription Plan (the “Initial Period”). Unless terminated in accordance with these Terms, the Subscription Period will automatically renew for the same time period as the last Subscription Plan (the “Renewal Period”). Pricing for the Renewal Period will be adjusted to reflect our pricing at that current time, unless otherwise agreed upon in writing. The Initial Period plus any Renewal Periods is referred to as the “Period.” If you wish to cancel or make changes to your existing Paid Subscription Plan, you must provide a minimum of a ten (10) day written notice before the Renewal Period begins. Upon cancellation of a Paid Subscription Plan, you’ll automatically be enrolled into the Free Subscription Plan when your existing term ends.

14.2. Termination

14.2.1. Either Party can terminate this Agreement or any Subscription Plan: (i) in the event that either Party partially or completely violates any of its obligations under this Agreement, the other Party shall provide a written warning to the breaching Party to remedy the said breach within ten (10) days. If the breaching Party fails to cure the violation within ten (10) days of receiving written notice, the non-breaching Party may terminate this Agreement immediately by providing written notice; or (ii) immediately, if the other Party declares bankruptcy or anything else related to their debts.

14.2.2. The Customer may terminate this Agreement or any Subscription Plan at any time, for any reason or no reason provided. However, the Customer is not entitled to any refund for what has already been paid.

14.2.3. Plytix may end this Agreement or any Subscription Plan without cause with thirty (30) days’ notice to Customer. If we end the Agreement or Subscription Plan without cause, no future fees will be due, and we will reimburse you for the rest of the period of the Subscription Plan that you haven’t used.

14.2.4.  Termination of this Agreement ends all open Subscription Plans. The termination of a specific Subscription Plan won’t automatically terminate this Agreement or any other open Subscription Plans.

14.2.5. In the case that you end a Paid Subscription Plan, you will have the rest of that period to use the features specific to that Paid Subscription Plan. This means if you paid for that period, you will be able to use it to the end of that period, regardless of if you ended that Paid Subscription Plan for the following period.

14.3. Plan Changes

14.3.1. You can upgrade your Subscription Plan at any point of time you want without cause. Upgrades will take effect immediately, and you will be invoiced for the additional cost according to the agreed-upon billing cycle and new Subscription Plan.

14.3.2. You may request a downgrade at any time, but it will be implemented at the end of your existing paid Subscription Plan. This means if you have already paid for the current Subscription Period, you will be able to use it until the end of that period, regardless of whether you downgraded your Subscription Plan for the following period.

14.3.3. With a Free Subscription Plan, you have the option to terminate your Account or upgrade your Subscription Plan to a Paid Subscription Plan. In order to fully terminate your Account from our system, you must contact our Customer Success Team via email or chat support.

14.3.4. With a Paid Subscription Plan you can (i) completely terminate your Account; (ii) change your Paid Subscription Plan to a Free Subscription Plan; or (iii) change your Paid Subscription Plan to a different Paid Subscription Plan with less or more functionalities. If you go from paid to free, you'll still have access to your data as long as your data does not exceed the limits set forth in the Free Subscription Plan.

14.3.5. Upgrades and downgrades will be reflected in the “Plan Summary” found in the Platform in the admin section of your Account.

14.4.  Actions Upon Termination

14.4.1. Once a Paid Subscription Plan has been terminated, (i) we will end all Services described in the terminated Subscription Plan; (ii) your account will function as a Free Subscription Plan, unless you change your Subscription Plan to a different Paid Subscription Plan.

14.4.2.  Termination of a Subscription Plan or this Agreement does not eliminate your obligation to pay for Services you used before the termination. If your Subscription Plan is terminated before you have been able to use these Services, we will invoice you for the appropriate amount. Depending on the reason for termination, we won’t charge you for Services we did not provide.

14.5.  Survival. Sections 1 and 5-16 will survive any termination or expiration of this Agreement.

15. Disputes and Governing Law 

15.1. Governing Law. The Service and the Agreement will be governed by and construed in accordance with Spanish law regardless of any conflicts of laws provisions.

15.2. Obligatory Arbitration. Any dispute related to this Agreement that cannot be settled amicably between the parties within thirty (30) business days after one party receives notice from the other party must be settled at the Spanish Court of Arbitration (Corte Española de Arbitraje) located in Madrid, Calle Ribera del Loira, 12 or or through its designated online platform. The notice needs to include a detailed description of the dispute along with all available documentation related to the dispute. The Spanish Court of Arbitration (Corte Española de Arbitraje) will follow the Rules of Procedure of the Spanish Court of Arbitration that are in place at the time that the arbitration proceedings begin.

15.3. Number of Arbitrators. There will be a total of three (3) arbitrators. Each Party will appoint one arbitrator. These arbitrators must be appointed within 30 business days of submitting an application for arbitration or of receiving notice of arbitration. The third arbitrator (who will act as chairman of the arbitral tribunal) will be nominated by agreement between the two Parties within 15 business days of the second arbitrator’s nomination.

15.4. Third Arbitrator. If a Party fails to appoint an arbitrator, or the two Parties fail to jointly agree on and appoint the third arbitrator acting as chairman, within the deadlines stated above in this clause, then the Spanish Court of Arbitration will choose an arbitrator for that Party and/or the third arbitrator acting as the chairman.

15.5. Arbitration Proceedings. The arbitration proceedings will take place in Madrid, unless the Parties agree to conduct the proceedings virtually, and the language of the proceedings will be English.

15.6. Arbitration Confidentiality. Information related to the arbitration proceedings, including information on any decision or arbitration award, will be considered as Confidential Information, and may not be disclosed by a Party other than as described in clause 13 of this Agreement.

16. Miscellaneous

16.1.  Publicity. Unless otherwise agreed upon, you grant us a non-exclusive, royalty-free, worldwide license to use your company name, trademark and logo as a reference for marketing or promotional purposes on our Site and in other public or private communications with our existing or potential customers, subject to your standard trademark usage guidelines as provided to us. You represent and warrant that you have the right to grant this license and that Plytix’s use of your name, logo, or trademarks will not infringe any third-party rights. This license survives the termination or expiration of this Agreement.

16.2.  Notice. We may give notice by means of electronic mail to Customer’s email address on record in Customer’s Account or by written communication sent by first-class mail or by courier service to Customer’s address on record in Customer’s Account. Such notice will be deemed to have been given upon the expiration of thirty-six (36) hours after mailing (if sent by first class mail) or sending by courier or twelve (12) hours after sending (if sent by email), or, if earlier, when received. Customers may give notice to Plytix by e-mail to help@plytix.com. Such notice will be deemed to have been given twelve (12) hours after sending, or, if earlier, when received. A Party may, by giving notice to the other Party, change its applicable address, email, or other contact information.

16.3.  Severability. If any provision of the Agreement is or becomes invalid or unenforceable, such provision shall be deemed severed, and the remaining provisions will be enforced to the fullest extent permitted under applicable law. The parties agree to negotiate in good faith to replace the severed provision with a valid and enforceable provision that is interpreted as best as possible to accomplish the goals of the original provision to the fullest extent permitted by law.

16.4.  No Agency. No agency, joint venture, partnership, employment, or fiduciary relationship exists between you and Plytix as a result of this Agreement or use of the Services. Plytix will be considered an independent contractor to you at all times. Neither Party has the authority to bind the other.

16.5.  No Waiver. Our failure or delay to enforce any right or provision in this Agreement or any Subscription Plan will not constitute a waiver of such right or provision unless expressly acknowledged and agreed to by us in writing signed by an authorized representative.

16.6.  Force Majeure. Neither Party will be liable for any failure or delay in fulfilling  its obligations due to unforeseeable, unavoidable events beyond the reasonable control (“Force Majure Event”). This includes but is not limited to denial-of-service attacks, a failure by a third party hosting provider or utility provider, strikes, shortages, riots, fires, acts of God, war, terrorism, and governmental action. This does not include financial hardship or the Customer’s failure to pay.

If a Force Majeure Event occurs, the affected Party will provide reasonable notice to the other Party regarding the event’s nature and expected duration and will use commercially reasonable efforts to restore performance as soon as practicable. If the Force Majeure Event continues beyond 2 (two) months, either Party may terminate this Agreement by providing written notice to the other. No refunds will be issued due to a Force Majeure Event. However, if Plytix is unable to provide the Services due to a Force Majeure Event, the Customer’s access to the Services will be extended for a period equal to the duration of the Force Majeure Event.

16.7.  Assignment. You may not assign any of your rights under the Agreement to anyone else (with the exception of your affiliates). We may assign the Agreement and any of our rights and obligations hereunder, in whole or in part, to any other individual or entity at our discretion.

16.8. Your Users must read and be aware of our Privacy Policy, which explains how we collect, use, and protect data. As the data controller, you are responsible for ensuring that your Users read, review and understand the Privacy Policy.

16.9.  Entire Agreement. This Agreement, together with any applicable Subscription Plans and any exhibits or attachments incorporated herein, makes up the entire agreement between the Customer and Plytix. The Agreement supersedes all prior or current negotiations, discussions, or agreements—written or oral—between the Parties. In the event of a conflict between these Terms and those of a Master Hosted Services Agreement, the provisions of the Master Hosted Services Agreement will be used as a final decision. No amendment to or modification of this Agreement will be binding unless in writing and signed by an authorized representative of each Party.

Exhibit A

Service Levels

1. Service Levels. We will make all necessary efforts to ensure that the Platform has no less than 99.5% Uptime. “Uptime” means the time that the Platform is operational and available to communicate with the internet in our server location. Any exceptions to this are outlined in the section below.
2. Remedy. If the Uptime level isn’t provided during any month of the Period, the Customer’s sole remedy is to receive a credit as stated below. Credits may only be used towards future invoices from Plytix. The Customer won’t receive a cash refund of any kind, even if the Agreement ends before the use of all of the Customer’s credits.

3. Exceptions. This credit does not apply to the Uptime failure due to: (i) scheduled maintenance or downtime, (ii) any modifications of the Platform made by anyone other than Plytix; (iii) any violation of the Agreement by the Customer or their Users; (iv) any unavailability that cannot be reasonably recreated by Plytix; (v) the Customer’s failure to comply with the Platform’s Documentation; (vi) any third party software; (vii) the Public Circuit; (viii) failures due to (a) force majeure events; and/or (b) the Customer’s or their Users’ inability to access the Platform due to problems with their own technology or equipment, including internet connection.

Support Exhibit 

1. Definitions

“Error” means a Priority 1 Error, Priority 2 Error, and Priority 3 Error.

“Fix” means updates, modifications, alterations, or corrections made to the Platform with the intent to resolve an Error.

“Initial Response” means the first contact by a Plytix support representative after the incident has been logged and a ticket generated.

“Management Escalation” means, if the initial Workaround or Fix does not resolve the Error, Plytix’s management will be notified that the Error has been reported and steps are being taken to correct this Error.

“Priority 1 Error” means an Error that makes the Platform completely inoperative. For example the Customer or their Users cannot access the Service due to unplanned service downtime.

“Priority 2 Error” means the Customer or their Users can access the Platform, however, one or more significant features are unavailable.

“Priority 3 Error” means any other error that does not prevent the Customer or their Users from accessing a significant feature of the Platform.

“Public Circuit” means the third party provided circuits, overland and/or submarine cabling, and other connectivity infrastructure. The connectivity begins from a point immediately after the ingress/egress router at the Customer’s site to the point immediately before the ingress/egress router at Plytix’s facility to host our software.

“Status Update” means if the initial Workaround or Fix cannot resolve the Error, notification of the Customer regarding the progress of the Workaround or Fix.

“Upgrades” means, other than routine Fixes and updates, additional software added to the Platform that provides new functionalities or modules.

“Workaround” means a change in the procedures followed or data supplied by the Customer to avoid an Error without substantially impairing the Customer’s use of the Platform.

2. Support Services.

Support services consist of (i) Account Management; and (ii) Error Correction.

2.1. Account Management.

As part of your Paid Subscription Plan, we will assign a Customer Success Manager to serve as your point of contact. The Customer Success Manager will be available to answer your questions and give advice on how to get the most value from our Platform. Contacts that have permission from the Customer, may contact the Customer Success Manager via email and phone.

2.2. Error Correction.

All Errors can be reported to us by emailing help@plytix.com. We will make all necessary efforts to correct any Error reported by Customer. The Error will be assigned a priority level. We will respond to each priority level Error as described in the section below.

Priority 1 Errors – We will (i) provide an Initial Response within two (2) business hours; (ii) initiate Management Escalation immediately; and (iii) provide the Customer with a Status Update within two (2) business hours if we can’t resolve the Error.

Priority 2 Errors – We will (i) provide an Initial Response within four (4) business hours; (ii) initiate Management Escalation within twelve (12) business hours; (iii) provide the Customer with a Status Update within twenty-four (24) business hours if we can’t resolve the Error.

Priority 3 Errors – We will (i) provide an Initial Response within one (1) business day; (ii) initiate Management Escalation within three (3) business days; (iii) provide the Customer with a Status Update within three (3) business days if we can’t resolve the Error.

If we believe that a problem reported by the Customer isn’t due to an Error in the Platform, we will notify the Customer. At that time, the Customer can (a) instruct us to continue with investigating the problem at the Customer’s expense as stated below; or (b) instruct us that the Customer doesn’t want the problem investigated at their expense.

If the Customer requests that we continue investigating the problem at their expense, and we determine that the problem was not due to an Error, the Customer will pay us. They will be charged our standard consulting rates for all work performed in connection with the investigation.

The Customer is not liable for (a) investigating or repairing the problem that comes from Errors in the Platform; or (b) work performed after Customer has notified us that they no longer want to continue investigating the problem (this notice becomes active when Plytix actually receives it).

If the Customer instructs us that they don’t want the problem investigated because of the expense or effort needed from the Customer’s end, we will not be held liable if we decide not to investigate the error.

If the Customer requests that we continue to investigate the problem at the Customer’s expense, and we determine that the problem was due to an Error, then we will be responsible for the cost of any of that work.

3. Exclusions.

We have no obligation to support or provide maintenance in the case of: (i) altered or damaged software by a party other than Plytix; (ii) problems with the Platform caused by the Customer’s negligence, abuse, or unauthorized use of Platform (other than as specified in the Documentation); or (iii) other causes outside of our control. We will not be liable for any changes in the Customer’s hardware or software systems that may be necessary to use the Platform due to a Fix, Workaround, or maintenance.