This is the small print that your mom always recommends you read. She was certainly a smart lady; we also recommend it. So, this is what you can expect to learn from our Terms and Conditions:
- We play fair and we expect you to play fair, too.
- Should someone try to play dirty, we can and will stop it.
- You can only use the content you have the legal right to use.
- We won’t do anything with your data that our own moms would not approve of.
1. The agreement between Plytix and You
1.1. These terms (the "Terms") constitute the agreement between Plytix.com ApS (“Plytix”) and its users (“You”) regarding Plytix’s provision and Your use of the Plytix platform online at http://www.plytix.com/, including its API access (the “Plytix Platform or the Service”). Depending on Your use of the Service, You may be a Content Provider (a party uploading and providing Content, as defined in clause 3.1 below, to the Service), a Content User (a party using Content available in the Service), or both.
1.2. By completing the registration process and clicking the “I accept” button or using the Plytix Platform, You acknowledge that You have read and accepted the Terms. You warrant that You are fully able and authorised to enter into this agreement on behalf of the owner of the Plytix Account which You have created.
1.3. The Terms can only be deviated from by written agreement between Plytix and You. Without prejudice to any special terms agreed in an order confirmation issued by Plytix or a written agreement (as the case may be, hereinafter an “Order”), the Terms constitute the entire agreement between Plytix and You regarding the use of the Plytix Platform. If there are any discrepancies between the Terms and any Order, the Order shall take precedence.
2. Your Plytix Account
2.1. To register for the Plytix Platform, You must create an account (“Plytix Account”) by completing the corresponding form with Your details (and those of the entity You represent) and agree to the Terms. You warrant that the information You provide on registration is true, complete, accurate, and relates only to the person/entity registering. Registration will be confirmed by email to the email address provided by You at registration.
2.2. Plytix provides You with access to the Plytix Platform via specific usernames and passwords. The passwords are confidential, and it is Your responsibility to safeguard and ensure their correct use. You agree to notify us immediately upon learning of any unauthorised use of Your Plytix Account or any other breach of security known to You.
2.3. You are solely responsible for all activities undertaken by You or any third party under Your Plytix Account. You may not access the Service under any other person’s credentials. You agree to: (1) choose a strong and secure password; (2) keep Your password secure and confidential; and (3) use the Plytix Platform in good faith and in compliance with applicable law and the Terms. If You believe that Your credentials have been compromised, please notify Plytix immediately.
2.4. Plytix will allow as many users simultaneous access to a Plytix Account as agreed with the account owner. In addition, an account owner’s email address may have access to several Plytix Accounts.
3. The Plytix Platform
3.1. The Plytix Platform consists of two products:
(i) Index - Product Information Management ("PIM") system
(ii) Scope - Product Analytics
These products, together with appertaining APIs encompass the Plytix Platform or the aggregated service provided by Plytix at https://www.plytix.com
3.2 Index is an easy method for You to store and organize product information and assets in one place so that nothing gets lost or unnecessarily duplicated. The information stored in the PIM system is only visible and available to You and will not be distributed, released, or published without Your consent. If You wish to distribute, release, or publish all or part of the information, You may choose to create a catalog with selected information to share with Your retailers, or export and synchronise information to other distribution outlets including but not limited to ERP systems, ecommerce platforms...etc
4. Billing and Payment
4.1. You may elect one of the following options when placing an order for the Services:
4.1.1 Flexible Plan
If You select this option, You will not be committed to purchase the Services for a pre-defined term, but will pay for the Services on a monthly basis. Plytix will bill You monthly in advance for Your use of the Services.
The payment for Services consists of: (i) a fixed minimum monthly rate for the Services; and (ii) a variable fee based on Your monthly usage of the Services during the preceding month. This is based on start-of-month stock keeping units (SKUs).
The Service will be automatically renewed until the Service is cancelled by You or terminated by Plytix clause 4.5.
You may pay for the Services using the payment options listed below.
4.1.2 Fixed Plan
If You select this option, You will be committed to purchase the Services from Plytix for a fixed term, and in exchange You will receive a discount on the Services. Plytix will bill you upfront for the term. The plan automatically goes to a flexible plan after the end of the term period.
You may pay for the Services using the payment options listed below.
4.2. All payments due are in U.S dollars (USD) exclusive of VAT or other governmental levies unless otherwise indicated on the Order Page or invoice.
4.2.1 Credit or Debit Card
If you are paying with a credit or debit card, the payment is due on the first day of the month for which You receive the Service. For credit cards, or debit cards, as
applicable: (i) Plytix will charge You automatically for all applicable Fees when due and (ii) these Fees are considered delinquent in fourteen days after the first day of the month during which You received the Services. You will be provided a statement of Services with a specification cost for the forth-coming period no later than at the time when your credit card is charged for the monthly usage.
Payments for invoices are due fourteen days after the invoice date, unless otherwise specified on the Order Page, and are considered delinquent after such date.
4.2.3 Other Forms of Payment
You may change payment method to those available within the Admin Console. Plytix may enable other forms of payment by making them available in the Admin Console. These other forms of payment may be subject to additional terms which You may have to accept prior using the additional forms of payment.
4.3. Prices are subject to change without prior announcement.
4.4 Delinquent payments may bear interest at the rate of one-and-one-half percent per month (or the highest rate permitted by law, if less) from the payment due date until paid in full. You will be responsible for all reasonable expenses (including attorneys' fees) incurred by Plytix in collecting such delinquent amounts, except where such delinquent amounts are due to Plytix's billing inaccuracies.
4.5 Suspension for Non-Payment
4.5.1 Automatic Suspension
You will have fourteen days to pay Plytix delinquent Fees. If You do not pay Plytix delinquent Fees within fourteen days, Plytix will automatically suspend Your use of the Services. The duration of this suspension will be until You pay Plytix all outstanding Fees.
4.5.2 During Suspension.
If You are on a monthly billing plan, and You are suspended for non-payment, Plytix will stop charging You monthly Fees during Your suspension for non-payment.
4.5.3 Termination After Suspension.
If You remain suspended for non-payment for more than sixty days, Plytix may terminate Your account without notice. Plytix is not liable for any loss that is associated with Plytix termination of Services.
4.6 You are responsible for any Taxes, and You will pay Plytix for the Services without any reduction for Taxes. If Plytix is obligated to collect or pay Taxes, the Taxes will be invoiced to You, unless You provide Plytix with a valid tax exemption certificate authorized by the appropriate taxing authority. If You are required by law to withhold any Taxes from its payments to Plytix, You must provide Plytix with an official tax receipt or other appropriate documentation to support such payments.
5. Information rights and publicity
5.1. Plytix and its affiliates may retain and use data collected in Your use of the Service in the following manners:
- To generate, share and communicate to You Reports, on an aggregated and anonymous basis, based on data relating to the use of Content.
- If You are a Content User You agree that we are entitled to generate, share and communicate Reports, based on data relating to End-Users’ use of Content from Your Content User Site, on an aggregated and anonymous basis, with the Content Providers responsible for the relevant Content.
- Data collected in Your use of the Service may be exchanged between Plytix and its affiliates in order to provide the Service.
- Anonymised and aggregated data generated by and on the Plytix Platform will be kept and may be used by Plytix and its affiliates for any purpose during and after the expiry of the agreement with You.
6. Scope of Service
6.1. Plytix reserves the right to modify, suspend, or discontinue the Service, replace or add new services to the Service at any time for any reason. We may impose certain limitations on terms of data and features available on the Plytix Platform. Plytix will provide You with a minimum of 14 calendar days’ notice prior to imposing any limitation of the Service.
6.2. Plytix reserves the right to limit Your use of the Service, if this affects the Service. Plytix will provide You with prior notice of this, unless Your use constitutes a security issue.
7. Service availability and support
7.1. We aim to provide the Plytix Platform 24/7, however due to the continuous improvement of the Plytix Platform and due to maintenance and updating, security or capacity issues, access to the Service may be temporarily suspended or affected, with or without prior notice. Plytix aims to provide You with advance notice of any scheduled maintenance and downtime.
7.2. Please check our FAQs and online knowledge basis for information on features and services. We currently provide a ticketing system for help that is accessible from our online support center. Plytix will respond as and when we can to questions relating to the Plytix Platform, the Service and the optimal use of the same. These questions will ideally be communicated by email or through the ticketing system.
8. No supervision of user activity
8.1. We do not control or supervise any user activity, except when required to by applicable law or competent court or administrative decision. We do, however, reserve the right to suspend, block, cancel or eliminate any user activity at any time in the event of a breach of the Terms.
9. Plytix’s proprietary and intellectual property rights
9.1. We own, or are licensees of, all intellectual property rights and other proprietary rights of the Service including the Plytix Platform technology and the related software as well as the website content provided by us, including but not limited to trademarks, site layout, graphics and logos. Access to and use of the Plytix Platform does not imply any transfer of these rights to You.
9.2. On confirmation of the Plytix Account, You are granted a limited, revocable, non-exclusive and non-transferable license to use the Plytix Platform including the software related to the Plytix Platform and to access, view and download Your Reports stored at www.plytix.com. You agree not to or allow any third party to:
- sublicense, distribute or use the Plytix Platform outside the scope of the license granted by the Terms,
- copy, modify, adapt, translate, prepare derivative work form, reverse engineer, dissemble, or decompile the software connected with the Plytix Platform or otherwise attempt to discover any source code or trade secrets related to the Plytix Platform,
- rent, lease, sell, assign or otherwise transfer rights in or to the software connected to the Plytix Platform, and
- use, post, transmit or introduce any device, software, routine which interferes or attempts to interfere with the operation of the Plytix Platform.
9.3. You may not use our trademarks, trade names, logos, domain names, other distinctive brand features or any copyrighted material associated with Plytix and/or the Plytix Platform without our consent. You must not remove, obscure, or alter any notice of copyright, trademark, or other proprietary right appearing in or on any item of the Plytix Platform.
10. Specific terms applicable to Content Providers
10.1. This clause 10 set out specific terms only applicable to Content Providers.
10.2. Publication of Content
10.2.1. An initial control of the Content intended to be posted on the Plytix Platform is carried out by Plytix prior to the publication of the Content on the Plytix Platform in order to ensure that the Content is appropriate. We reserve the right to restrict access, interrupt, block, temporarily suspend, cancel or definitively delete any Content for any reason, in particular – but not only – if we find that the Content is not appropriate or we are notified by any third party or administrative or judicial authority of any actual or potential breach of third party rights or applicable law.
10.2.2. By making Content publicly available on the Plytix Platform You agree that the Content may be downloaded and used by any Content User who have registered for Your Content on their Content User Sites, for the purpose of advertising or selling the associated products and services to End-Users - see clause 12.3 for an indefinite period of time e.g. not limited to the term of Your agreement with Plytix. We do not examine either the identity of the Content User nor the Content User’s intention of the subscription for Your Content.
10.3. Ownership to Content
10.3.1. You warrant that You are the owner or hold all proprietary rights of the Content that You submit or post to the Plytix Platform and that the Content You provide is true, accurate, up-to-date and not misleading, and that the Content and its posting do not violate applicable law or any third party rights (e.g. any intellectual property rights, personal rights, trade secrets or breach of contract).
10.3.2. You grant us a non-exclusive, worldwide, transferable and sub-licensable license and right to use, reproduce, communicate to the public on the Plytix Platform any of Your Content, without requiring any further consent, notice and/or compensation to You for the purposes set out in the Terms. We will not include Your Content in advertisements for third party products or services (including any sponsored content) without Your express consent. We may edit and make formatting changes to Your Content (modifying the size, layout or file type or removing metadata) solely for operational reasons.
11. Specific Terms applicable to Content Users
11.1. This clause 11 set out specific terms only applicable to Content Users.
11.2. Once You have created a Plytix Account, You must subscribe to the Content of a Content Provider in order to be able to access it. We will acknowledge and accept Your request and will notify You when the Content is available (visible in Your subscriptions).
11.3. Your use of Content
11.3.1. You accept and warrant that You will only use Content professionally in the ordinary course of Your business, for legal purposes and in good faith, on Your Content User Site(s). You accept that You will:
- only publish the Content on Your Content User Site(s) and not transmit any Content to any third party other than to End-Users browsing Your Content User Site(s).
- not store the Content permanently in any database or otherwise in a structured or unstructured manner for subsequent retrieval (otherwise than in any cache or other short-term technical storage means for website or App optimization).
- not use any Content or the Service for illegal, immoral or unethical purposes.
- not use any Content or the Service in any manner contrary to applicable law and/or third party rights (including Content Provider rights) or the Terms.
- comply with any notice and/or communication from Plytix regarding use of any Content and/or the Service, including as to removal, modification or correction of any Content.
- not alter or modify any Content (other than to resize or reformat it according to the characteristics of Your Content User Site(s)).
11.4.1. The Plytix Platform uses a cookie for tracking and measuring End-Users’ activities on Your Content User Site for the purpose of site optimization and sales analysis as described in clauses 3 and 5 above. The data collected is further described in clause 12.2.1 below. The data may constitute identifiable personal information pursuant to applicable privacy law (e.g. due to association with Global Unique Identifier or IP address). As owner of the Content User Site You are responsible for collecting the data and for fully complying with applicable privacy law within Your jurisdiction with respect to the processing of data obtained by Plytix’ cookie.
11.4.3. You must provide the End-Users visiting Your Content User Site with clear and comprehensive information about Plytix’ cookie and how we collect and process data – see the clauses 12.2.1, 3 and 5. The information about our cookie must as minimum meet the following requirements: The information must be provided in a clear, precise and easily understood language and contain details of Plytix’s purpose of the storing of or access to information in the End-User's terminal equipment. It must be stated:
- that the categorization of the cookie is Operation & Optimization,
- that the purpose of the cookie is Analysis,
- that the domain setting is Your Content User Site,
- that the name of the cookie is Plytix JS,
- that the storing is arranged by You and that Plytix will process the data collected,
- that the cookie will expire after 90 days,
- that the cookie are used and provided by Plytix for tracking and measuring End-User’s activities on websites for the purpose of site optimization and sales analysis, and
- that the cookie collects data as stated in clause 12.2.1 below.
Furthermore, easy access by which the End-User can refuse consent or withdraw his/her consent to storing of or access to information must be provided, as well as clear, precise and easily understood guidance on how the End-User should make use thereof and the consequences of refusing to consent. The information provided to the End-Users must be immediately available, directly and clearly marked, and accessible at all times for the End-Users.
12.1. Your access credentials
12.1.1. By adhering to the Terms You expressly consent to Your personal information provided by You voluntarily (a) while browsing the Plytix Platform and (b) during contacts with Plytix including through the contact form (name, title, company, country, email address and telephone) being recorded in one or more files subject to the responsibility of Plytix. This data is treated in strict confidentiality in accordance with applicable data protection legislation. Your access credentials will be used solely for the fulfillment of Your agreement with Plytix. This data will under no circumstances be transferred to any third party without Your prior consent. Employees from our support team (employed either in Plytix or in its affiliates) may only log into Your Plytix Account in order to assist You with technical or billing issues subject to Your prior consent.
12.2. The information collected by Plytix regarding End-User activity of Scope Analytics
12.2.1. The information which we collect and process regarding End-User activities on Content User Sites are listed below:
- A unique user identifier (e.g.: 7cebaddee623cd), which just tells us which data comes from the same user (without actually identifying him or her)
- Session time: we create a session number, same as the user identifier, which helps us know the total time an End-User spends on a site. We close a session after 30 minutes of inactivity (no new actions received)
- The following End-User actions:
- product view
- category view
- product added to cart
- product removed from cart
- product arrived to checkout
- product conversion
- IP address for country location. We do not store the IP address. Only the obtained location is being collected and processed. (this feature has not yet been implemented)
12.2.2. We do not collect personal data such as name, address, phone number, age, gender, email address, credit card numbers, paypal user or any other payment information of any End-User of Scope.
12.3 The information we store and process regarding User activities of Index include your activity in the tool, downloads, your location, device information, IP address and cookie data. We also store and protect the content and data you create within the tool including product related content, lists of products, photos, videos, and other files and media you upload, and 3rd party information you import into our tools.
12.3.1 The information we collect from End users of the Index Catalogs is the email address and content downloaded. We do not collect personal data such as name, address, phone number, age, or gender.
12.4. With respect to any data collected through Plytix's cookies which may, according to applicable privacy legislation, be personally identifiable data, Plytix is data processor and the Content User is data controller.
12.5. As data processor we only process the data as stipulated in the Terms and in accordance with the Content Users’ instructions. We will not use the data for any other purpose than those related to the performance of the Service and the Terms.
12.6 We never give "backdoor" access to your data or our servers that store your data, period. That means no government entity has direct access to our users’ information.
12.7. If You are a Content User You warrant to Plytix that
- You comply with all applicable legislation within Your jurisdiction with respect to the processing of data collected through Your Content User Site.
- You have obtained specific and informed consents from data subjects whose personal data is collected by us on Your behalf in the course of the provision of the Service, including appropriate cookie consents – see clause 11 above. In particular such consents must address
- Plytix’ and its affiliates’ use of Amazon Webhosting Services (AWS VPC)
- Plytix’ right to share the data collected in an anonymized form with any third party, including but not limited to Content Providers.
12.8. Plytix has implemented appropriate technical and organizational measures to safeguard any data against any unauthorized or unlawful access, loss, alteration, destruction, theft, abuse, use or disclosure. At the request of the Content User, Plytix shall provide the Content User with adequate information in order for the Content User to be able to ensure that the said technical and administrative precautions have been taken.
12.9. All data is being processed automatically by our software without the involvement of individuals. We will not disclose to any third party any data which is personally identifiable to any End-User without Your prior written consent. The data stipulated in clause 12.2.1 will only be kept for 12 hours as our Reports are updated every 12 hours. Subsequently the data is being destroyed effectively. We do not make any back-up copies of the data stipulated in clause 12.2.1.
12.10. We are entitled to make use of subcontractor processors if we reasonably consider such access and processing necessary for the performance of the Service. In the event of such access and before the access takes place, we will ensure that an agreement with the third party is in place which is sufficient to require the third party to treat personal data in accordance with the applicable provisions of this agreement and applicable law. In particular, we are authorized to subcontract hosting services to Amazon Web Services.
12.11. Upon the expiry or termination of Your Plytix Account (by way of de-registration), or upon Your request, we shall cease any and all use of data obtained from the Content User Site (except to the extent the data is anonymised by us for statistical and data analysis purposes).
13.1. You are solely responsible for all activities that You carry out on the Plytix Platform, especially but not limited to any Content uploaded, used or otherwise processed by You.
13.2. You agree to use the Platform in accordance with the Terms, applicable law and codes of conduct. In particular, You may not use the Platform (a) in any unlawful way according to applicable law (especially but not limited to the law of the fields of publicity, privacy, personal image, intellectual property rights and unfair competition) or (b) in any way contrary to good faith or infringing on third party rights (including intellectual or industrial property rights, image rights, reputation and honor, privacy etc.) or advertising sector self-regulation and codes of conduct.
14.1. You agree to indemnify Plytix and its affiliates from any third party claims and any loss, liability or cost arising out of Your breach of a) the Terms, b) Your use of the Service, c) any representations or warranties made by You under the Terms, d) applicable law in connection with Your use of the Service, e) any third party intellectual property right, privacy right or other third party right in connection with Your use of the Plytix Platform.
15. No warranties
15.1. Plytix uses commercially reasonable efforts to provide the Service professionally and diligently, but we cannot guarantee its continuing availability and the functionality of its features.
15.2. Except as established by mandatory applicable law, Your use of the Plytix Platform, including any functionality contained therein, is provided “as is” and “as available” with no representations or warranties of any kind, either expressed or implied, including but not limited to the implied warranties of merchantability or fitness for a particular purpose. You accept that the Service may contain bugs or other errors of which we request You to inform us.
15.3. We are not responsible for the Content posted by Content Providers to the Plytix Platform and any use made of that Content by Content Users or third parties. When we are notified of any incident in relation to such Content, we will act diligently to investigate and resolve the issue and may eventually remove the Content from the Plytix Platform or cancel the Plytix Account. We are not responsible for deleting the Content from any Content User Site.
15.4. The Plytix Platform interacts with third party internet websites and accounts contracted by You. We make no representation whatsoever, nor do we accept any responsibility for such websites and accounts as they are beyond the control of Plytix. In particular but without limitation, except as expressly set out herein:
- There is no warranty that (a) the use of the Plytix Platform is uninterrupted or functioning without errors or in combination with other hardware, software, systems or data; (b) the Plytix Platform meet Your requirements or expectations; (c) that any errors or faults can be remedied; or (d) the Plytix Platform can perform satisfactorily, if the instructions configured by You are incomplete, incorrect or inaccurate.
- There is no warranty as to continuity of use of linked platforms, as these third party services may modify their technical specifications and APIs thus affecting connectivity.
16. Limitation of liability
16.1. To the extent permitted by law, Plytix and its affiliates will not be liable for Your lost revenue, loss of Content or data, damages, loss of business goodwill or reputation, business interruption, or equipment failures or any indirect or consequential loss arising out of or in any way related to this agreement including but not limited to (i) the use or the inability to use the Plytix Platform; (ii) unauthorized access to or alteration of Your Plytix Account, Content or data; or (iii) statements or conduct of any third party on the Plytix Platform.
16.2. Other than for fraud, willful misconduct or gross negligence, the liability of Plytix and/or its affiliates for any loss arising out of or relating to this agreement cannot exceed EUR 500 or the amount actually received by Plytix from You whichever is the lowest.
16.3. The limitation of liability applies to all claims of liability (e.g. warranty, tort, negligence, contract, law).
17.1. All non-public information which is kept secret by a party, including but not limited to industrial secrets, techniques, processes, work protocols, designs, marketing strategies and data, metrics, and know-how shall be considered as “Confidential Information”.
17.2. The parties undertake not to use or disclose the other party’s Confidential Information without the other party’s prior written consent except for the purpose of performing its obligations under this agreement or if required by law, regulation or court order, in which case the party ordered to disclose Confidential Information shall give the other party as much notice as is reasonably practicable prior to disclosing the Confidential Information.
17.3. This clause 17 shall survive termination of the agreement.
18. Term and termination
18.1. Your Plytix Account will be activated and remain in force until terminated by either Plytix or You pursuant to the Terms.
18.2. You may cancel Your Plytix Account at any time through the online service. Plytix may terminate the agreement with You with 1 month prior notice to the end of a month.
18.3. On termination, Your Plytix Account will remain active, but You will not be able to carry out any operations. On termination for any reason,
- Your access to Your Plytix Account will be disabled and Your historical Reports will no longer be available to You;
- Any data identifiable to a person related to Your subscription for the Service will be deleted within 30 days.
- If You are a Content Provider all Content Users registered to retrieve Your Content will be notified that Your Plytix Account has been closed and that Your Content will no longer be updated. The Content will remain available on the Plytix Platform until removed by Plytix;
- You will not be entitled to any refund of any usage fees.
18.4. Plytix reserves the right to restrict, suspend, or terminate Your Plytix Account without prior notice if we believe that You are in breach of the Terms or applicable law or are misusing the Service in any way.
19. Contact and notifications
19.1. You agree that Plytix may provide information and service notifications relevant to Your Plytix Account to You in the following ways: (1) an email sent to the email address provided by You, or (2) an in-platform message. You hereby acknowledge and accept that such notices will be effective upon delivery by in-platform message or by email.
19.2. You agree to keep Your contact information accurate and up to date. If You do not provide us with accurate information, we cannot be held liable if You do not receive such notification from us. Please review Your Plytix Account settings to control and manage the notices and service messages You receive from us.
20. Change of the Terms
20.1. We may change the Terms without retroactive effect at our discretion with a minimum of 14 days’ prior notice. Your acceptance to the updated Terms must be provided online. If You do not accept the changes, You should discontinue using Your Plytix Account. Continued use of the Plytix Platform after being notified of a change implies Your acceptance hereof.
21.1. No failure or delay in exercising any right under the Terms shall constitute a waiver of such right.
21.2. You are not allowed to transfer any of Your rights and obligations under this agreement without Plytix’ prior written consent. Plytix is entitled to assign the agreement with You to any third party as a part of a business transfer.
21.3. If any provision of the Terms is held to be unenforceable for any reason, this should not affect the validity of the remaining provisions of the Terms.
22. Applicable law and jurisdiction
22.1. The Terms and our agreement with You are governed by Danish law without reference to its rules on conflict of law. Any conflict arising out of or in relation to the application, interpretation of the Terms or performance and the use of the Plytix Platform will be subject to the exclusive jurisdiction of the courts of Denmark.
Version 2.2 – 11 July 2018