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Membership and Cloud Services

Last Updated: October 30, 2020

This HomePass Membership and Services Agreement is between you and Plume Design Inc. ("Plume", “we” or “us”) and governs your use of Adapt, Control and Guard services, the Plume Homepass App and Plume’s related mobile applications, (together the “Plume HomePass Services”) and the HomePass membership subscriptions (“HomePass Membership”) necessary to enable and use those services. This HomePass Membership and Services Agreement is a legally binding contract between you and Plume regarding your use of the Plume HomePass Services and your HomePass Membership.

PLEASE READ THE FOLLOWING TERMS CAREFULLY.

BY CLICKING "I ACCEPT," OR BY OTHERWISE ACTIVATING A HOMEPASS MEMBERSHIP OR ACCESSING OR USING THE PLUME HOMEPASS SERVICES YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO SUCH ACTIVATION, ACCESS, AND/OR USE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS ( "TERMS"). If you are not eligible, or do not agree to the Terms, then you do not have our permission to use the HOMEPASSMEMBERSHIP OR PLUME HOMEPASS SERVICES. YOUR ACTIVATION, ACCESS, AND/OR USE OF THE HOMEPASS MEMBERSHIP OR PLUME HOMEPASS SERVICES CONSTITUTES AN AGREEMENT BY PLUME AND BY YOU TO BE BOUND BY THESE TERMS.

  1. OVERVIEW; RELATION TO OTHER AGREEMENTS.

    The Plume HomePass Services work in conjunction with Plume's hardware products ("Plume Product(s)") and certain third-party hardware products, in a manner designed to improve and give users more control over their internet experience, including by functioning as an Adapt feature set. To access and use the Plume HomePass Services, it is necessary to have an active HomePass Membership. (See Section 2). These Terms govern your use of the Plume HomePass Services, Plume Products, and your HomePass Membership. Your purchase of any Plume Product and HomePass Membership subscription is governed by the Plume Terms of Sale and, as to the Plume Products, the Limited Warranty. The software embedded in the Plume Products (and any related software updates) ("Product Software") is licensed and governed by the End User License Agreement. Users interact with and control the Plume HomePass Services via Plume’s Android and iOS mobile applications (the “Plume HomePass App”). For more details on Plume HomePass Services’ features and functionalities, please see Section 4.

  2. ACCESS AND USE.

    2.1 Limited License.

    Subject to your complete and ongoing compliance with these Terms, Plume grants you, solely for your personal use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:

    1. install and use one object code copy of the Plume HomePass App obtained from a legitimate marketplace (whether installed by you or pre-installed on your mobile device by the device manufacturer) on a mobile device that you own or control; and

    2. access and use the Plume HomePass Services in connection with your HomePass Membership.

    2.2 License Restrictions.

    Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Plume HomePass Services; (b) make modifications to the Plume HomePass Services; or (c) interfere with or circumvent any feature of the Plume HomePass Services, including any security or access control mechanism. If you are prohibited under applicable law from using the Plume HomePass Services, you may not use them.

    2.3 Use Requirements.

    1. HomePass Memberships To use the Plume HomePass Services, it is necessary to have an active HomePass Membership. See Section 3 (HomePass Memberships) for additional terms applicable to HomePass Memberships.

    2. Devices; Software Use of the Plume HomePass Services may require compatible devices, Internet access, and certain software (fees may apply); may require periodic updates; and may be affected by the performance of these factors. The latest version of required software may be required for certain transactions or features. You agree that meeting these requirements is your responsibility.

    3. Accounts To access most features of the Plume HomePass Services, you must register for an account. When you register for an account, you may be required to provide us, or the applicable Plume Partner, with some information about yourself, such as your name and email address. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and any such password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at support@plume.com. Plume reserves the right to limit the number of accounts that may be created from a device and the number of devices associated with an account.

    4. Automatic Updates Plume may, from time to time, develop patches, bug fixes, updates, upgrades and other modifications ("Updates") to improve the performance of the Plume HomePass Services (including the Plume HomePass App) and/or the Plume Products Software. These may be automatically installed without providing any additional notice or receiving any additional consent. You consent to this automatic update. If you do not want such Updates, your remedy is to terminate your account and stop using the Plume HomePass Services and the Plume Products. If you do not terminate a previously created account, you will receive Updates automatically. You acknowledge that you may be required to install Updates to use the Plume HomePass Services and the Plume Products and you agree to install any Updates that Plume provides promptly. Your continued use of the Plume HomePass Services and the Plume Products is your agreement to: (i) the End User License Agreement with respect to updated Plume Product Software; and (iii) any change or updates that Plume may make to these Terms or the End User License Agreement.

    5. Reliability of Services. You acknowledge that the Plume HomePass Services, including remote access and mobile notifications, are not error-free or 100% reliable and 100% available. Proper functioning of the Plume HomePass Services relies and is dependent on, among other things, the transmission of data through the wi-fi network, enabled wireless device (such as a phone or tablet) and broadband internet access, for which Plume is not responsible, and may be interrupted, delayed, refused, or otherwise limited for a variety of reasons, including insufficient coverage, power outages, termination of service and access, environmental conditions, interference, non-payment of applicable fees and charges, unavailability of radio frequency channels, system capacity, upgrades, repairs or relocations, and priority access by emergency responders in the event of a disaster or emergency (collectively, "Service Interruptions"). You understand that Service Interruptions may result in the Plume HomePass Services being unreliable or unavailable for the duration of the Service Interruption. Although we will use commercially reasonable efforts to notify you of Service Interruption (including via the Plume HomePass App, email, or through our Website), we cannot and do not guarantee that you will receive notifications within any given time, or at all. You agree that you will not rely on the Plume HomePass Services for any life safety or critical purposes. The Plume HomePass Services may be suspended temporarily, without notice, for security reasons, systems failure, maintenance and repair, or other circumstances. You agree that you will not be entitled to any refund or rebate for such suspensions. Plume does not offer any specific uptime guarantee for the Plume HomePass Services.

  3. HOMEPASS MEMBERSHIPS.

    3.1 Generally. To use the Plume HomePass Services, it is necessary to have an active HomePass Membership. Plume offers HomePass Membership subscriptions for sale directly to consumers at its Online Store, and through various authorised resellers. In addition, Plume partners with other companies (e.g., internet service providers) who may make HomePass Memberships available as part of their offerings to their customers ("Plume Partners").

    Membership Subscriptions.

    1. Purchased from Plume. If you purchased your HomePass Membership subscription directly from Plume or its authorised reseller, that subscription will begin on the earlier of: (i) when you first claim a Plume Product to that HomePass Membership, and (ii) 60 days after shipment of the Plume Products ordered with the HomePass Membership. The date your subscription begins will be deemed the Subscription Billing Date (as defined in the Sales Terms) for your HomePass Membership. Your HomePass Membership subscription will continue from that date for the period indicated in the applicable Order Confirmation (as defined in the Sales Terms) and may automatically renew until automatic renewals are cancelled in accordance with the Sales Terms. If you wish to cancel an automatically renewing HomePass Membership subscription, please see our Sales Terms, available here: Sales Terms.

    2. Provided by a Plume Partner. If your HomePass Membership is provided by a Plume Partner (a “Partner Membership”), Plume’s obligation to enable the Plume HomePass Services in connection with that membership is governed by Plume’s agreement with that Plume Partner, and your right to a Partner Membership is governed by your agreement with that Plume Partner. Please note that the Plume Partner that provides your Partner Membership, and not Plume, is responsible for support for Plume Products and Plume HomePass Services when you are using your Partner Membership.

    3.3 Transfer and Termination. HomePass Memberships are not transferrable between accounts. Once a HomePass Membership is claimed to an account (e.g., you claim one HomePass Membership to your account in connection with your home network, and you claim a second HomePass Membership to your account in connection with a second location), that HomePass Membership cannot be transferred to another account with Plume (e.g., to a friend or family member). In addition, to use a Plume Product that was associated with one account with a new or different account, a new or different valid HomePass Membership subscription (including payment of new HomePass Membership subscription fees) will be required to complete the setup of same hardware in connection with the new or different account.

    3.4 Passive Service Mode.

    1. Following expiration of an active HomePass Membership subscription, the Plume Products and the Plume HomePass App used in connection with that HomePass Membership will function in a limited manner (together, “Passive Service Mode”). Specifically, when functioning in Passive Service Mode: (i) your Plume Products will be restricted to serving as a static home Wi-Fi system and will not receive Plume cloud-enabled performance, security, and usability enhancements; and (ii) the Plume HomePass App features will be restricted to basic network management and Wi-Fi configuration, viewing of Plume Products, and viewing of network devices. Plume Products will continue to receive firmware updates in accordance with Plume’s then-current support policies regardless of HomePass Membership status.

    2. To avoid doubt, Passive Service Mode is only available following expiration of an active HomePass Membership acquired directly from Plume, its reseller, or a Plume Partner, and is not available: (i) in connection with any Plume hardware that you may otherwise acquire. or (ii) where you are in default on your payment obligations for your otherwise active HomePass Membership subscription. For example, where subscription fees are payable on a monthly basis, if you fail to pay those amounts when due, we may suspend your access to the Plume HomePass Services in accordance with Section 5.5 of the Sales Terms and will have no obligation to enable Passive Service Mode for the period your account is delinquent.

    3. Please note that Plume Products will not function unless: (i) you have an active HomePass Membership subscription, or (ii) are functioning in Passive Service Mode in accordance with this Section.

  4. SERVICES DESCRIPTIONS.

    The following descriptions of the features and functionalities of the Plume HomePass Services are for informational purposes only.

    4.1 Adapt. Adapt is designed to manage the home Wi-Fi network and associated WAN connection, including network setup, Wi-Fi configuration, interference management, device connectivity control and optimisation of the network backhaul connections for improved performance.

    4.2 Control. Control is designed to manage access, content and people in the Plume network. This includes guest access with password control, time of day access restrictions, device access permissions, people profiles creation and management, and content filtering.

    4.3 Guard. Guard is designed to monitor and protect devices on the Plume network, including IoT devices, from accessing internet servers or services that may be harmful to the device or user of the network. Common protections can include restricting services known to host cyrpto-miners, ransomware, phishing sites, malware, key loggers, and botnets.

    4.4 Plume HomePass App. Plume HomePass App, available on both iOS and Android platforms, serves as the user interface for the end user to setup, control and monitor all Plume HomePass Services.

  5. AVAILABILITY

    The Plume HomePass Services, or any feature or part thereof, may not be available in all languages or in all countries and Plume makes no representation that the Plume HomePass Services, or any feature or part thereof, is appropriate or available for use in any particular location. To the extent you choose to access and use the Plume HomePass Services, you do so at your own initiative and are responsible for compliance with any applicable laws.

  6. MODIFICATIONS.

    6.1 Terms.

    1. We reserve the right to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, we may require that you accept the modified Terms in order to continue to use the Plume

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

    6.2 Plume HomePass Services. Plume reserves the right to modify or discontinue the Plume HomePass Services at any time (including by limiting or discontinuing certain features of the Plume HomePass Services), temporarily or permanently, without notice to you. To the fullest extent permitted by law, Plume will have no liability for any change to the Plume HomePass Services or any suspension or termination of your access to or use of the Plume HomePass Services.

  7. OWNERSHIP; PROPRIETARY RIGHTS.

    7.1 Plume HomePass Services. The Plume HomePass Services are owned and operated by Plume. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Plume HomePass Services ("Materials") provided by Plume are protected by intellectual property and other laws. All Materials included in the Plume HomePass Services are the property of Plume or its third party licensors. Except as expressly authorised by Plume, you may not make use of the Materials. Plume reserves all rights to the Materials not granted expressly in these Terms.

    7.2 Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Plume HomePass Services ("Feedback"), then you hereby grant Plume an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Plume HomePass Services and create other products and services. You also agree to waive any moral rights, as defined in the Copyright Designs and Patents Act 1988 (as amended or superseded from time to time) or any analogous legislation worldwide, that you may have in the Feedback.

  8. PROHIBITED CONDUCT.

    By using the Plume HomePass Services, you agree not to:

    8.1 use the Plume HomePass Services for any illegal purpose or in violation of any local, state, national or international law;

    8.2 violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;

    8.3 interfere with security-related features of the Plume HomePass Services, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Plume HomePass Services except to the extent that the activity is expressly permitted by applicable law;

    8.4 interfere with the operation of the Plume HomePass Services or any user’s enjoyment of the Plume HomePass Services, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Plume HomePass Services; (iii) collecting personal information about another user or third party without consent or otherwise in accordance with applicable law; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Plume HomePass Services;

    8.5 perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Plume HomePass Services account without permission, or falsifying your age or date of birth;

    8.6 sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 7.1) or any right or ability to view, access, or use any Materials; or

    8.7 attempt to do any of the acts described in this Section 8, or assist or permit any person in engaging in any of the acts described in this Section 8.

  9. THIRD PARTY TERMS.

    9.1 Third Party Sites and Linked Websites. Plume may provide tools through the Plume HomePass Services that enable you to export information, including User Content, to third party services, including through features that allow you to link your account on Plume with an account on the third party service, such as Twitter or Facebook, or through our implementation of third party buttons (such as "like" or "share" buttons). By using one of these tools, you agree that Plume may transfer that information to the applicable third party service. Plume's transfer of any such information will be in accordance with its Privacy Policy. Third party services are not under Plume's control, and, to the fullest extent permitted by law, Plume is not responsible for any third party service’s use of your exported information. The Plume HomePass Services may also contain links to third party websites. Linked websites are not under Plume's control, and Plume is not responsible for their content.

  10. USER CONTENT.

    10.1 User Content Generally. Certain features of the Plume HomePass Services may permit users to upload content to the Plume HomePass Services, including messages, reviews, photos, video, images, folders, data, text, and other types of works ("User Content") and to publish User Content on the Plume HomePass Services. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Plume HomePass Services.

    10.2 Limited License Grant to Plume. By providing User Content to or via the Plume HomePass Services, you grant Plume a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed. For information regarding our use of data we collect, please refer to our Privacy Policy.

    10.3 Limited License Grant to Other Users. By providing User Content to or via the Plume HomePass Services to other users of the Plume HomePass Services, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Plume HomePass Services.

    10.4 Your User Content.

    Plume disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Plume HomePass Services. By providing User Content via the Plume HomePass Services, you affirm and agree that:

    • you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorise Plume and users of the Plume HomePass Services to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Plume, the Plume HomePass Services, and these Terms;

    • your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Plume to violate any law or regulation; and your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.

    10.5 User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. Plume may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Plume HomePass Services, you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Plume with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Plume does not permit copyright-infringing activities on the Plume HomePass Services.

    10.6 Monitoring Content. Plume does not control and does not have any obligation to monitor: (a) User Content; (b) any content made available by third parties; or (c) the use of the Plume HomePass Services by its users. You acknowledge and agree that Plume reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Plume HomePass Services for operational and other purposes. If at any time Plume chooses to monitor the content, Plume still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy.

  11. DISCLAIMERS; NO WARRANTIES.

    1. The Plume HomePass Services and all materials and content available through the Plume HomePass Services are provided “as is” and on an “as available” Plume does not guarantee that the Plume HomePass Services or any portion of the Plume HomePass Services, or any materials or content offered through the Plume HomePass Services, will be uninterrupted, secure, or free of errors, viruses, or other harmful components, and Plume does not guarantee that any of those issues will be corrected.

    2. We are not responsible for any damage that may result from your dealing with any other Plume

  12. LIMITATION OF LIABILITY.

    12.1. Nothing in these Terms shall limit or exclude our liability to you:

    1. for death or personal injury caused by our negligence;
    2. for fraudulent misrepresentation;
    3. for breach of any term implied by the Consumer Rights Act 2015 and which, by law, may not be limited or excluded;
    4. under Part I of the Consumer Protection Act 1987; or
    5. for any other liability that, by law, may not be limited or excluded.

12.2. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into these Terms.

12.3. We only supply the Products and Subscription Services for domestic and private use. You agree not to use the Products and/or Subscription Services for any commercial or business purposes and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

12.4.Except as provided in section 12.1and to the fullest extent permitted by law, the aggregate liability of the Plume entities to you for all claims arising out of or relating to the use of or any inability to use any portion of the Plume

12.5. Each provision of these Terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is intended to and does allocate the risks between the parties under these terms. 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. The limitations in this section 12 will apply even if any limited remedy fails of its essential purpose.

  1. MISCELLANEOUS.

    13.1 General Terms.

    1. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time.

    2. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself.

    3. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to”.

    4. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

13.2 Governing Law. These Terms are governed by English law, except that if you live in Scotland or Northern Ireland, there may be certain mandatory applicable laws of your country which apply for your benefit and protection in addition to or instead of certain provisions of English law.

13.3 Disputes. You agree that any dispute between you and us regarding these Terms will only be dealt with by the English courts, except that if you live in Scotland or Northern Ireland, you can choose to bring legal proceedings either in your country or in England, but if we bring legal proceedings, we may only do so in your country. The European Online Dispute Resolution platform: http://ec.europa.eu/consumers/odr/ provides information about alternate dispute resolution which may be of interest.

13.4 Privacy Policy. Please read Plume's Privacy Policy carefully for information relating to our collection, use, storage, disclosure of your personal information.

13.5 Additional Terms. Your use of the Plume HomePass Services is subject to all additional terms, policies, rules, or guidelines applicable to the Plume HomePass Services or certain features of the Plume HomePass Services that we may post on or link to from the Plume HomePass Services (the "Additional Terms").

13.6 Contact Information. The Plume HomePass Services are offered by Plume Design, Inc., a company located at 290 S. California Ave #200, Palo Alto, CA 94306 [and with VAT number [GB259589439000]]. You may contact us by sending correspondence to that address or by emailing us at support@plume.com. You can access a copy of these Terms by clicking here.

13.7 Notice Regarding Apple. This Section 13.7 only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and Plume only, not with Apple Inc. ("Apple”), and Apple is not responsible for the Plume HomePass Services or the content thereof. Apple has no obligation to furnish any maintenance and support services with respect to the Plume HomePass Services. If the Plume HomePass Services fail to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Plume HomePass Services. Apple is not responsible for addressing any claims by you or any third party relating to the Plume HomePass Services or your possession and/or use of the Plume HomePass Services, including: (a) product liability claims; (b) any claim that the Plume HomePass Services fails to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Plume HomePass Services and/or your possession and use of the Plume HomePass Services infringe a third party's intellectual property rights. You agree to comply with any applicable third party terms when using the Plume HomePass Services. Apple and Apple's subsidiaries are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.