The Plug is an ad network to help enable the purchase and sale of mobile advertisements (collectively, the “Services”). The Plug may offer additional services or revise any of the Services, at its discretion, and this Agreement will apply to all additional services or revised Services. The Plug also reserves the right to cease offering any of the Services.
We welcome any feedback or suggestions for improvements relating to The Plug App, The Plug Website(s) and/or any related products and services offered by us from time to time (“Feedback”). Where you provide Feedback to us you agree that we and our affiliates shall have a royalty free right to use such Feedback for such purposes as we see fit from time to time, including, without limitation, to create new, or enhance existing products or services offered by us, and for consumer communication or product promotion, and we shall not be required to compensate you financially for any such Feedback provided, regardless of how we or our affiliates use this.
In order to use The Plug App, you must create a user account (a “The Plug Account”). You are responsible for all uses of your The Plug Account whether by you or a third party. You should ensure that you use your personal mobile number for verification of your account and a strong password (if applicable) for your The Plug Account and that the details of your password are kept confidential and secure at all times. To the maximum extent permitted by applicable law, we shall not be liable to you for any unauthorised use of your The Plug Account resulting from your failure to maintain restricted access to your mobile device or your mobile SIM card, the confidentiality or security of your user details or failure to use a strong password. Access to your account can become restricted or outright impossible in case of a loss of your control over the mobile number to which your account is registered.
Your The Plug Account logs details of all The Plug generated by you and any transfers of The Plug to or from your The Plug Account. Please review your The Plug Account regularly. If you identify any erroneous transaction or unexpected activity on your The Plug Account, or you believe that the security of your The Plug Account has been compromised, you must let us know as soon as possible.
When using The Plug App on your mobile device, you acknowledge and agree that The Plug operates in the background of your mobile device, which in turn may have an impact to the battery life of such device.
To the extent you may provide The Plug with any Personal Data (as such term is defined under the EU General Data Protection Regulation 2016/679), and the processing thereof, shall be governed under the terms set forth in this agreement.
“Plugcoins” are units of exchange that users of The Plug App may generate through verified app installations of other direct response marketing events. Plugcoins may be used to redeem products, services and other benefits via The Plug App, to the extent that such products, services and other benefits are offered by users. You acknowledge and agree that The Plug may not be redeemed for cash from The Plug or any of its affiliates, unless we expressly agree otherwise with you in writing.
We reserve the right and retain the absolute discretion to determine, and alter from time to time, the eligible forms of app installation or direct response marketing events that must be attributed to users in order to generate Plugcoins using The Plug App (for example, and without limitation, we may alter from time to time the number of plugcoins awarded for a partner app instalation).
We reserve the right and retain the absolute discretion to alter the value of plugcoins as they relate to any currencies around the world.
Plugcoins cannot be cannot be transferred, gifted, exchanged, or sold between users and each user agrees not to sell, transfer, or assist other users in selling or transferring virtual currency in any manner.
We may cap the maximum amount of Plugcoins that users of The Plug App may generate each day using The Plug App. The applicable cap may vary depending upon the membership level of the relevant user or other criteria that we chose to apply and we may alter such caps from time to time.
We may from time to time impose The Plug-denominated charges for the use of The Plug App or to enable specific functionality of The Plug App. Where we do this we will be entitled to deduct the applicable number of The Plug from your The Plug Account required to meet the applicable The Plug-denominated charges and we may retain and use The Plug that we deduct for our own benefit.
We reserve the right to impose charges in relation to the use of The Plug App in fiat currency from time to time, which may be applicable to all or specific categories of users or to the use of specific functionality or services accessed via The Plug App. The currency and amount of any such charges may be determined by us in our absolute discretion.
The Plug App allows you to send Plugcoins to third party users of The Plug App. Please ensure that you have verified the identity of the recipient of the relevant The Plug before sending them. We may make available functionality enabling the donation of The Plug to charity.
The Plug App allows various cashout methods to fiat currency. You accept that if you are under 18 years of age, you will not cashout to a Paypal account and The Plug reserves the right to remove cashout methods (including but not limited to Paypal) if you are under 18 years old and at our sole and absolute discretion.
You agree you shall not:
(a) seek to generate Plugcoins by any means other than your genuine app installations meeting the eligibility criteria specified by The Plug from time to time and, in particular and without limitation, you shall not (i) get people you know to download the application to attribute downloads of direct response marketing results to your The Plug account.
(c) operate more than one The Plug Account;
(e) reproduce, frame, display or mirror The Plug App or The Plug Website(s) other than as a necessary consequence of their normal operation by you;
(f) infringe our intellectual property rights or those of any third party in relation to your use of The Plug App or The Plug Website(s);
(g) transmit any material that is defamatory, explicit, offensive or otherwise objectionable on The Plug App or The Plug Website(s);
(h) use The Plug App or The Plug Website(s) in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
(i) employ any technology that interferes in any way with the proper operation of The Plug App or The Plug Website(s), including by blocking any advertising or promotions displayed thereon; or
(j) collect or harvest any information or data from The Plug App or The Plug Website(s) for any commercial purpose, save as otherwise agreed in writing by us.
If we discover any breach of this Section 7 by you, we may immediately suspend or terminate your access to The Plug App and remove and delete any content from The Plug App or The Plug Website(s) violating this Section 7.
In this DPA, the following terms shall have the meanings set out below: “Affiliate” means any entity which is controlled by, controls or is in common control with a Party. “Control,” for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.
“Data Controller” means the entity which determines the purposes and means of the Processing of Personal
“Data Processor” means the entity which Processes Personal Data on behalf of the Data Controller.
“Data Protection Laws” means the laws and regulations of the European Union which are applicable to the
“Data Subject” means the individual to whom Personal Data relates.
“Personal Data” means any information relating to an identified or identifiable person.
“Privacy Shield” means the EU-US Privacy Shield Framework and the Swiss-US Privacy Shield Framework as set forth by the US Department of Commerce.
“Processing” means any operation or set of operations which is performed upon Personal Data, whether or not by automatic means, such as collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction (“Process”, “Processes” and “Processed” shall have the same meaning).
“Security Breach” has the meaning set forth in Section 7 of this DPA.
“Services” means The Plug’s ad network enabling the purchase and sale of mobile advertising.
“Sub-processor” means any Data Processor engaged by Processor.
2.1 The Parties agree that with regard to the Processing of Personal Data, User is the Data Controller and The Plug is the Data Processor.
2.2 User shall, in its use or receipt of the Services, process Personal Data in accordance with the requirements of the Data Protection Laws and User will ensure that its instructions for the Processing of Personal Data comply with the Data Protection Laws. User shall ensure that it has received valid consent from Data Subjects as required by Data Protection Laws and, upon The Plug’s request, will provide The Plug with written evidence of such consent, including without limitation, the date of the consent and the consent language presented to the Data Subject. User shall have sole responsibility for the accuracy, quality, and legality of Personal Data and the means by which User obtained the Personal Data.
2.3 During the term of the Agreement, The Plug shall only Process Personal Data on behalf of and in accordance with the Agreement and User’s instructions. User instructs The Plug to Process Personal Data for the following purposes: (i) Processing in accordance with the Agreement; and (ii) Processing to comply with other reasonable instructions provided by User where such instructions are consistent with the terms of the Agreement.
2.4 The subject matter of the Processing is the performance of the Services and the Processing shall be carried out for the duration of the Agreement. The types of Personal Data and categories of Data Subjects Processed under this DPA may include the following: - Types of Personal Data: (a) end-user information consisting of identifier for advertise consent except to confirm that the request relates to User. The Plug shall provide User with commercially reasonable cooperation and assistance in relation to the handling of a Data Subject’s request, to the extent legally permitted and to the extent User does not have access to such Personal Data through its use or receipt of the Services.
4.1 The Plug shall ensure that its personnel engaged in the Processing of Personal Data are informed of the confidential nature of the Personal Data and are subject to obligations of confidentiality.
4.2 The Plug shall ensure that access to Personal Data is limited to those personnel who require such access to perform the Services.
4.3 The Plug will appoint a data protection officer where such appointment is required by Data Protection Laws.
5.1 User acknowledges and agrees that (i) The Plug Affiliates may be retained as Sub-processors; and (ii) The Plug may engage third-party Sub-processors in connection with the Services. Any such Sub-processors will be permitted to obtain Personal Data only to deliver the services The Plug has retained them to provide, and are prohibited from using Personal Data for any other purpose. The Plug agrees that any agreement with a Sub-processor will include substantially the same data protection obligations as set out in this DPA.
5.2 The Plug may continue to use those Sub-processors already engaged by The Plug or any The Plug Affiliate as at the date of this DPA.
5.3 The Plug shall give User notice of the appointment of any new Sub-processor via The Plug’s platform, via email or as otherwise generally made available to The Plug’s advertisers and publishers, including applicable details of the Processing to be undertaken by the Sub-processor. If, within 10 days of receipt of that notice, User notifies The Plug in writing of any objections (on reasonable grounds) to the proposed appointment, The Plug shall not appoint that proposed Sub-processor until reasonable steps have been taken to address the objections raised by the User and the User has been provided with a reasonable written explanation of the steps taken.
6.1 The Plug shall maintain administrative, physical and technical safeguards for protection of the security, confidentiality and integrity of Personal Data.
6.2 No more than once per year, User may engage a mutually agreed upon third-party to audit The Plug solelyfor the purposes of meeting its audit requirements pursuant to the Data Protection Laws. To request an audit,User must submit a detailed audit plan at least four (4) weeks in advance of the proposed audit date describingthe proposed scope, duration, and start date of the audit. Audit requests must be sent to email@example.com with a copy to firstname.lastname@example.org. The audit must be conducted during regular business hours,subject to obligations of confidentiality and The Plug’s policies, and may not unreasonably interfere with The Plug’s business activities. Any audits are at the User's expense.
6.3 Any request for The Plug to provide assistance with an audit is considered a separate service if such audit assistance requires the use of resources different from or in addition to those required by law. User shall reimburse The Plug for any time spent for any such audit at the rates agreed to by the Parties. Before the commencement of any such audit, User and The Plug shall mutually agree upon the scope, timing, andduration of the audit in addition to the reimbursement rate for which User shall be responsible. Allreimbursement rates shall be reasonable, taking into account the resources expended by The Plug. User shallpromptly notify The Plug with information regarding any non-compliance discovered during the course of anaudit.
6.4 The Plug will reasonably cooperate with User, at User’s expense, where User is conducting a privacy impact assessment.
7.1 If The Plug becomes aware of any unlawful access to any Personal Data stored on The Plug’s equipment or in The Plug’s facilities, or unauthorized access to such equipment or facilities resulting in material loss, disclosure, or alteration of Personal Data (“Security Breach”), The Plug will promptly: (i) notify User of the Security Breach; (ii) investigate the Security Breach and provide User with information about the Security Breach; and (iii) take reasonable steps to mitigate the effects and to minimize any damage resulting from the Security Breach.
7.2. User agrees that an unsuccessful Security Breach attempt will not be subject to this Section. An unsuccessful Security Breach attempt is one that results in no unauthorized access to Personal Data or to any of The Plug’s equipment or facilities storing Personal Data, and may include, without limitation, pings and other broadcast attacks on firewalls or edge servers, port scans, unsuccessful log-on attempts, denial of service attacks, or similar incidents.
7.3. Notification(s) of Security Breaches, if any, will be delivered to one or more of User’s business, technical or administrative contacts by any means The Plug selects, including via email. It is User’s sole responsibility to ensure it maintains accurate contact information on The Plug’s support systems at all times.
The Plug shall return Personal Data to User, to the extent possible, and/or delete Personal Data in accordance with The Plug’s data retention policies which adhere to requirements of Data Protection Laws, and in a manner consistent with the terms of the Agreement.
The Plug is self-certified to and complies with the Privacy Shield, and The Plug shall maintain its selfcertification to and compliance with the Privacy Shield with respect to the Processing of Personal Data that is transferred from the European Economic Area to the United States.
Each Party’s and all of its Affiliates liability in the aggregate arising out of or relating to this DPA, whether in contract, tort, or under any other theory of liability is subject to the “Limitation of Liability” section of the Agreement, and any reference in such section to the liability of a Party means the aggregate liability of that Party and all of its Affiliates under the Agreement and all DPAs together.
Nothing in this DPA shall confer any benefits or rights on any person or entity other than the Parties to this DPA.
This DPA shall terminate automatically upon termination of the Agreement.
You agree to indemnify, defend and hold harmless The Plug, its officers, managers, directors and employees, for any claims, demands, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of or from (a) your use of or inability to use the Site or Services (b) your violation of any term of this Agreement, including your representations and warranties (c) your violation of any right of a third party, or (d) your violation of any applicable laws, rules or regulations. The Plug reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with The Plug in asserting any available defenses.
You agree that California law (without giving effect to its conflicts of law principles) will govern this Agreement, the Site and the Services and that any dispute arising out of, from, or relating to this Agreement, the Site or the Services will be subject to the exclusive jurisdiction and venue of the federal and state courts located in San Francisco County, California. You acknowledge and agree that any violation of this Agreement may cause The Plug irreparable harm, and therefore agree that The Plug will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that The Plug may have for a breach of this Agreement.
The Plug reserves the right at any time, without liability of any kind, in its absolute discretion (i) to change, suspend, restrict or disable your access to The Plug App and/or The Plug Website(s), and/or (ii) alter the functionality or contents of The Plug App and/or The Plug Website(s) with or without notice to you.
We may issue updates to The Plug App from time to time. Depending upon the nature of the update, you may not be able to continue to use The Plug App until you have downloaded the latest version of The Plug App.
In relation to any matters concerning The Plug App and The Plug Website(s), including any feedback, questions, complaints or claims, please contact us by email to email@example.com
The Plug welcomes any feedback you may have on The Plug App.
The Plug App and The Plug Website(s) are provided “as is” and “as available” without any representation, warranty or undertaking of any kind as to the availability, performance, accuracy, or completeness of The Plug App, The Plug Website(s) or the contents of any of them. The Plug does not warrant or undertake that use and availability of The Plug App and The Plug Website(s) will be uninterrupted or error-free.
TO THE MAXIMUM EXTENT POSSIBLE UNDER APPLICABLE LAW NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS MADE IN RELATION TO THE Plug APP OR THE Plug WEBSITE(S). IF THIS EXCLUSION DOES NOT APPLY UNDER APPLICABLE LAW THE LIABILITY OF THE PLUG IN RELATION TO ANY SUCH WARRANTY SHALL IN SUCH CASE BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
For your convenience The Plug may include in The Plug App or The Plug Website(s) links to other sites on the internet that are owned or operated by third parties (“Third Party Websites”). You also agree that The Plug has no control over the content of Third Party Websites and does not have any responsibility for any material available on such Third-Party Websites nor for any use of or reliance on the contents of such Third Party Websites by you.
The Plug App and The Plug Website(s) may include content submitted by other users of The Plug App and The Plug Website(s) (“Third Party Content”). You acknowledge that any use of or reliance on such content by you is entirely at your own risk and we are not responsible for such Third Party Content.
The fact that we may link to a Third Party Website, or display Third Party Content, does not imply that we endorse the site or the products or services on such Third Party Website or that we have reviewed, approved, or verified the Third Party Content.
From time to time we may make available additional terms or guidance in relation to the usage of The Plug App or The Plug Website(s), and where we do this, you agree to comply with such additional terms or guidance that we make available by continuing to use The Plug App or any The Plug Website(s).
The Plug App enables users to offer goods, services and other benefits to other users that may be redeemed in exchange for Plugcoins (such functionality being the “The Plug Marketplace”).
To the extent that The Plug agrees to administer on your behalf via The Plug’s own account any offer of goods or services or other benefits in exchange for Plugcoins on The Plug Marketplace, The Plug shall be entitled to retain up to 100% of the Plugcoins received for its own benefit in its absolute discretion.
You agree that The Plug has no responsibility for any goods, services or other benefits offered by you or by any third party on The Plug Marketplace. You agree that we have no control over and do not guarantee the quality, safety or legality of any goods, services or other benefits offered by users, the truth or accuracy of their offers, the ability of users to provide any goods, services or other benefits offered, or that a user will actually complete or perform a transaction. Save as otherwise expressly agreed with you, we and our affiliates do not act as agent, contractor, partner or any form of representative of you or any other user of The Plug Marketplace. Our operation of The Plug Marketplace should not be taken as an endorsement (express or implied) of any goods, services or other benefits offered on it, nor of any user.
The Plug is entitled to alter the selection of goods services and other benefits on offer, and the number of Plugcoins required to redeem any such goods, services or other benefits offered, on The Plug Marketplace, as well as to limit the number of possible redemptions of any good, service or other benefit by any user or group of users in its absolute discretion. Where we wish to do this, we will notify you first and give you the opportunity to de-list the relevant goods, services or other benefits, if you do not agree with the revised number of Plugcoins required.
You represent and warrant to us that any goods, services or other benefits that you offer on The Plug Marketplace will: (i) conform to the description you provide for them, (ii) comply with all applicable laws and regulations, (iii) be of satisfactory quality, (iv) conform to our acceptable use requirements (stated in Section 7 above), and (v) be delivered in full once a user redeems the relevant goods services or other benefits using the requisite number of Plugcoins in accordance with your stated terms and conditions.
You agree that we may remove any listing or offer on The Plug Marketplace at any time in our absolute discretion. All goods, services or other benefits listed on The Plug Marketplace are offered subject to their availability (which may be limited where stated on the listing) and the applicable terms and conditions of the user listing the relevant offer, and may be withdrawn at any time before they are duly redeemed. Particular goods, services or benefits may be offered via The Plug marketplace only to specific categories of user or to individually selected users, where we agree in writing or make available the necessary functionality to facilitate this.
You agree that disputes in relation to any goods, services or other benefit redeemed via The Plug Marketplace shall be resolved in accordance with the terms and conditions applicable to the relevant transaction between the parties to such transaction. While we may elect to help facilitate the resolution of such disputes through programmes that we develop, to the maximum extent permitted by applicable law we accept no liability in connection with any transaction that we have not directly participated in.
You agree that we and our affiliates have no responsibility to facilitate or offer returns, exchanges or refunds in connection with transactions on The Plug Marketplace that we have not participated in.
We make no representation, warranty or undertaking that the offer, sale, purchase, export, import or use of any goods, services or other benefits offered on The Plug marketplace is valid and legal under the laws that apply to you. You accept sole responsibility to ensure the legality of any offer, sale, purchase, export, import or use or any goods, services or other benefits that you list or redeem using The Plug Marketplace.
As a form of marketplace curation The Plug may offer an option for the users to report an offer via The Plug app functionality and reserves a right after a review to delist the offer from The Plug Marketplace.
You acknowledge that The Plug App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of The Plug App meet your requirements. To the maximum extent permitted under applicable law we have no liability whether in contract, tort (including negligence) or otherwise for any (i) loss of profit, loss of business, business interruption, or loss of business opportunity, arising out of or in connection with The Plug App, The Plug Website(s) and/or this Agreement, or (ii) loss, damage or other liability arising out of the unavailability or malfunctioning of, or other deprivation of access to, The Plug App or The Plug Website(s) or any inaccurate or incomplete content on either, or (iii) any loss, damage or other liability arising as a result of any reallocation of Plugcoins by us.
3. You and we acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to The Plug App. We do not offer maintenance or support services in connection with The Plug App.
5. We, not Apple, are responsible for addressing any claims by you or any third party relating to The Plug App or your possession and/or use of The Plug App, including, but not limited to: (i) product liability claims; (ii) any claim that The Plug App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
6. In the event of any third party claim that The Plug App or your possession or use of The Plug App infringes that third party’s intellectual property rights, The Plug and not Apple will be responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
7. You 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.
8. You must comply with any third party terms that are applicable to the use of The Plug App from time to time.