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TERMS AND CONDITIONS

ORDERS PLACED AFTER SEPTEMBER 10TH 2018

Terms and Conditions

 

These terms and conditions of sale ("Terms") govern the purchase of any products ("Products") from Plaato AS, PLAATO Inc. or any of their respective subsidiaries ("PLAATO" or "we") unless where there is a separate executed written agreement with customer ("Customer" or "you") that specifically supersedes the Terms.

 

1. PRODUCT ORDERS

Customers that want to purchase Products may do so by clicking on the "order now" (or similar) button on the PLAATO website and follow the instructions. Once an order is placed PLAATO will confirm it by sending an order confirmation ("Order Confirmation") to Customer's email address. PLAATO is not bound to sell any Product until an Order Confirmation has issued and payment has been processed. The Order Confirmation will contain information regarding the ordered quantity, their price, and the estimated shipment date. 

 

Our acceptance of your order is expressly conditioned upon your unconditional acceptance of these Terms. We do not accept any changes to or rejections of the Terms that you communicate to us in any form, any attempts to change or reject the Terms will be null and of no effect.

 

2. CANCELLATION OF PRE-ORDERS

You may cancel the pre-order until you receive notification of shipment from PLAATO. PLAATO will notify you at least 14 days prior to the shipment date. PLAATO will strive to reimburse your complete payment for the pre-order within six (6) weeks after your cancellation. Please note, however, that the funds raised with your pre-order may be partially invested in product development. Delivery is contingent on sufficient funds to complete the development and manufacturing of the products. Hence, PLAATO cannot guarantee that you will receive a full refund in all cases as the funds raised by your pre-order may be lost, either fully or partially. 

 

PLAATO may cancel your order before the shipment date at PLAATO's own discretion. PLAATO will reimburse all your payments in the event of such cancellation.

 

3. RETURNS

You may request to return any unused Products for a full refund within fourteen (14) days of delivery. This right does not apply to any Products that have been used, or are stated by us to be non-returnable, including any items or goods that have been personalized or modified in accordance with your instructions. The Products must be fully returned in the original packaging with the applicable proof of purchase and you will be responsible for the cost of returning the goods to us. If, on return to us, it is determined that the Products have been used, damaged, are missing components, or are not in a resalable condition we may charge a restocking fee, or otherwise reduce the amount of your refund to take account of this damage, use, or missing components.

 

4. DESCRIPTION OF THE PRODUCT

PLAATO strives to provide a complete and accurate description of the products offered. Nevertheless, PLAATO cannot guarantee a complete resemblance between the illustration material, such as pictures, videos and written descriptions, and the actual products. 

 

PLAATO also reserves the right to change and modify the product specifications, such as storage capacity, accuracy, weight, material selection, form, color and other physical dimensions and technical specifications in the period up to the shipping date. An updated and final product specification will be available at least fourteen (14) days prior to the shipping date.

 

5. RETURN OF DEFECTIVE AND NONCONFORMING PRODUCTS

PLAATO warrants you a product without defects in conformance with PLAATO's strict quality policy for a period of one (1) year after you receive the products (the "Warranty Period"), or for the period prescribed by mandatory law in your country, whichever is longer.

You are responsible for inspecting the products upon delivery. If the products are defective or nonconforming, you shall notify PLAATO without undue delay. When filing a complaint, please indicate the transaction number ("transaction number") of your pre-order found on the pre-order confirmation email received at time of ordering, contact information (name and address) and reason for return. 

 

Proper use of the product is described in the warranty disclosed with the product. PLAATO disclaims any liability for non-conforming products due to improper use of the products. Such improper use includes but is not limited to damage caused by the products being dropped on solid objects such as tables or floors, or damage caused by exposing the products for other temperatures or humidity conditions than recommended in the warranty. Improper use also includes modifications, reengineering, copying and other changes to the software in breach of PLAATO's intellectual property rights in accordance with section 10. 

 

In the event of a return or repair in accordance with these Terms, the product will be repaired or replaced by PLAATO and according to our designated return process. All costs, including shipment costs, are covered by PLAATO if the process is followed correctly. To initiate such a process, you must contact PLAATO customer support at community@plaato.io for instructions.

 

6. SHIPMENT AND DELIVERY

Customer is responsible for all freight, packing, insurance and shipping-related costs that are noted or referenced on Customer's screen before a purchase is made. Once the Product is sent to the carrier, ownership of the Product and the risk of that Product's loss passes to Customer. PLAATO may provide a single or multiple shipping methods and carriers for Product delivery at its discretion. 

 

Customer understands that all estimated and scheduled shipment dates are estimates only. PLAATO will make reasonable efforts to meet the scheduled shipment dates, but in no event will we be liable for any loss, damage, or penalty resulting from any delay in shipment or delivery, nor will the carrier be deemed our agent. If Customer purchases multiple Products, we may fulfill the order in installments and charge Customer separately for each installment. We have the right to allocate our available inventory of the Products among other purchasers in such manner as we see fit. If we're not able to charge your chosen payment method or you otherwise fail to pay for your purchase, we have the right to delay or suspend shipment of Products.

 

7. PRODUCT PRICE AND TAX

The prices for the Products will be as specified during the online order process and the order confirmation you will receive. Prices are in US dollars with separate subtotal for all applicable sales taxes that you agree to pay by ordering the Product. Customer is responsible also for any other taxes applicable to the purchase, including import taxes and fees in the country where Customer asks PLAATO to ship the Products.

 

8. ASSUMPTION OF RISK

You agree to comply with all applicable local, state and national laws in connection with your use of the Product. You understand and agree that the Product is not made or intended for use in any application or hazardous environment that requires fail-safe performance, where the failure or inaccuracy of the Product or its use might result in or cause death, personal injury or significant environmental damages ("High-Risk Activities"). You agree to use precautions when using your Product. 

 

PLAATO accepts no risk, obligation or liability whatsoever to you or any third party for any of the following ("Disclaimed Activities") performed or caused, by act or omission, by you or a third party with access to your Product: 

 

  • use of the Product contrary to PLAATO's published information, specifications and instructions, including, but not limited to, storage requirements and environmental conditions or ranges for temperature or humidity, leaving the Product in direct sunlight for long periods, use of the Product in other environments than home, use of the Product in combination with any third party device not provided or recommended by PLAATO, and affixing anything to the Product;

  • repairs, modifications, adjustments or repairs to the Product made by a party not authorized by PLAATO;

  • damage from any external cause, including, but not limited to, sand, dirt, improper usage of any electrical source  or local power surges;

  • any damage to property or persons caused by your Product that is not caused by material defect for which PLAATO is held responsible, including your failure to properly operate or understand the functionalities of the Product;

  • improper use such as submerging in liquid, using on fermentations above 50L / 13 US gallons

  • failure to determine the suitability of the Product for your intended use;

  • failing to make sure that any other person who uses the Product also complies with these terms and any other guidance we provide you, whether this guidance is included in writing with the Product or made available on our website;

  • any continued use of the Product after you detect any material defect, including erratic responses to user input;

  • any other use of the Product that must reasonably be considered improper.

 

9. LIMITATION OF LIABILITY

ALL REMEDIES ARE STRICTLY SUBJECT TO OUR WARRANTY PROGRAM. EXCEPT FOR REMEDIES PROVIDED PURSUAN TO OUR WARRRANTY PROGRAM, THE PRODUCTS ARE PROVIDED ON AN "AS IS" BASIS AND WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTY FOR SPECIFIC PURPOSE. YOUR USE OF THE PRODUCTS IS AT YOUR OWN RISK, AND IN NO EVENT WILL PLAATO BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, USE, PROFITS, DATA, OR GOODWILL) OR COSTS OF PROCURING SUBSTITUTE PRODUCTS, ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THESE TERMS OR THE PURCHASE, SALE, USE, OPERATION OR PERFORMANCE OF THE PRODUCTS, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, WHETHER OR NOT PLAATO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. YOU AND PLAATO HAVE AGREED THAT THESE LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL PLAATO'S LIABILITY TO YOU ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THESE TERMS, FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY, EXCEED THE ACTUAL AMOUNT PAID TO PLAATO BY YOU FOR THE PRODUCT THAT GIVES RISE TO THE CLAIM. 

 

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

 

10. INDEMNITIES

YOU AGREE TO INDEMNIFY AND HOLD PLAATO, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS AND ADVISORS, HARMLESS FROM ANY AND ALL CLAIMS, INCLUDING BUT NOT LIMITED DAMAGES, LEGAL FEES, COST AND EXPENSES, FROM THIRD PARTIES ARISING IN CONNECTION WITH THE PRE-ORDER.

10. INTELLECTUAL PROPERTY RIGHTS

 

PLAATO has the exclusive and worldwide right to all intellectual property rights related to the products included in the pre-order, whether patentable or not and whether registered or not. This includes but is not limited to the construction, methods, concepts, design, source code, software logs, interface design and trademarks. 

 

Any software installed in the Products (the "Software") is licensed and not sold to PLAATO's customers. You may only use this software for its normal, intended use with the Products and in line with these Terms. When we say "sell" and "purchase" in these Terms, we mean "sell" and "purchase" only with respect to the non-software elements of the Product. These Terms apply whether or not they are included with the Products sold hereunder. 

 

Subject to your compliance with these Terms, PLAATO grants you a limited, non-exclusive, non-transferable, non-sublicensable license to use the Software as part of your use of the Product for your own personal, non-commercial purposes and for no other purposes. You may not (i) copy, modify or create derivative works based on the Software; (ii) distribute, transfer, sublicense, lease, lend or rent the Software to any third party; (iii) reverse engineer, decompile or disassemble the Software; or (iv) make the functionality of the Software available to multiple users through any means. PLAATO reserves all rights in and to the Software not expressly granted to you under these Terms. All Software is protected by U.S. and international copyright law and treaties. 

 

 

11. DISPUTE RESOLUTION

If the Customer is dissatisfied with or wishes to make a complaint in relation to the Product, Plaato’ s Customer Service may be contacted by use of an electronic form on our webpage.

Please read the following clause carefully because it requires you to arbitrate certain disputes and claims with Plaato and limits the manner in which you can seek relief from us.

Except for (a) any disputes regarding ownership or enforceability of intellectual property rights of a party; (b) any claim for injunctive relief; or (c) disputes in which either party seeks to bring an individual action in small claims court located in the county of your billing address, if the dispute meets the requirements to be heard in small claims court, you and Plaato waive your rights to a jury trial and to have any dispute arising out of or related to these Terms resolved in court. Instead, all disputes arising out of or relating to these Terms will be resolved through confidential binding arbitration held in New York City, New York before and in accordance with the Streamlined Arbitration Rules and Procedures (“Rules”) of the Judicial Arbitration and Mediation Services (“JAMS”), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.  

You and Plaato agree that any dispute arising out of or related to these Terms is personal to you and Plaato and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.

You and Plaato agree that these Terms affect interstate commerce and that the enforceability of this clause 11 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law.   As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and Plaato agree that for any arbitration you initiate, you will pay the filing fee and Plaato will pay the remaining JAMS fees and costs.  For any arbitration initiated by Plaato, Plaato will pay all JAMS fees and costs.  You and Plaato agree that the state or federal courts of the State of New York in the United States sitting in the Southern District of New York have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.  

Any claim you may have arising out of or related to these Terms must be filed within one year after such claim arose; otherwise, your claim is permanently barred, which means that you and Plaato will not have the right to assert the claim.

You have the right to opt out of binding arbitration within fourteen (14) days of the date you first accepted the terms of this clause by sending an email to community@plaato.io. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with clause 12.

These Terms and the purchase of the Product shall be governed by and construed in accordance with the laws of New York, U.S.A., without reference to its choice of law principles to the contrary. The 1980 UN Convention on Contracts for the International Sale of Goods or its successor will not apply to this Agreement. Subject to the dispute resolution clause 11, Customer hereby agrees that any disputes shall be referred to and finally resolved by the courts of located in the Southern District of New York, in the State of New York. The legal venue shall be the Southern District of New York, in the State of New York, U.S.A.

 

 

12. GENERAL TERMS

These Terms constitute the entire and exclusive understanding and agreement between you and PLAATO regarding the purchase of a Product, and these Terms supersede and replace any and all prior oral or written understandings or agreements between us regarding such a purchase. 

 

If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

 

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent which consent may be withheld in our sole discretion. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. 

 

Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to our website. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. 

 

PLAATO's failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of PLAATO. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. 

 

PRIVACY POLICY

Plaato is responsible for processing the personal data provided by Customer in relation to the purchase of the Product. For more information on Plaato’s data handling and privacy policy see:

This privacy policy provides information on how Plaato AS processes personal data. Data controller for the processing is Plaato AS, a company established and registered in Norway with organization number: 915467350, address: [Ploens gate 4, 0181 Oslo, Norway, email: community@plaato.io.

Plaato is established in Norway, and adheres to Norwegian personal data protection legislation. Plaato processes personal data relating to customers and other persons who have contacted Plaato. The different types of personal data processed, as well as the purpose of the processing, legal basis and source are further described below.

Plaato’s customers and users

Data necessary to provide Plaato’s customers with our products and services Plaato processes the following personal data for the purpose providing our customers with the products and services the customer has ordered, including entering into an agreement, effectuating a purchase, processing payment and delivering the product and the cloud service to the customer:
• Name, e-mail address, phone number, order details, credit card information or other payment information, wi-fi password (stored locally on the customer’s device, and not otherwise transferred to or accessed by Plaato), profile picture (optional), IP-address, Plaato ID.
• Data, information and documents the customer uploads, enters into or generates in Plaato’s cloud service.

The legal basis for the processing is the Personal Data Act § 8 litra a (fulfilling an agreement to which the customer is party). The data is provided to Plaato by the customer or user when purchasing a product or service from Plaato, or subsequently provided or generated by the customer when using Plaato’s cloud service. Plaato ID is generated by Plaato upon registration to the cloud service.

Marketing

Plaato processes the following personal data for the purpose of sending marketing to the customer as well as finding potential new customers based on similarities between the customer and the potential customer, using social media tools such as lookalike audience and similar:
• E-mail address

The legal basis for the processing is consent from the registered persons (Personal Data Act § 8(1)), which is voluntary to submit. The data is provided to Plaato by the customer.

Profiling for marketing purposes

Plaato wishes to provide our customers with relevant marketing and communication. In order to be able to do this, we use information about our customers to target and adjust the communication. This includes profiling the customer, which means that we make assumptions regarding our customers’ needs or preferences based on analyses of data. Plaato processes the following personal data for the purpose of profiling and analyzing our customers for marketing purposes, including targeting marketing and communication to the customer.
• Name, e-mail address, phone number, order details, IP-address, Plaato ID.
• Data, information and documents the customer uploads, enters into or generates in Plaato’s cloud service.
• Usage history and pattern of Plaato’s products and services (including how, when and how frequent the user uses our cloud service and product), data usage and metadata (such as file formats and size).

The legal basis for the processing is consent from the registered persons (Personal Data Act § 8(1)), which is voluntary to submit. The data is provided to Plaato by the customer or user when purchasing a product or service from Plaato, or subsequently provided or generated by the customer when using Plaato’s cloud service. Profiles are generated by Plaato.

Subscribers to Plaato’s newsletter

Plaato processes the following personal data for the purpose of providing subscribers with the newsletters the subscriptions comprise:
• E-mail

The legal basis for the processing is the Personal Data Act § 8 litra a (fulfilling an agreement to which the customer is party). The data is provided to Plaato by the subscriber.

Customers and others contacting Plaato’s support service

Plaato has a support service on our web site which is open for everyone to use if they have questions about our products and services. Plaato processes the following information for the purpose of answering any question or enquiry received by Plaato’s support service:
• E-mail and any other information the person sends Plaato in the enquiry.

The legal basis for the processing is the Personal Data Act § 8 litra a (fulfilling an agreement to which the customer is party). The data is provided to Plaato by customer/sender.

Customer data relating to Plaato’s cloud service is anonymized, and thereafter used in anonymized and aggregated form for statistical purposes, as well as for improvement and development of Plaato’s products and services. Anonymized data may also be used for other purposes. The legal basis for the anonymization is PDA § 8 (f) (Plaato’s legitimate interest is not overridden by the interest of the data subjects).

It is voluntary for customers to provide personal data to Plaato. The data mentioned under Data necessary to provide Plaato’s customers our products and services according to an agreement with the customer, is however necessary to provide in order to be able to use Plaato’s services and in order to purchase a product from Plaato. If a customer does not wish to provide such information, the customer will be unable to purchase Plaato’s products and services.

Processing based on consent is voluntary, and a consent can always be withdrawn by contacting Plaato via community@plaato.io.

Disclosure to third parties

Plaato does not disclose the personal data to third parties.

How long is the data stored?

Plaato deletes or anonymizes data as soon as the purpose of the processing is fulfilled:

Plaato’s customers and users
• Data uploaded or generated by the customer when using Plaato’s cloud service is deleted 3 months after the customer has deleted their account. The customer may delete data at any time through the cloud service.
• Name, contact information and order details are deleted when they are no longer necessary to process considered the purpose of the processing, and when they are no longer necessary to process in order to fulfill legal obligations or for Plaato to be able to handle claims and complaints.

Subscribers to Plaato’s news letter
• The data is deleted when the subscriber unsubscribes Plaato’s newsletter or when the newsletter is discontinued.


Instead of deletion, Plaato may permanently and irreversibly anonymous the data.

The individual’s rights Plaato’s general obligation regarding information to the public is fulfilled by this privacy policy. Registered persons also have individual rights relating to:
• Information about the processing of personal data and access to the data
• Rectification and deletion of inaccurate or incorrect data

Customers having a subscription to the cloud service may at any time rectify and/or delete personal data by logging into their user account. Persons who are registered or believe they are registered by Plaato can contact Plaato at by mail or e-mail for any use of their rights: Plaato AS, Ploens gate 4, 0181 Oslo, Norway or email at community@plaato.io

As of May 2018, the individuals also have the following rights:
• Right to be forgotten
• Right to restriction of processing
• Right to object to processing
• Right to data portability

Complaints

If you are dissatisfied with Plaato’s processing of personal data or have questions or enquiries concerning Plaato’s processing of personal data, please write to Plaato at Ploens gate 4, 0181 Oslo, Norway, or email us at community@plaato.io. We are happy to assist. Registered individuals may also file a complaint by contacting the data protection authority in Norway or if the customer is resident elsewhere, in Europe their local data protection authority. Cookie policy

By continuing to browse the site, you are agreeing to Plaato’s use of cookies. For further information please see our privacy policy here.

What are cookies and what are they used for? Cookies are small pieces of information stored on your computer, tablet or smart phone when you visit certain websites. We use these cookies: Google Analytics, Google AdWords, Facebook Pixel, New Relic, Hotjar, Sleeknote, Crazyegg.

 

 

These Terms were last updated September 10th, 2018

 

 

 

 

ORDERS PLACED BEFORE SEPTEMBER 10TH 2018

Terms and Conditions

 

These terms and conditions of sale ("Terms") govern the purchase of any products ("Products") from Plaato AS, PLAATO Inc. or any of their respective subsidiaries ("PLAATO" or "we") unless where there is a separate executed written agreement with customer ("Customer" or "you") that specifically supersedes the Terms.

 

1. PRODUCT ORDERS

Customers that want to purchase Products may do so by clicking on the "order now" (or similar) button on the PLAATO website and follow the instructions. Once an order is placed PLAATO will confirm it by sending an order confirmation ("Order Confirmation") to Customer's email address. PLAATO is not bound to sell any Product until an Order Confirmation has issued and payment has been processed. The Order Confirmation will contain information regarding the ordered quantity, their price, and the estimated shipment date. 

 

Our acceptance of your order is expressly conditioned upon your unconditional acceptance of these Terms. We do not accept any changes to or rejections of the Terms that you communicate to us in any form, any attempts to change or reject the Terms will be null and of no effect.

 

2. CANCELATION OF PRE-ORDERS

You may cancel the pre-order until you receive notification of shipment from PLAATO. PLAATO will notify you at least 14 days prior to the shipment date. PLAATO will strive to reimburse your complete payment for the pre-order within six (6) weeks after your cancellation. Please note, however, that the funds raised with your pre-order may be partially invested in product development. Delivery is contingent on sufficient funds to complete the development and manufacturing of the products. Hence, PLAATO cannot guarantee that you will receive a full refund in all cases as the funds raised by your pre-order may be lost, either fully or partially. 

 

PLAATO may cancel your order before the shipment date at PLAATO's own discretion. PLAATO will reimburse all your payments in the event of such cancellation.

 

3. DESCRIPTION OF THE PRODUCT

PLAATO strives to provide a complete and accurate description of the products offered. Nevertheless, PLAATO cannot guarantee a complete resemblance between the illustration material, such as pictures, videos and written descriptions, and the actual products. 

 

PLAATO also reserves the right to change and modify the product specifications, such as storage capacity, accuracy, weight, material selection, form, color and other physical dimensions and technical specifications in the period up to the shipping date. An updated and final product specification will be available at least fourteen (14) days prior to the shipping date.

 

4. RETURN OF DEFECTIVE AND NONCONFORMING PRODUCTS

PLAATO warrants you a product without defects in conformance with PLAATO's strict quality policy for a period of one (1) year after you receive the products (the "Warranty Period"), or for the period prescribed by mandatory law in your country, whichever is longer.

You are responsible for inspecting the products upon delivery. If the products are defective or nonconforming, you shall notify PLAATO without undue delay. When filing a complaint, please indicate the transaction number ("transaction number") of your pre-order found on the pre-order confirmation email received at time of ordering, contact information (name and address) and reason for return. 

 

Proper use of the product is described in the warranty disclosed with the product. PLAATO disclaims any liability for non-conforming products due to improper use of the products. Such improper use includes but is not limited to damage caused by the products being dropped on solid objects such as tables or floors, or damage caused by exposing the products for other temperatures or humidity conditions than recommended in the warranty. Improper use also includes modifications, reengineering, copying and other changes to the software in breach of PLAATO's intellectual property rights in accordance with section 10. 

 

In the event of a return or repair in accordance with these Terms, the product will be repaired or replaced by PLAATO and according to our designated return process. All costs, including shipment costs, are covered by PLAATO if the process is followed correctly. To initiate such a process, you must contact PLAATO customer support at community@plaato.io for instructions.

 

5. SHIPMENT AND DELIVERY

Customer is responsible for all freight, packing, insurance and shipping-related costs that are noted or referenced on Customer's screen before a purchase is made. Once the Product is sent to the carrier, ownership of the Product and the risk of that Product's loss passes to Customer. PLAATO may provide a single or multiple shipping methods and carriers for Product delivery at its discretion. 

 

Customer understands that all estimated and scheduled shipment dates are estimates only. PLAATO will make reasonable efforts to meet the scheduled shipment dates, but in no event will we be liable for any loss, damage, or penalty resulting from any delay in shipment or delivery, nor will the carrier be deemed our agent. If Customer purchases multiple Products, we may fulfill the order in installments and charge Customer separately for each installment. We have the right to allocate our available inventory of the Products among other purchasers in such manner as we see fit. If we're not able to charge your chosen payment method or you otherwise fail to pay for your purchase, we have the right to delay or suspend shipment of Products.

 

6. PRODUCT PRICE AND TAX

The prices for the Products will be as specified during the online order process and the order confirmation you will receive. Prices are in US dollars with separate subtotal for all applicable sales taxes that you agree to pay by ordering the Product. Customer is responsible also for any other taxes applicable to the purchase, including import taxes and fees in the country where Customer asks PLAATO to ship the Products.

 

7. ASSUMPTION OF RISK

You agree to comply with all applicable local, state and national laws in connection with your use of the Product. You understand and agree that the Product is not made or intended for use in any application or hazardous environment that requires fail-safe performance, where the failure or inaccuracy of the Product or its use might result in or cause death, personal injury or significant environmental damages ("High-Risk Activities"). You agree to use precautions when using your Product. 

 

PLAATO accepts no risk, obligation or liability whatsoever to you or any third party for any of the following ("Disclaimed Activities") performed or caused, by act or omission, by you or a third party with access to your Product: 

 

  • use of the Product contrary to PLAATO's published information, specifications and instructions, including, but not limited to, storage requirements and environmental conditions or ranges for temperature or humidity, leaving the Product in direct sunlight for long periods, use of the Product in other environments than home, use of the Product in combination with any third party device not provided or recommended by PLAATO, and affixing anything to the Product;

  • repairs, modifications, adjustments or repairs to the Product made by a party not authorized by PLAATO;

  • damage from any external cause, including, but not limited to, sand, dirt, improper usage of any electrical source  or local power surges;

  • any damage to property or persons caused by your Product that is not caused by material defect for which PLAATO is held responsible, including your failure to properly operate or understand the functionalities of the Product;

  • improper use such as submerging in liquid, using on fermentations above 50L / 13 US gallons

  • failure to determine the suitability of the Product for your intended use;

  • failing to make sure that any other person who uses the Product also complies with these terms and any other guidance we provide you, whether this guidance is included in writing with the Product or made available on our website;

  • any continued use of the Product after you detect any material defect, including erratic responses to user input;

  • any other use of the Product that must reasonably be considered improper.

 

8. LIMITATION OF LIABILITY

ALL REMEDIES ARE STRICTLY SUBJECT TO OUR WARRANTY PROGRAM. EXCEPT FOR REMEDIES PROVIDED PURSUAN TO OUR WARRRANTY PROGRAM, THE PRODUCTS ARE PROVIDED ON AN "AS IS" BASIS AND WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTY FOR SPECIFIC PURPOSE. YOUR USE OF THE PRODUCTS IS AT YOUR OWN RISK, AND IN NO EVENT WILL PLAATO BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, USE, PROFITS, DATA, OR GOODWILL) OR COSTS OF PROCURING SUBSTITUTE PRODUCTS, ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THESE TERMS OR THE PURCHASE, SALE, USE, OPERATION OR PERFORMANCE OF THE PRODUCTS, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, WHETHER OR NOT PLAATO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. YOU AND PLAATO HAVE AGREED THAT THESE LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL PLAATO'S LIABILITY TO YOU ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THESE TERMS, FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY, EXCEED THE ACTUAL AMOUNT PAID TO PLAATO BY YOU FOR THE PRODUCT THAT GIVES RISE TO THE CLAIM. 

 

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

 

9. INDEMNITIES

YOU AGREE TO INDEMNIFY AND HOLD PLAATO, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS AND ADVISORS, HARMLESS FROM ANY AND ALL CLAIMS, INCLUDING BUT NOT LIMITED DAMAGES, LEGAL FEES, COST AND EXPENSES, FROM THIRD PARTIES ARISING IN CONNECTION WITH THE PRE-ORDER.

10. INTELLECTUAL PROPERTY RIGHTS

 

PLAATO has the exclusive and worldwide right to all intellectual property rights related to the products included in the pre-order, whether patentable or not and whether registered or not. This includes but is not limited to the construction, methods, concepts, design, source code, software logs, interface design and trademarks. 

 

Any software installed in the Products (the "Software") is licensed and not sold to PLAATO's customers. You may only use this software for its normal, intended use with the Products and in line with these Terms. When we say "sell" and "purchase" in these Terms, we mean "sell" and "purchase" only with respect to the non-software elements of the Product. These Terms apply whether or not they are included with the Products sold hereunder. 

 

Subject to your compliance with these Terms, PLAATO grants you a limited, non-exclusive, non-transferable, non-sublicensable license to use the Software as part of your use of the Product for your own personal, non-commercial purposes and for no other purposes. You may not (i) copy, modify or create derivative works based on the Software; (ii) distribute, transfer, sublicense, lease, lend or rent the Software to any third party; (iii) reverse engineer, decompile or disassemble the Software; or (iv) make the functionality of the Software available to multiple users through any means. PLAATO reserves all rights in and to the Software not expressly granted to you under these Terms. All Software is protected by U.S. and international copyright law and treaties. 

 

 

10. DISPUTE RESOLUTION

If the Customer is dissatisfied with or wishes to make a complaint in relation to the Product, Plaato’ s Customer Service may be contacted by use of an electronic form on our webpage.

Please read the following clause carefully because it requires you to arbitrate certain disputes and claims with Plaato and limits the manner in which you can seek relief from us.

Except for (a) any disputes regarding ownership or enforceability of intellectual property rights of a party; (b) any claim for injunctive relief; or (c) disputes in which either party seeks to bring an individual action in small claims court located in the county of your billing address, if the dispute meets the requirements to be heard in small claims court, you and Plaato waive your rights to a jury trial and to have any dispute arising out of or related to these Terms resolved in court. Instead, all disputes arising out of or relating to these Terms will be resolved through confidential binding arbitration held in New York City, New York before and in accordance with the Streamlined Arbitration Rules and Procedures (“Rules”) of the Judicial Arbitration and Mediation Services (“JAMS”), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.  

You and Plaato agree that any dispute arising out of or related to these Terms is personal to you and Plaato and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.

You and Plaato agree that these Terms affect interstate commerce and that the enforceability of this clause 11 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law.   As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and Plaato agree that for any arbitration you initiate, you will pay the filing fee and Plaato will pay the remaining JAMS fees and costs.  For any arbitration initiated by Plaato, Plaato will pay all JAMS fees and costs.  You and Plaato agree that the state or federal courts of the State of New York in the United States sitting in the Southern District of New York have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.  

Any claim you may have arising out of or related to these Terms must be filed within one year after such claim arose; otherwise, your claim is permanently barred, which means that you and Plaato will not have the right to assert the claim.

You have the right to opt out of binding arbitration within fourteen (14) days of the date you first accepted the terms of this clause by sending an email to community@plaato.io. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with clause 12.

These Terms and the purchase of the Product shall be governed by and construed in accordance with the laws of New York, U.S.A., without reference to its choice of law principles to the contrary. The 1980 UN Convention on Contracts for the International Sale of Goods or its successor will not apply to this Agreement. Subject to the dispute resolution clause 11, Customer hereby agrees that any disputes shall be referred to and finally resolved by the courts of located in the Southern District of New York, in the State of New York. The legal venue shall be the Southern District of New York, in the State of New York, U.S.A.

 

 

11. GENERAL TERMS

These Terms constitute the entire and exclusive understanding and agreement between you and PLAATO regarding the purchase of a Product, and these Terms supersede and replace any and all prior oral or written understandings or agreements between us regarding such a purchase. 

 

If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

 

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent which consent may be withheld in our sole discretion. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. 

 

Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to our website. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. 

 

PLAATO's failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of PLAATO. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. 

 

PRIVACY POLICY

Plaato is responsible for processing the personal data provided by Customer in relation to the purchase of the Product. For more information on Plaato’s data handling and privacy policy see, [INSERT LINK HERE]

This privacy policy provides information on how Plaato AS processes personal data. Data controller for the processing is Plaato AS, a company established and registered in Norway with organization number: 915467350, address: [Ploens gate 4, 0181 Oslo, Norway, email: community@plaato.io.

Plaato is established in Norway, and adheres to Norwegian personal data protection legislation. Plaato processes personal data relating to customers and other persons who have contacted Plaato. The different types of personal data processed, as well as the purpose of the processing, legal basis and source are further described below.

Plaato’s customers and users

Data necessary to provide Plaato’s customers with our products and services Plaato processes the following personal data for the purpose providing our customers with the products and services the customer has ordered, including entering into an agreement, effectuating a purchase, processing payment and delivering the product and the cloud service to the customer:
• Name, e-mail address, phone number, order details, credit card information or other payment information, wi-fi password (stored locally on the customer’s device, and not otherwise transferred to or accessed by Plaato), profile picture (optional), IP-address, Plaato ID.
• Data, information and documents the customer uploads, enters into or generates in Plaato’s cloud service.

The legal basis for the processing is the Personal Data Act § 8 litra a (fulfilling an agreement to which the customer is party). The data is provided to Plaato by the customer or user when purchasing a product or service from Plaato, or subsequently provided or generated by the customer when using Plaato’s cloud service. Plaato ID is generated by Plaato upon registration to the cloud service.

Marketing

Plaato processes the following personal data for the purpose of sending marketing to the customer as well as finding potential new customers based on similarities between the customer and the potential customer, using social media tools such as lookalike audience and similar:
• E-mail address

The legal basis for the processing is consent from the registered persons (Personal Data Act § 8(1)), which is voluntary to submit. The data is provided to Plaato by the customer.

Profiling for marketing purposes

Plaato wishes to provide our customers with relevant marketing and communication. In order to be able to do this, we use information about our customers to target and adjust the communication. This includes profiling the customer, which means that we make assumptions regarding our customers’ needs or preferences based on analyses of data. Plaato processes the following personal data for the purpose of profiling and analyzing our customers for marketing purposes, including targeting marketing and communication to the customer.
• Name, e-mail address, phone number, order details, IP-address, Plaato ID.
• Data, information and documents the customer uploads, enters into or generates in Plaato’s cloud service.
• Usage history and pattern of Plaato’s products and services (including how, when and how frequent the user uses our cloud service and product), data usage and metadata (such as file formats and size).

The legal basis for the processing is consent from the registered persons (Personal Data Act § 8(1)), which is voluntary to submit. The data is provided to Plaato by the customer or user when purchasing a product or service from Plaato, or subsequently provided or generated by the customer when using Plaato’s cloud service. Profiles are generated by Plaato.

Subscribers to Plaato’s newsletter

Plaato processes the following personal data for the purpose of providing subscribers with the newsletters the subscriptions comprise:
• E-mail

The legal basis for the processing is the Personal Data Act § 8 litra a (fulfilling an agreement to which the customer is party). The data is provided to Plaato by the subscriber.

Customers and others contacting Plaato’s support service

Plaato has a support service on our web site which is open for everyone to use if they have questions about our products and services. Plaato processes the following information for the purpose of answering any question or enquiry received by Plaato’s support service:
• E-mail and any other information the person sends Plaato in the enquiry.

The legal basis for the processing is the Personal Data Act § 8 litra a (fulfilling an agreement to which the customer is party). The data is provided to Plaato by customer/sender.

Customer data relating to Plaato’s cloud service is anonymized, and thereafter used in anonymized and aggregated form for statistical purposes, as well as for improvement and development of Plaato’s products and services. Anonymized data may also be used for other purposes. The legal basis for the anonymization is PDA § 8 (f) (Plaato’s legitimate interest is not overridden by the interest of the data subjects).

It is voluntary for customers to provide personal data to Plaato. The data mentioned under Data necessary to provide Plaato’s customers our products and services according to an agreement with the customer, is however necessary to provide in order to be able to use Plaato’s services and in order to purchase a product from Plaato. If a customer does not wish to provide such information, the customer will be unable to purchase Plaato’s products and services.

Processing based on consent is voluntary, and a consent can always be withdrawn by contacting Plaato via community@plaato.io.

Disclosure to third parties

Plaato does not disclose the personal data to third parties.

How long is the data stored?

Plaato deletes or anonymizes data as soon as the purpose of the processing is fulfilled:

Plaato’s customers and users
• Data uploaded or generated by the customer when using Plaato’s cloud service is deleted 3 months after the customer has deleted their account. The customer may delete data at any time through the cloud service.
• Name, contact information and order details are deleted when they are no longer necessary to process considered the purpose of the processing, and when they are no longer necessary to process in order to fulfill legal obligations or for Plaato to be able to handle claims and complaints.

Subscribers to Plaato’s newsletter
• The data is deleted when the subscriber unsubscribes Plaato’s newsletter or when the newsletter is discontinued.


Instead of deletion, Plaato may permanently and irreversibly anonymous the data.

The individual’s rights Plaato’s general obligation regarding information to the public is fulfilled by this privacy policy. Registered persons also have individual rights relating to:
• Information about the processing of personal data and access to the data
• Rectification and deletion of inaccurate or incorrect data

Customers having a subscription to the cloud service may at any time rectify and/or delete personal data by logging into their user account. Persons who are registered or believe they are registered by Plaato can contact Plaato at by mail or e-mail for any use of their rights: Plaato AS, Ploens gate 4, 0181 Oslo, Norway or email at community@plaato.io

As of May 2018, the individuals also have the following rights:
• Right to be forgotten
• Right to restriction of processing
• Right to object to processing
• Right to data portability

Complaints

If you are dissatisfied with Plaato’s processing of personal data or have questions or enquiries concerning Plaato’s processing of personal data, please write to Plaato at Ploens gate 4, 0181 Oslo, Norway, or email us at community@plaato.io. We are happy to assist. Registered individuals may also file a complaint by contacting the data protection authority in Norway or if the customer is resident elsewhere, in Europe their local data protection authority. Cookie policy

By continuing to browse the site, you are agreeing to Plaato’s use of cookies. For further information please see our privacy policy here.

What are cookies and what are they used for? Cookies are small pieces of information stored on your computer, tablet or smart phone when you visit certain websites. We use these cookies: Google Analytics, Google AdWords, Facebook Pixel, New Relic, Hotjar, Sleeknote, Crazyegg.

 

 

These Terms were last updated July 01, 2017