This end user license agreement is a legal agreement between you and Plondo, Inc. (Licensor) stating the terms and conditions that govern your use of the Plondex website and mobile app. Please read this agreement carefully. By purchasing, downloading, installing and/or using the licensed application, you are indicating that you agree to be bound by and comply with the terms and conditions set forth in this agreement. If you do not agree to these terms and conditions, do not download, install and/or use the licensed application.
Our website and app may include links to other websites whose Terms may be different from those of Plondex. The terms specified here do not apply to those third-party websites.
Before you sign up for Plondex services, you must agree to our terms. You will only be able to create an account after you agree to these terms. From here on, both the website and the app will be referred to as Plondex. By using or visiting Plondex, you consent to these terms.
The user is responsible for maintaining the privacy of your account and password. You are responsible for all activities that occur under your account. You must notify us immediately if your account’s security is compromised, or if you are aware of any breach of security under your account. The Licensor is not responsible for any loss of data occurred under a breach of security of your account. You may be held responsible for any losses attributable to the the unauthorized use of your account.
The Licensor operates a scheduling, time and attendance, and payroll service through the Licensed Application whereby users of Services are offered the opportunity to to set up scheduling, time and attendance, and payroll for their employees. Users of the service will be able to create an entity; add, edit, and delete employees; create employees’ schedules; track employees’ time and attendance; set up employees’ payroll; comply with labor regulations. Users of the service will be able to upload documents to the system in order to create reports and to ensure the business complies with labor regulations for each one of the employees.
The Licensed Application is intended for use by people who are 13 years of age or older, and persons under the age of 13 are prohibited from downloading, installing, and/or using the Licensed Application. You affirm that you are either (i) more than 18 years of age, or (ii) are 13 years of age or older and are an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth by this agreement and to abide by and comply with the terms contained herein. In addition, you affirm that you have not been previously suspended or removed from the Licensed Application. We may, in our sole discretion, refuse to offer the Services to any person or entity. We may, without notice and in our sole discretion, terminate your right to use the Services, or any portion, and block or prevent your future access to and use of the Services or any portion thereof.
This Agreement does not allow you to use the Licensed Application on any device that you do not own or control, and you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices simultaneously. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, or any updates or upgrades, or any part thereof. Any attempt to do so is a violation of the rights of Licensor, and its affiliates and licensors, as applicable. Should you breach this restriction, you may be subject to prosecution and liable to pay damages in accordance with law. The terms and conditions of the Agreement shall govern upgrades or updates provided by Licensor that replace and/or supplement the original Licensed Application, unless such upgrade is accompanied by or references a separate license agreement in which case the terms of that license agreement shall govern.
You agree that the Licensor or any of its affiliates or clients may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you related to the Licensed Application. The Licensor or its affiliates or clients may use this information to improve the products and/or services offered to you. In addition, the Licensor may collect certain personally identifiable information in the course of allowing you to use the Licensed Application. You acknowledge and agree that the Licensor may use this information in any manner consistent with its policies and obligations under applicable law, including without limitation for the purpose of sending promotional materials to you
Plondex includes messaging capabilities to communicate with the employees. This messaging tool must be used with the sole purpose of communicating employment-related content and not for personal use. You agree to not use this messaging tool to send any improper or illegal messages. You agree to not use this tool for any solicitation purposes or any other purposes that are not strictly related to the scheduling, time and attendance, payroll, or labor compliance of the employees in your organization. The Licensor does not hold any responsibilities for the content disseminated through the messaging tool.
The Licensor own all right, title and interest in and to the Licensed Application, including, without limitation, all intellectual and proprietary rights in all materials, including photographs, images, illustrations, design work, text, logos, icons, buttons, audio and video clips and software present in the Licensed Application, and, except for the limited license granted to you herein, nothing in this Agreement shall be construed to restrict, transfer, convey, encumber, alter, impair or otherwise adversely affect Licensor’s ownership or proprietary rights therein or any other of Licensor’s information, processes, methodologies, products, goods, services, trademarks, tangible or intangible, in any form and in any medium.
You expressly acknowledge and agree that use of the Application is at your own risk and that the entire risk as to satisfactory quality, performance, accuracy and effort of the Application and content accessible through the Application is with you. To the maximum extent permitted by applicable law, the Application and any services performed or provided by or in connection with the Application are provided “as is” and “as available,” with all bugs and faults and without warranty of any kind, and the licensor and affiliates hereby disclaim all warranties and conditions with respect to the Application and any services, either express, implied or statutory, including, without limitation, and implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, of title,and of non-infringement of third-party rights, neither the Licensor, nor any of its affiliates, content providers or licensors warrant that the functions or services contained in, accessed from, performed by, displayed on, linked to/from, or provided by, the Application will meet your requirements, that the operation of the Application or services will be uninterrupted or error-free, or that defects in the Application or services will be corrected. No oral or written information or advice given by the Licensor, affiliates or any of their respective authorized representatives shall create a warranty.
To the extent not prohibited by law, in no event shall the Licensor or its affiliates, content providers or clients be liable for any loss or damage of any kind, whether direct, indirect, incidental, special, exemplary or consequential, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the Licensed Application, however caused, regardless of the theory of liability and even if licensor or its affiliates, content providers or clients have been advised of the possibility of such damages.
You agree to indemnify, defend, and hold Licensor, its affiliates and their respective successors and assigns, officers, directors, employees, agents, licensors, representatives, , and suppliers harmless against any and all claims, demands, actions, losses, damages, costs, and expenses, arising out of or relating to your (a) breach or violation of this agreement, (b) infringement, misappropriation or any violation of the rights of any other party while or by using the Application and/or services, c) violation or non-compliance with any applicable law, rule or regulation while or by using the Application and/or services and (d) use or alteration of the Application in violation of this agreement. The Licensor reserves the right to assume the exclusive defense and control of any claims or actions subject to indemnification by you and all negotiations for its settlement or compromise, and you agree to fully cooperate with us upon our request.
No guarantee of continued use or availability. From time to time, the Licensor may make available updates or upgrades to the Application via software download or other means. Such download may occur automatically without the need for any act on your part, or it may require you to manually download an update or upgrade through the same source from which the Licensed Application was originally downloaded. Certain functions of the Application may be modified or discontinued as a result of any such update or upgrade, or may not be available if you have not downloaded all updates and upgrades made available by the Licensor or otherwise.
The Licensor may make changes to this agreement, at any time and from time to time, by notifying you of the change, including, without limitation, by including the notice in the Application or by other electronic means, and a new copy of this agreement shall be made available on the Application. By using the Application and/or services after such changes are made to the agreement, you signify that you agree to be bound by and comply with such changes and Licensor shall treat your use as acceptance of the changed provisions.
This agreement is effective until terminated by you or the Licensor. Your rights under the license granted herein shall terminate automatically without notice from the Licensor if you fail to comply with any terms or conditions of this agreement. Upon termination of this agreement, you shall cease all use of the Application, and destroy all copies, full or partial, thereof.
These Terms and your use of the Sites shall be governed by and construed in accordance with the laws of the State of Louisiana applicable to agreements made and to be entirely performed within the State of Louisiana, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in the State of Louisiana, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms. Termination. Notwithstanding any of these Terms, Plondex reserves the right, without notice and in its sole discretion, to terminate your license to use the Sites and to block or prevent your access to and use of the Sites.
These Terms constitute the entire agreement between you and us, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your access to and use of the Sites.
Our failure to enforce any provisions of these Terms or respond to a violation by any party does not waive our right to subsequently enforce the Terms or respond to any violations. Nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by us with respect to such use.