Master Service Agreement

Updated on March 6, 2025

This Plumsail Master Services Agreement (the "Agreement") is made between Plumsail Inc., a Delaware corporation ("Company", "Plumsail", "we", "our" and "us"), and you ("you", "your" and "Customer"), and governs your access to and use of our Services (as defined below). By accessing and/or using our Services, you also agree to the Plumsail Privacy Policy ("Privacy Policy") located at https://plumsail.com/privacy-policy/, and consent to any personal information we may obtain about you being collected, stored and/or otherwise processed in accordance with our Privacy Policy and this Agreement.

If you access and/or use the Services, you acknowledge and agree that you have read, understand and agree to be bound by all of the terms and conditions set forth in this Agreement, as well as all other applicable rules or policies, terms and conditions or agreements that are or may be established by Company from time to time, and the foregoing shall be incorporated herein by reference. If an individual agrees to this Agreement on behalf of a legal entity, such individual represents that the individual has the legal authority to bind such entity. This Agreement is effective as of the date when you registered for and/or started using the Services in any manner (the "Effective Date"). If you do not agree to the Agreement, do not use the Services.

1. Definitions

"Claims" has the meaning set forth in Section 9.

"Customer Data" means any text, personal information, documents, source code, pictures, video, images, audio materials, graphics, documents, data files or any other content that Customer uploads or submits to the Services. Customer Data does not include usage, statistical, learned, or technical information that does not reveal the actual contents of Customer Data.

"Disclosing Party" has the meaning set forth in Section 4.1

"DPA" has the meaning set forth in Section 6.

"Fee" means the amount Customer is required to pay for the Services as set forth on the applicable Order.

"Feedback" had the meaning set forth in Section 4.4.

"Marks" has the meaning set forth in Section 4.2.

"Order" means the purchasing provisions presented by Company and/or its third-party service provider(s) to Customer and accepted by Customer (electronically or otherwise) describing the Services to be purchased by Customer, including without limitation, the type of Services, duration and limitations of the Services, and fees associated with the Services. All Orders shall be subject to and incorporated into this Agreement.

"Proprietary Information" has the meaning set forth in Section 4.1.

"Receiving Party" has the meaning set forth in Section 4.1.

"Representatives" has the meaning set forth in Section 4.1.

"Service(s)" means Company's SaaS-based subscription services, websites, mobile applications, downloads, content, and any other products and/or services that Company may have now and/or in the future, provided by Company under this Agreement and identified in the applicable Order. All Services shall be specifically identified in the Order.

"Software" has the meaning set forth in Section 3.2.

"Taxes" has the meaning set forth in Section 5.2.

2. Services and Support

2.1 You may need to register for an account in order to access and use certain components of the Services. You agree to provide true, accurate, and current information in connection with your access to and/or use of such Services and your account (if applicable). You may be asked to provide certain information to access certain portions of the Services or to receive certain resources made available by Company. You must ensure that any user IDs and other access credentials are kept strictly confidential and not shared with any unauthorized person. You will comply with all applicable laws, rules, and/or regulations when accessing and/or using the Services. You are responsible for making necessary arrangements to use the Services, such as securing a device and/or internet access. You are responsible for ensuring that all persons who access the Services through your device and/or internet connection are aware of this Agreement and comply with this Agreement. You agree to notify Company immediately of any unauthorized access to or use of the Services or any other breach of security.

2.2 You acknowledge and agree that Company utilizes third-party service providers to host and provide the Services and store your Customer Data, and the protection of such data will be in accordance with such third party’s safeguards for the protection and the security and confidentiality of data. Such third-party service providers are identified in Company’s DPA.

2.3 Subject to the terms of this Agreement, Company will use commercially reasonable efforts to provide Customer the Services. Company will also provide Customer with reasonable technical support services in accordance with Company’s standard support plan located at https://plumsail.com/support-plans/, as amended from time to time and incorporated herein by reference.

3. Restrictions and Responsibilities

3.1 The Children’s Online Privacy Protection Act ("COPPA") requires that online service providers get parental consent before they knowingly collect personally identifiable information online from children under the age of thirteen (13). Company does not knowingly collect or solicit information from children under the age of thirteen (13). You represent and warrant that you are at least eighteen (18) years of age. If you are under eighteen (18), you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person and/or entity and change its eligibility criteria at any time. If we learn we have collected personal information from a child under the age of thirteen (13), we will delete the information, so please contact us at contact@plumsail.com if you think a child has provided us personal information.

3.2 Customer will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services ("Software"); modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted by Company or authorized within the Services); access all or any part of the Services in order to build a product or service which competes with the Services; copy or imitate part or all of the design, layout, or look-and-feel of the Services or individual sections of it, in any form or media; submit and/or transmit any materials through the Services that contain a virus, worm, Trojan horse and/or any other harmful component designed to interrupt, destroy and/or limit the functionality of any computer software and/or hardware and/or telecommunications equipment, and/or that is designed to obtain unauthorized access to any information; commit fraud and/or falsify information in connection with your access and/or use of the Services; use the Services or any Software for timesharing or service bureau purposes or otherwise; remove any proprietary notices or labels.

3.3 Further, Customer may not remove or export from the United States or allow the export or re-export of the Services, Software, or anything related thereto, or any direct product thereof in violation of any restrictions, laws, or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. As defined in FAR section 2.101, the Software and documentation are "commercial items" and according to DFAR section 252.227 7014(a)(1) and (5) are deemed to be "commercial computer software" and "commercial computer software documentation." Consistent with DFAR section 227.7202 and FAR section 12.212, any use modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement.

3.4 You agree to receive certain communications in connection with the Services. When you use the Services, you are communicating with us electronically, and you consent to receive communications from us electronically. We will communicate with you by e-mail and/or by posting notices on the Services. You acknowledge and agree that all agreements, notices, disclosures, and/or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

4. Confidentiality; Proprietary Rights

4.1 Each party (the "Receiving Party") understands that the other party (the "Disclosing Party") has disclosed or may disclose business, technical or financial information relating to the Disclosing Party's business (hereinafter referred to as "Proprietary Information" of the Disclosing Party). Proprietary Information of Company includes non-public information regarding features, functionality, and performance of the Services. Proprietary Information of Customer includes Customer Data that you or other users may enter, upload, or provide to Company through and/or in connection with the Services from time to time. The Receiving Party must only use the Disclosing Party’s Proprietary Information for the purposes of this Agreement and may only disclose the Disclosing Party’s Confidential Information to its officers, directors, employees, agents, and subcontractors (and their employees) ("Representatives") who have a need to know such Confidential Information solely in connection with the Agreement. The Receiving Party will cause such Representatives to comply with the Agreement and will assume full responsibility for any failure to comply with the terms of the Agreement. The Receiving Party agrees: (i) to take reasonable precautions to protect such Proprietary Information, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. The Disclosing Party agrees that the foregoing shall not apply with respect to any information after three (3) years following the expiration or termination of this Agreement (except for trade secret information or personally identifiable information, which shall be kept confidential indefinitely), or any information that the Receiving Party can document (a) is or becomes generally available to the public, or (b) was in its possession or known by it prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to it without restriction by a third party, or (d) was independently developed without use of any Proprietary Information of the Disclosing Party or (e) is required to be disclosed pursuant to a subpoena or other validly issued administrative or judicial process, provided that the Receiving Party will provide prompt notice to the Disclosing Party if legally permitted. Upon request from the Disclosing Party, the Receiving Party shall return to the Disclosing Party, destroy, or delete as the Disclosing Party directs, all original documents and copies (including those in electronic form) which contain or relate to Proprietary Information of the Disclosing Party. Each party acknowledges that in the event of a breach of this section, the Disclosing Party will be entitled to seek injunctive or such further relief as may be proper from a court of competent jurisdiction.

4.2 Excluding your Customer Data and any third-party services or content linked to or posted on the Services, the Services and their entire contents including but not limited to the Plumsail name, logos, graphics, and other information and material we provide through the Services are the property of and owned by Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary right laws. Any redistribution or reproduction of part or all of the contents of the Services, including but not limited to text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, trade dress, logos, and slogans is prohibited. As between the parties, Company and/or its licensors are the owner of and retain all rights, title, and interest in: (i) all content and information provided by Company; and (ii) any data or metadata created, aggregated, or generated by access to and/or use of the Services, including but not limited to data or insights collected from the Services or in connection with your use of the Services. Subject to the limited rights expressly granted hereunder, Company and/or its third-party licensors reserve all rights, title, and interest in and to the Services and related information, including without limitation all related worldwide intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein. Any use of the Services not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark, and other laws. The Plumsail name and logo are trademarks and/or service marks of Company (the "Marks") and we retain all rights, title, and interest in and to the Marks.

4.3 Customer represents and warrants that it has all rights, permissions, and consents necessary to (a) submit all Customer Data to the Services, and (b) grant Company the limited rights to process Customer Data as set forth in this Agreement. Customer hereby grants Company a worldwide, irrevocable, fully paid, non-exclusive right and license to use, process reproduce, distribute and display Customer Data solely: (i) as required by applicable law, (ii) as requested by Customer in writing or as allowed by Customer via Services access controls, (iii) to the extent necessary to provide, support, or optimize the Services, or (iv) as necessary to prevent or address technical problems with the Services or violations of this Agreement. Company may reject, not post, remove, deny access to, or delete any Customer Data which breaches this Agreement.

4.4 Notwithstanding anything to the contrary, Company shall have the right to collect and analyze data and other information relating to the provision, use, and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning Customer Data and data derived therefrom), and Company will be free (during and after the term hereof) to (i) use such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other Company offerings, and (ii) disclose such data solely in aggregate or other de-identified form in connection with its business. No rights or licenses are granted except as expressly set forth herein. Customer allows Company to use Customer's name and logo for Company's marketing purposes without cost.

4.5 Company does not seek any unsolicited ideas and/or materials for the Services. If you provide us with any feedback, suggestions, improvements, reviews, enhancements, or recommendations relating to the Services ("Feedback"), then you further grant to Company a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate any such Feedback. Company has no obligations to review any Feedback and may use and redistribute Feedback for any purpose without restriction in its sole and absolute discretion.

5. Payment of Fees

5.1 Customer will pay Company the applicable Fees described in the Order. If Customer's use of the Services exceeds the Service capacity set forth on the Order or otherwise requires the payment of additional Fees (per the terms of this Agreement or the applicable Order), Customer shall be billed for such usage and Customer agrees to pay the additional Fees in the manner provided herein. Unless otherwise stated in the Order, payment is due upon receipt of invoice. Company reserves the right to change the Fees or applicable charges and to institute new charges and Fees at the end of the current Services term. All Fees due and payable to Company must be paid in full without any deduction, set-off, counterclaim, or withholding of any kind unless required by law. Company may charge interest of one and one-half percent (1.5%) per month if Fees are not paid on or before the due date. In the event that fees are not paid on or before the due date, Company may, in addition to other available remedies, suspend your access to all or part of the Services. If Customer believes that Company has billed Customer incorrectly, Customer must contact Company no later than 60 days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries should be directed to Company's customer support department. Refunds shall be in accordance with Company’s refund policy located at https://plumsail.com/refund-policy/, as updated from time to time.

5.2 Company’s charges do not include any taxes, levies, duties, or similar governmental assessments of any nature, including but not limited to value-added, sales, use, or withholding taxes, assessable by any local, state, provincial, federal, or foreign jurisdiction (collectively, "Taxes"), and you are responsible for paying all Taxes (if any) associated with the charges hereunder.

5.3 Upon Company’s request, you agree to promptly provide payment information to Company, as applicable. You authorize Company and/or its third-party payment processor(s) to automatically charge the payment account for the charges. If your payment account is closed, the account information is changed, or a charge is rejected by your payment account, you shall immediately update the payment account or supply a new payment account, as appropriate.

5.4 Company may use one or more third-party payment processor(s) to execute payment transactions (including without limitation, Stripe). Company may choose, in its sole discretion, to implement different third-party payment processor(s) at any time. By using our Services and agreeing to this Agreement, you also agree to be bound by each applicable third-party payment processor’s terms of service. Any authorization you provide to make automatic payments using the Services will remain in effect until cancelled. You are responsible for all transactions processed through the Services and/or the third-party payment processor(s).

6. Security and Privacy

To the extent International data protection laws apply to the processing of personal data between Plumsail and Customer, the default Data Processing Agreement ("DPA") and attached Standard Contractual Clauses found at Plumsail DPA (as updated from time to time) are incorporated by reference and form a part of the Agreement, unless expressly provided otherwise in writing by both parties.

7. Term and Termination

7.1 This Agreement shall commence on the Effective Date and shall continue in effect so long as any Orders are active. Unless otherwise set forth in the applicable Order, the term of each Order shall automatically renew unless either party requests non-renewal at least thirty (30) days prior to the end of the then-current term.

7.2 In addition to any other remedies it may have, either party may also terminate this Agreement and/or any Order if the other party materially breaches any of the terms or conditions of this Agreement and fails to cure the breach within thirty (30) days after notice from the non-breaching party. Customer will pay in full for the Services up to and including the last day on which the Services are provided. In the event of termination, prepaid Fees will not be refunded.

7.3 All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability.

8. Warranty and Disclaimer

Company shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Company or by third-party providers, or because of other causes beyond Company's reasonable control, but Company shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. HOWEVER, COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED "AS IS" AND COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

9. Indemnification and Waiver

You shall release, waive, indemnify, defend and hold harmless Company, its officers, directors, agents, employees, contractors, subcontractors, suppliers, service providers and representatives from and against any and all claims, demands, proceedings, losses, costs, damages, awards, fees, expenses, or liabilities of any nature including reasonable attorneys’ fees ("Claims") arising out of and/or relating to (i) Customer Data submitted by you in connection with the Services; (ii) any use of the Services in violation of this Agreement; (iii) your violation of any law and/or the rights of a third party; (iv) your use of the Services; (v) any breach of this Agreement by you or your representatives; and/or (vi) fraud you commit and/or your intentional misconduct and/or negligence. You shall give prompt notice to Company in writing upon your receipt of notice of any Claim against you that might give rise to a Claim against Company. You will allow us to participate in the defense, and will not settle any Claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter.

If you are a California resident, you hereby waive California Civil Code Section 1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor." If you are a resident of another jurisdiction in which any other statute or common law principles of similar effect applies, you waive the application of such statute or common law with respect to the claims, demands and damages (actual and consequential) released under this Section.

10. Limitation of Liability

NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR BODILY INJURY OF A PERSON, COMPANY AND ITS THIRD-PARTY SERVICE PROVIDERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND COMPANY'S REASONABLE CONTROL; OR (D) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID BY CUSTOMER TO COMPANY FOR THE SERVICES UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11. DISPUTE RESOLUTION, ARBITRATION, AND CLASS ACTION WAIVER

11.1 We want to address your concerns without filing a formal legal case. Before filing a claim against Company, you agree to try to resolve the dispute informally by contacting us at contact@plumsail.com and describing the nature and basis for the dispute as well as the relief sought. We will try to resolve the dispute by contacting you via email, but if we cannot resolve the dispute within ninety (90) days of submission, you and Company agree to resolve any claims related to this Agreement including your use of the Services and the scope of this provision, regardless of whether such claims are based in contract, tort, statute, fraud, unfair competition, or some other legal theory, through individual final and binding arbitration, except as set forth below. In arbitration you are still entitled to a fair hearing, but your rights will be determined by a neutral arbitrator (and not a judge or jury). Arbitrator decisions are as enforceable as any court order, and are subject only to very limited review by a court. Each party is giving up the right to sue in court and to have a trial before a judge or jury.

11.2 Except in the event the claim meets the requirements set forth below, all claims shall be settled by individual binding arbitration in accordance with the American Arbitration Association (AAA)’s Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes in effect at the time the proceedings begin and as modified by this Agreement. Those rules and information about how to start arbitration are available at www.adr.org or by calling 1-800-778-7879. The arbitrator is bound by this Agreement. The arbitration will be conducted through the submission of documents, by phone, or in person in Miami, Florida or at another mutually agreed location. All information relating to and/or disclosed by any party in connection with the arbitration of any disputes shall be treated by the parties, their representatives, and the arbitrator as proprietary business information and shall not be disclosed without prior written authorization of the disclosing party. The arbitrator’s award will be final and specifically enforceable under applicable law, and judgment may be entered upon it in any court with jurisdiction. The arbitration costs, including arbitrator compensation, will be shared between you and us according to the AAA’s Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes.

11.3 Any such controversy and/or claim shall be arbitrated on an individual basis and not in a class, consolidated, or representative action. By agreeing to this Agreement, you are waiving the right to participate in a class action. Further, unless the parties mutually agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this waiver is found to be illegal or unenforceable, then the parties agree that any dispute will be resolved exclusively in a state or federal court located in Miami, Florida, and that the parties both submit to the personal jurisdiction of such courts. If a claim proceeds in court rather than through arbitration, the parties waive any right to a jury trial.

11.4 The agreement of the parties to arbitrate as described herein does not: (i) prevent either party from litigating any dispute in small claims court (either you and/or Company may assert claims, if they qualify, in small claims court in Miami, Florida); (ii) apply to disputes arising out of or related to infringement or other misuse of our, our licensors’ or third-party provider’s intellectual property rights, and Company may bring a lawsuit to stop unauthorized use and/or abuse of the Services, or related to infringement (for example, Company’s trademark, trade secret, copyright and/or patent rights) without first engaging in arbitration and/or the informal dispute-resolution process described herein; or (iii) prevent either party from bringing a dispute to the attention of any federal, state, or local government agencies.

11.5 You can opt-out and decline this agreement to arbitrate by contacting Company within forty-five (45) days from the date that you first became subject to this arbitration provision (i.e., the date you initially accepted this Agreement). You must write us at contact@plumsail.com and include your actual name and any username, address and a clear statement that you do wish to resolve disputes with us through arbitration.

11.6 In the event that the agreement to arbitrate is found not to apply to you and/or your claim, you and Company agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Miami, Florida. Both you and Company consent to the foregoing venue and jurisdiction.

12. Miscellaneous

ARBITRATION NOTICE: Except for certain types of disputes described in the arbitration clause, you agree that disputes between you and company will be resolved by individual mandatory binding arbitration and you waive any right to participate in a class-action lawsuit, class-wide arbitration, private attorney general action, or any other representative proceeding. You also waive your right to receive a trial by jury.

The information available on the Services is intended to be a general information resource regarding the matters covered. The Services are not a substitute for professional advice, and you should not construe this as legal, accounting, and/or other professional advice. Company may, at any time, for any reason, make changes to the Services and/or modify this Agreement in its sole and absolute discretion. If we make changes and/or modifications that affect your use of and/or access to the Services, we will post notice of the change and/or modification on this Agreement page and change the ‘Updated’ date set forth above. You agree that your continued use of the Services following changes and/or modifications will constitute your acceptance of such changes and/or modifications. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by Customer except with Company's prior written consent. Company may transfer and assign any of its rights and obligations under this Agreement without consent. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Customer does not have any authority of any kind to bind Company in any respect whatsoever. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. Company is not liable for any failure to perform, or delay in performing, any particular obligations under this Agreement where the failure or delay arises from any cause or causes beyond its reasonable control, including without limitation fire, flood, earthquake, elements of nature, epidemics, communication line failures, power failures, acts of God, acts of war, terrorism, riots, civil disorders or rebellions. This Agreement shall be governed by the laws of the State of Florida without regard to its conflict of laws provisions.

If you would like to request additional information regarding this Agreement or for any questions, please contact us at contact@plumsail.com. Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Company must be sent to our agent for notice to contact@plumsail.com. California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.