GENERAL TERMS OF SUBSCRIPTION AND USE OF THE PLUGGABLE PLATFORM

PLUGGABLE, LDA, a limited liability company registered at the Braga Commercial Registry under number 517 256 770, with a share capital of EUR 615.29, located at Praça Conde Agrolongo, Edifício GNRation, No. 123, 4700-312, Braga, Portugal (hereinafter Pluggable).


1. OBJECT

  • These general conditions, together with the registration form, govern the subscription and use of the Pluggable Platform.
  • There are two subscription options available on the Website - "Basic Account" and "Advanced Account" -, with the features of the Platform and the services provided by Pluggable (hereinafter referred to as "Services") varying depending on the plan chosen by the Client.
  • The "Basic Account" allows the Client to use the Platform to send, via "Application Programming Interfaces" (APIs), basic, periodic or one-time, unlimited notifications and only one smart notification per week. This subscription also includes the "Basic Behaviour Analytics" tool, through which the Client will have access to the processed data of notification sending and delivery.
  • The "Advanced Account," on the other hand, allows the Client to use the Platform to send, via APIs, basic, periodic or one-time, unlimited notifications and unlimited smart notifications. This subscription also includes the "Customized Behaviour Analytics" tool, through which the Client can access a set of personalized data based on a monetary cost to be defined. Furthermore, unlike the "Basic Account," this plan may also include technical support for technological solutions, as well as updates and optimizations of artificial intelligence models, subject to a monetary cost to be defined.
  • The smart notifications referred to in the previous paragraphs are made through the use of Pluggable's SDK, which uses artificial intelligence to deliver the push notification at the best time for each user.

2. SUBSCRIPTION

  • Subscription to the Platform is done through the registration form available on the Website and implies the Client's prior knowledge and acceptance of the provisions in these general subscription and usage conditions.
  • At the time of registration, the Client provides the access data requested by Pluggable, such as username, password, name, email, company, and CRN, and selects one of the available subscription options.
  • By registering, the Client agrees that:
    • Their registration is personal and non-transferable, and cannot be used by any other person; and that
    • They will immediately contact Pluggable if they become aware of any unauthorized use of their access data.

3. PLACE OF PROVISION

  • The Services subscribed by the Client will be provided remotely, on a regular and continuous basis.
  • The Client has access to the Platform, as well as the Services listed in number 1, anywhere in the world with internet access.

4. DURATION

  • The Services identified in number 1 must be provided by Pluggable for a period of 6 (six) months from the date of subscription, with the subscription being automatically renewed for equal periods, unless either party opposes its renewal.
  • For each renewal, the prices indicated in number 6 will be reviewed by Pluggable and, in case of an increase, the Client will be notified in advance, so they can oppose the renewal in a timely manner.

5. TRIAL PERIOD

  • The Client who opts for the "Advanced Account" enjoys a trial period of 7 (seven) days starting from the date of subscription.
  • At the end of this period, Pluggable will contact the Client to determine whether they wish to continue with the subscription to one of the available subscription plans.
  • During the gap between the end of the trial period and the subscription to one of the plans, the Client will not have access to the Platform.

6. PRICE AND PAYMENT CONDITIONS

  • The subscription to the "Basic" plan has no cost for the Client, with the Services listed in number 1.4. being provided free of charge by Pluggable.
  • In turn, the Services included in the "Advanced" plan, listed in number 1.5., will be provided by Pluggable upon payment by the Client of a monthly fee that varies as stated in the attached price list.
  • The prices indicated in the table above are subject to the applicable VAT rate.
  • The "Support Level 8x5" includes technical support for the 5 (five) weekdays for 8 (eight) hours daily, corresponding to Pluggable's working hours, while the "Support Level 24x7" includes technical support for 7 (seven) days a week, 24 (twenty-four) hours daily.
  • Payment should be made by the Client via bank transfer to the IBAN provided by Pluggable, with the first monthly payment due at the time of subscribing to the "Advanced" plan, and subsequent payments due on the 8th (eighth) of each month.
  • Pluggable reserves the right to change the price and other commercial conditions of the Services offered at any time without prior notice. However, in the case of a price change, existing subscriptions will maintain the price agreed upon at the time of subscription until the end of their duration.

7. OBLIGATIONS OF THE PARTIES

  • Pluggable undertakes to provide the Services specified in the object of these general subscription and usage conditions fully and punctually.
  • In return, the Client undertakes to:
    • Make the payment within the established deadline, under penalty of suspension of the Services as stated in the following number;
    • Send all the information required by Pluggable necessary for the provision of the Services;
    • Provide a contact method with Pluggable so that any questions can be clarified or new information can be provided;
    • Not use any device, software, or routine that may affect or interfere with the proper functioning of the Platform, under penalty of being held civilly and criminally liable for such acts.

8. SUSPENSION OF SERVICES

  • Pluggable reserves the right to suspend the Services of the Platform in case of non-payment of the respective fee 10 (ten) days after the invoice due date.
  • Pluggable may also suspend, either partially or fully, the provision of Services for the time deemed necessary in the following situations:
    • Use of the Services for illicit activities;
    • Gross and culpable violation of these general conditions;
    • Any other technical, administrative, or force majeure reasons not otherwise specified herein.
  • Suspension is preceded by a prior notice sent to the email address provided by the Client at the time of registration, in which the Client is informed of the reason for the suspension and the means available to avoid it and to restore the Services.
  • Pluggable shall not be liable for any suspension or interruption of access to the Platform arising from causes that are not fraudulently attributable to it.

9. CANCELLATION

  • The provision of Services can be cancelled by either party (Pluggable or Client) without the need for justification or prior notice.
  • If the cancellation occurs halfway through a paid month, the Client will still have access to the Platform and the subscribed Services until the end of that month.

10. LIABILITY

  • Pluggable is not responsible for any damages or losses resulting from non-compliance or defective compliance with these general conditions when such non-compliance is not attributable to it due to fraud or gross negligence, and is not responsible for:
    • Damages caused by the Client, other users of the Services, or any third parties who are not in the service of Pluggable;
    • Non-compliance or defective compliance with obligations due to the execution of judicial decisions or administrative authorities;
    • Non-compliance or defective compliance with obligations resulting from the occurrence of force majeure situations, that is, extraordinary or unforeseeable situations, not attributable to Pluggable, and that cannot be controlled by it, preventing or hindering the fulfillment of these general conditions.
  • The Client is responsible for any misuse of the Services subscribed to, including using the Platform in violation of the law and these general conditions.

11. PROTECTION OF PERSONAL DATA

  • To join the Platform, the Client must provide a minimum set of personal data necessary to subscribe to the service and manage their subscription.
  • For additional information regarding the processing of the Client's personal data by Pluggable, the Client is advised to consult the privacy policy, available at https://pluggableai.xyz/privacy.

12. ADVERTISING AND SPONSORSHIP

  • The Platform may contain advertising and references to sponsors.
  • Advertisers and sponsors are solely responsible for ensuring that the advertising content received by Pluggable for inclusion on the Platform complies with the applicable laws, codes, and regulations.
  • Pluggable provides advertisers and sponsors with mere advertising support, not exercising any prior control over the advertising, and thus disclaims any responsibility for errors or inaccuracies that the advertising or sponsorship material may contain.
  • The Client's relationship with third parties through the Platform and any terms, conditions, and warranties regarding those third parties, including sponsors or advertisers, are the sole responsibility of the Client and the respective third parties, with Pluggable not being responsible for the aforementioned relationships.

13. COMMUNICATIONS

  • All communications from Pluggable to the Client may be made by any means or contact provided by the Client, such as postal address, email address, and SMS (whenever this means proves suitable for transmitting the entire content of the communication).
  • If the Client wishes to contact Pluggable, particularly for clarification of any matter related to these general conditions, they can do so via the email address "info@pluggableai.xyz" or via the address "Praça Conde Agrolongo, Edifício GNRation, n.º 123, 4700-312, Braga, Portugal."

14. APPLICABLE LEGISLATION

  • For everything not specifically provided for in these general conditions, the applicable Portuguese legislation in force shall apply.