Terms of Service

Updated December 8, 2021

Welcome

These Terms of Service are a contract between you and Plum.io Inc. ("Plum", “we”, “us”, or “our”). Plum operates the Plum website ("Plum Site"). By using the Plum Site and any services accessible from the Plum Site, including but not limited to the Plum Discovery Survey, Plum Role Analysis and Match Criteria, and Plum Match Scores (collectively the “Services”), you are agreeing to be bound by the following terms and conditions ("Terms of Service").

Plum reserves the right to update and change the Terms of Service by posting updates and changes to the Plum Site. You waive any right you may have to receive specific notice of such changes to the Terms of Service with the exception that, for U.S. consumers, we will not amend the arbitration provision without giving you notice and an opportunity to opt out of such provision. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.

U.S. CONSUMERS: MANDATORY ARBITRATION NOTICE AND CLASS ACTION AND JURY TRIAL WAIVER. These Terms of Service contain a mandatory (binding) arbitration provision and class action and jury trial waiver clauses. Except for certain types of disputes described in the arbitration section below, or where prohibited by applicable law, you agree that disputes between you and us regarding your use of the Plum Site or Services will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration. For more details, see below.

If you do not agree to these Terms of Service or any part of them, your only remedy is not to use the Plum Site or the Services. VIOLATION OF ANY OF THE TERMS BELOW WILL RESULT IN THE TERMINATION OF YOUR RIGHT TO USE THE PLUM SITE, THE SERVICES, AND ANY ACCOUNT THAT YOU MAY HAVE CREATED AS PART OF THE SERVICES. YOU AGREE TO USE THE PLUM SITE AT YOUR OWN RISK.

Psychometric Methods

Plum's psychometric testing methods are developed for the sole and express purposes of recruiting, development, and internal mobility. The Services do not constitute a diagnosis of any psychiatric or other medical condition or issue. Plum is not responsible for any usage that purports to use any part of the Plum Site or the Services for the purpose of diagnosing any psychiatric or other medical condition or issue, whether such diagnosis is made by you or any other person.

Your Account

In order to open an "account" on the Plum Site, you must (i) agree to these Terms of Service, (ii) provide a valid email address, and (iii) provide any other information required by Plum during the registration process. You will update this information to maintain its accuracy at all times during the term in which you use the Services. You are solely responsible for maintaining the security of your account and password. Plum cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You are also solely responsible for any and all information, materials, and content that you may post on the Plum Site ("Content") and activity that occurs under your account (even when Content is posted by others who have accounts under your account). Personal information provided by you shall be subject to Plum's Privacy Policy.

One person or legal entity may not maintain more than one account unless expressly authorized by Plum. Accounts registered by "bots" or other automated methods are strictly prohibited.

The deletion of user accounts is at the full discretion of Plum. You may ask to have your account removed; however, Plum will determine in its sole discretion whether and when to delete an account (some data may need to be retained for longer periods of time, typically one year from the time it is provided to Plum, and subject to any requirements of federal, state/provincial, and local laws). Candidates can withdraw their application from an employer at any time. If a candidate chooses to remove their account fully, their data will be retained for a period of 30 days, and employers to which they have applied will be notified of the pending deletion so they can take action to comply with laws pertaining to the retention of hiring data.

To comply with the Children’s Online Privacy and Protection Act (“COPPA”) you must be 16 years old or older to create an account with Plum. However, if local laws provide for an alternative minimum age for the provision of Plum’s services to you, then that shall apply as the applicable minimum age. If you are under the age of 18 or the age of majority in your jurisdiction, you must use the Plum services under the supervision of your parent, legal guardian or responsible adult. If we learn we have collected personal information from a child under 16, or if we learn a child under 16has provided us personal information, we will delete that information as quickly as possible. If you believe that a child under 16 or minor may have provided us personal information in violation of this paragraph, please contact us at privacy@plum.io.

Licence Grants and Restrictions 

Plum hereby grants to you a non-exclusive, non-transferable, worldwide right to access and use the Plum Site, solely through the Internet using supported browsers, for your own personal purposes, if you are an individual, or internal business purposes, if you are an employer or other organization, subject to these Terms of Service. You may not permit the Plum Site or the Services to be used by or for the benefit of unauthorized third parties. Nothing in these Terms of Service shall be construed as granting you any right to transfer or assign rights to access or use the Plum Site. All rights that are not expressly granted to you are reserved by Plum and its licensors. You shall not modify or make derivative works based upon the Plum Site or its contents. You shall not reverse engineer or access the Plum Site or the Services, including any assessment, in order to (a) build a competitive product or service, (b) build a product or service using similar features, functions, or graphics, or (c) copy any features, functions, or graphics of the Plum Site. You further acknowledge and agree that, as between the parties, Plum owns all right, title, and interest in and to the Plum Site, including all intellectual property rights therein. 

Employees, Candidates, and Partner Platforms

Discovery Survey. You may choose to complete a Discovery Survey on the Platform. If you do so (either for an employer or through a partner that uses the Services) you understand and agree that: (1) Plum does not control such employers/partners’ actions and each party may have certain terms of use/policies that may apply to you and your data; (2) employers/partners may share your personal information with third parties including, but not limited to, applicant tracking systems, job boards, and other services – we do not track such usage and encourage you to find out from such third parties how they intend to use the Discovery Survey information.

Submission of Profile Data. For greater certainty, for the Talent Acquisition service (e.g., candidates applying to job requisitions), when you click on an application link via the employer’s career site, third-party job board, and/or an email invite link shared directly with you, you will be asked to explicitly consent to our Privacy Policy and Terms of Service by clicking a checkbox before proceeding to the Discovery Survey. When you complete the Discovery Survey for the first time, your results are automatically shared with the employer to which you applied. The Discovery Survey only needs to be completed once and can be used for all subsequent applications with any employers that use the Plum services. By clicking on subsequent application links and/or email invite links, your existing Discovery Survey results are shared with those employers. For the Talent Management service (e.g., employees of an employer that is using the Plum services), when you click on an email invite from your employer to create a Plum Profile, you will be asked to explicitly consent to our Privacy Policy and Terms of Service by clicking a checkbox before proceeding to the Discovery Survey. By completing the Discovery Survey, your results are automatically shared with your employer. If you have already created a Plum Profile with your employer-owned email address, your results are automatically shared with your employer. You also agree to allow these employers and partners to move and/or copy your application or information, which includes all Plum-derived data (assessment results, email address, full name, etc.), solely for their legitimate internal purposes, which may include assessing your suitability for other roles, your fit within teams, or promotions within an existing employer.

Talent Management. If you are an employee of an organization that uses the Services for Talent Management or otherwise, and provide your personal information within that context, the collection, use, disclosure, and processing of your personal information is determined by your employer and not by Plum, and you acknowledge and agree that Plum has no control over your employer’s use of personal information.

Your Responsibilities

You are responsible for all activity occurring under your account and are solely responsible for compliance with all applicable local, state, provincial, territorial, federal, national, and foreign laws, treaties, and regulations relating to your use of the Plum Site or the Services, including those related to the protection of intellectual property, data privacy, international communications, and the transmission of technical or personal information.

You shall: (i) immediately notify Plum of any unauthorized access to, or use of, your password or account or any other known or suspected breach of security; and (ii) immediately notify Plum, and use reasonable efforts to stop, any unauthorized copying or distribution of the Plum Site or any Content that is known or suspected by you.

You are responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access, or otherwise use the Plum Site, including, without limitation, modems, hardware, servers, software, Internet browsers, operating systems, networking, web servers, and long distance and local telephone service, but excluding the Plum Site itself (collectively, "Equipment"). You shall be responsible for ensuring that such Equipment is compatible with the Plum Site. You shall also be responsible for the use, and for maintaining the security, of the Equipment.

Prohibited Acts

As a condition of your use of the Plum Site and the Services, you agree not to:

  • upload, post, email, transmit, or otherwise make available any information, materials, or other content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, pornographic, or offensive, invades another's privacy, or promotes bigotry, racism, or hatred for, or harm against, any individual or group;
  • impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity;
  • phish, collect, upload, post, email, transmit, or otherwise make available any account data or passwords for other websites, software, or services;
  • phish, collect, upload, post, email, transmit, or otherwise make available credit card information or other forms of financial data used for collecting payments;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Plum Site;
  • upload, post, email, transmit, or otherwise make available any information, materials, or other content that infringes the rights of any other person, including any intellectual property rights;
  • upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation;
  • upload, post, email, transmit, or otherwise make available any material that contains software, viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  • use any manual or automated software, devices, or other processes to "crawl", "spider", or "screen scrape" any web pages contained in the Plum Site;
  • reverse engineer, decompile, or disassemble any of the software used to provide the Plum Site;
  • reproduce, duplicate, copy, or exploit any part of the Plum Site without the express written permission of Plum;
  • interfere with or disrupt the Plum Site, or any servers or networks connected to the Plum Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Plum Site;
  • obtain, collect, store, or modify the personal information of any other user;
  • modify, adapt, or hack the Plum Site or falsely imply that some other website is associated with the Plum Site or Plum; or
  • use the Plum Site for any illegal or unauthorized purpose. You must not, in the use of the Plum Site, violate any laws in your jurisdiction (including but not limited to intellectual property laws).

Feedback

In the course of using the Plum Site, you may provide Plum with feedback, including but not limited to suggestions, observations, errors, problems, and defects regarding the Plum Site (collectively, "Feedback"). You hereby grant to Plum a worldwide, irrevocable, perpetual, royalty-free, transferable, sub-licensable, non-exclusive right to use, copy, modify, distribute, display, perform, create derivative works from, and otherwise exploit all such Feedback.

Payments, Refunds, Upgrading, and Downgrading

This section only applies to employers, partners, or any other entity that pays for Services under an Agreement with Plum.

A valid credit card or other method of pre-payment is required for paying accounts. Free or trial accounts which provide limited access to the Services are not required to provide a credit card number. Except as otherwise set out in an agreement with you, the Services are billed in advance on an annual basis. All payments are non-refundable. There will be no refunds or credits for partial months of Services, upgrade/downgrade refunds, refunds for months unused with an open account, or refunds for funds lost due to exchange rates, credit card processing fees, or other processing fees. All plan prices are in USD except where noted otherwise.

The plan for which you pay determines which features of the Services are available to you, subject to any written agreement between you and Plum. From time to time, for promotional or other reasons, you may be able to utilize features that your plan does not include. Such use rights are temporary and solely at Plum’s discretion. Plum reserves the right to change the features and functions included with your plan at its sole discretion at any time with no advanced notice.

You will be charged immediately the full amount for the first twelve (12) months and thereafter every twelve (12) months unless you cancel your renewal. You must notify Plum at least sixty (60) business days before your annual renewal date if you wish to cancel your renewal.

Downgrading of Plum plans is not available at this time.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, and duties, excluding only Canada where Plum will collect federal and provincial taxes where applicable. You agree to pay for any other such taxes that might be applicable to your use of the Services and payments made by you herein.

Violation of these Terms of Service

Plum reserves the right to investigate and prosecute violations of any of these Terms of Service to the fullest extent permitted under the law. Plum may involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms of Service. You acknowledge that Plum has no obligation to pre-screen or monitor your access to or use of the Plum Site or any information, materials, or other content provided or made available through the Plum Site but has the right to do so. You hereby agree that Plum may, in its sole discretion, remove or delete any Content, entries, information, materials, or other content that violates these Terms of Service or that is otherwise objectionable.

Survey Audits

This section only applies to employers that pay for Services under an Agreement with Plum.

Plum may continue to refine the science behind the Services, including the Plum Discovery Survey, Plum Role Analysis and Match Criteria, and Plum Match Scores, in order to create better results across the Plum platform. From time to time, you may notice changes to candidate or employee scores, match criteria, match scores, and other elements related to Plum assessments. Plum reserves the right to change the foregoing without notice.

Cancellation

This section only applies to employers that pay for Services under an Agreement with Plum.

You are solely responsible for properly canceling your account renewal. You may cancel your account renewal by email to  help@plum.io  or by phone. You may cancel your renewal at any time, but not less than sixty (60) business days before the expiration of your service contract.

If you notify Plum that you do not wish to renew your contract, you will not be provided any refunds for unused time on your current Services period, and cancellations will take effect at the end of the applicable annual (one-year) Services period and the Services will terminate at the start of the next Services period without additional notice, and you will not be charged for that or any subsequent Services periods.

Termination

Plum, in its sole discretion, has the right to suspend or terminate your account if (1) you breach these Terms of Service or (2) your bandwidth usage significantly exceeds the average bandwidth of other users of the Services. Upon suspension of your account, Plum may refuse to provide you any current or future access to or use of the Plum Site, the Services, or any other Plum service. Any termination of your account may result in the deactivation or deletion of your account, revocation of your access to your account, and/or the forfeiture, relinquishment, and deletion of some or all of the Content associated with your account.

Data upon Termination

This section only applies to employers that pay for Services under an Agreement with Plum.

Plum will retain user information (including data related to reports) for up to 12 months after a customer terminates their account, unless there is an explicit request to delete the information beforehand.

Commencing 12 months after employer account termination, Plum will remove and delete all employer user accounts (except for individuals who work for an employer and who have their own individual accounts). Plum retains the right to contact employees of employer in order to offer to update their email addresses from their work address to their personal address, in order to establish individual accounts.

Further, 12 months after account termination, Plum will:

  • dissociate employer from any Match Criteria and Match Scores;
  • anonymize all employees of employer (i.e., delete all personal information); and
  • remove all customer-identifying information.

Note that content and other information associated with your account may be deleted and may not be recovered from Plum once your account is terminated. However, Plum may retain residual information in our backup and/or archival copies of our database or otherwise for backup and/or archival purposes. Plum reserves the right to refuse service to anyone for any reason at any time. If you (employer) are required to maintain records, you acknowledge and agree that this is your sole responsibility and that you will leverage exports and screenshots and store such information as necessary. You acknowledge and agree that Plum is not a records management system.

Modifications to the Plum Site and Prices

Plum reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Plum Site and Services (or any part thereof) with or without notice.

Plum shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Plum Site or any Services.

Copyright and Content Ownership

The Plum Site, its contents, and the assessment materials, including assessment and survey questions, responses given by candidates and employees, calculated scores, profile results, and other materials and data supplied to you as part of the Services, are the property of Plum and are protected by copyright. Any unauthorized reproduction, display, publication, or distribution, whether electronically or otherwise, of the Plum Site, its content, or the assessment materials is strictly forbidden. Please contact Plum for any permission request to make use of the assessment materials for other purposes than those authorized by these Terms of Service.

Plum does not pre-screen Content, but Plum and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Plum Site.

Candidates can withdraw their application from an employer at any time. If a candidate chooses to remove their account fully, their data will be retained for a period of 30 days, and employers to which they have applied will be notified of the pending deletion so they can take action to comply with laws pertaining to the retention of hiring data.

Notification of Claims of Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please notify Plum's agent for notice of claims of copyright or other intellectual property infringement ("Agent") at  privacy@plum.io.

Please provide our Agent with all of the following:

  • identify the material that you claim is infringing with enough detail so that we may locate it on the Plum Site;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law;
  • a statement by you declaring under penalty of perjury that (1) the above information in your notice is accurate, and (2) you are the owner of the intellectual property interest involved or that you are authorized to act on behalf of that owner;
  • your address, telephone number, and email address; and
  • your physical or electronic signature.

Plum will review your notice and determine whether to remove the allegedly infringing material, subject to any applicable intellectual property laws.

Disclaimer of Warranties

THE SERVICES AND THE PLUM SITE, INCLUDING ALL MATERIALS, INFORMATION, AND OTHER SERVICES INCLUDED ON OR PROVIDED THROUGH THE PLUM SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH NO WARRANTIES WHATSOEVER. PLUM AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. PLUM AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES AND THE PLUM SITE.

PLUM DOES NOT WARRANT THAT:

  1. THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS;
  2. THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
  3. THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE;
  4. THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES OR THE PLUM SITE WILL MEET YOUR EXPECTATIONS; OR
  5. ANY ERRORS IN THE PLUM SITE WILL BE CORRECTED.

Plum and its licensors disclaim any and all warranties for any information, content, or advice obtained through the Services or the Plum Site.

Plum and its licensors also disclaim any and all warranties for services or goods received through or advertised on the Plum Site or received through any links provided on the Plum Site.

You understand and agree that your use of the forms and content on the Plum Site and as part of the Services is at your own discretion and risk and that you will be solely responsible for any loss of data or similar loss that results from the submission or download of such forms or content.

Technical support is only provided to paying account holders and is only available via email and limited phone support. We will use commercially reasonable efforts to respond within a reasonable amount of time during regular business hours.

Some states, provinces, or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state, province to province, and jurisdiction to jurisdiction.

Employment Decisions

Plum will not be liable for any employment or similar decision made by an employer. Any information from the Services used in connection with any employment or similar decision is solely the responsibility of the employer and the person or persons making the decision for or on behalf of the employer. Plum makes no representation, warranty, or guarantee of any kind whatsoever regarding an individual’s employment, potential employment, or any other outcomes in relation with an employer or current or prospective employee.

If you are an employer, you shall only consider relevant information, in accordance with applicable laws, for the purposes of making employment and similar decisions and you shall not use the Services, including any Plum Match Scores, as the sole basis for terminating or suspending the employment of any person.

Limitation of Liability

BY USING OUR SERVICES AND ACCESSING THE PLUM SITE, YOU SPECIFICALLY AGREE, ACKNOWLEDE AND ACCEPT THAT UNDER NO CIRCUMSTANCES SHALL PLUM OR ANY OF ITS CURRENT, PAST AND FUTURE, OFFICERS, PARTNERS, SHAREHOLDERS, AGENTS, EMPLOYEES, CONSULTANTS, REPRESENTATIVES, CONTRACTORS, AFFILIATES, SUBSIDIARIES, PREDECESSORS, SUCCESSORS AND ASSIGNS (“REPRESENTATIVES”) OR ANY OF PLUM’S LICENSORS BE LIABLE TO YOU FOR: ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES OF ANY KIND OR NATURE WHATSOEVER ARISING FROM OR RELATED TO:

  1. ANY USE OR MISUSE OF THE PLUM SITE OR SERVICES, RELIANCE ON THE PLUM SITE OR SERVICES; OR
  2. INABILITY TO USE THE PLUM SITE OR SERVICES, OR THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PLUM SITE OR SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).

This limitation of liability shall apply whether such claim is based on warranty, contract, tort (including negligence), or otherwise, even if Plum or its Representatives or licensors have been advised of the possibility of such damages and even if such damages were foreseeable.

This limitation of liability shall also apply, without limitation, to the costs of procurement of substitute goods or services, lost profits, or lost data. Such limitation shall further apply with respect to the performance or non-performance of the Services or Plum Site or any information, good, service, or merchandise that appears on, or is linked or related in any way to, the Plum Site. Such limitation shall apply notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law.

Some states, provinces, or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.

Without limiting the foregoing, under no circumstances shall Plum or its Representatives or licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, epidemics, pandemics, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, new or ongoing pandemics and public health emergencies, or loss of or fluctuations in heat, light, or air conditioning.

DISPUTE RESOLUTION – CANADIAN AND US CONSUMERS - MANDATORY ARBITRATION AND CLASS ACTION AND JURY TRIAL WAIVER

Most concerns can be resolved quickly and to your satisfaction by contacting us as set forth below.

You agree, for yourself and any other party who may claim on your behalf, to the full extent permitted by law, not to commence or participate in any legal proceedings against Plum, its representatives or its licensors arising out of or connected with your use of the Plum site or the services, without first contacting us with official notice of dispute and providing us an opportunity to respond and resolve the dispute.

In the event that we are not able to resolve a dispute, you hereby agree that either you or we may require any dispute, claim, or cause of action (“Claim”) between you and us or any third parties arising out of use of the Plum Site, the Services, and any other actions with us (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) to be arbitrated on an individual (non-class) basis. However, if you are in the United States, both parties retain the right to seek relief in a small claims court (or a state court equivalent) for a Claim within the scope of its jurisdiction so long as the small claims action does not seek to certify a class, combine the claims of multiple persons, recover damages in excess of the limit for a small claim under applicable state law or is not transferred, removed, or appealed from small claims court to any different court. Additionally, if you are a California resident, you retain the right to obtain public injunctive relief from any court with proper jurisdiction.

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS VERY LIMITED. ADDITIONALLY, ANY ARBITRATION OF A CLAIM WILL BE ON AN INDIVIDUAL BASIS, AND, THEREFORE, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN A CLASS ACTION LAWSUIT. AS PART OF THIS WAIVER, YOU AGREE THAT YOU WAIVE THE RIGHT TO ACT AS A PRIVATE ATTORNEY GENERAL IN AN ARBITRATION; THAT EXCEPT AS OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT, CLAIMS BROUGHT BY OR AGAINST YOU MAY NOT BE JOINED OR CONSOLIDATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER PERSON; AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONDUCT A CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ARBITRATION OR MULTIPLE-PARTY ARBITRATION.

FOR CANADIAN CONSUMERS:
If either you or we elect to arbitrate a Claim, the dispute shall be resolved by binding arbitration administered under the Arbitration Act, 1991 (Ontario) (the “Arbitration Act”) in English in the city of Toronto, Ontario pursuant to the law of the Province of Ontario. The Arbitrator will have the right to determine all questions of law and jurisdiction, including questions as to whether a Claim is arbitrable, and will have the right to grant legal and equitable relief including permanent and interim injunctive relief, and final and interim damages awards. The Arbitrator will also have the discretion to award costs of the arbitration, including reasonable legal fees and expenses, reasonable experts’ fees and expenses, reasonable witnesses’ fees and expenses, and pre-award and post-award interest and costs, provided that the Arbitrator will not make an award of costs on a distributive basis. The fees of the Arbitrator will be paid equally by the Parties and subject to section 44 of the Arbitration Act, the Arbitrator’s determination of a Dispute will be final and binding and there will be no appeal of that determination on any ground.

Prior to the appointment of the Arbitrator, the parties may apply to the courts for interim relief. A request for interim relief by a Party to court will not be considered to be incompatible with Section 11.1 or as a waiver of that provision.

FOR U.S. CONSUMERS:
You and we agree that your use of the Services involves interstate commerce, and that this arbitration agreement shall be interpreted and enforced in accordance with the Federal Arbitration Act (FAA) set forth in Title 9 of the U.S. Code to the fullest extent possible, notwithstanding any state law to the contrary, regardless of the origin or nature of the Claims at issue. The arbitrator must follow, to the extent applicable: (1) the substantive law of the state in which we entered into the transaction giving rise to this arbitration agreement; (2) the applicable statutes of limitations; and (3) claims of privilege recognized at law. The arbitrator will not be bound by federal, state or local rules of procedure and evidence or by state or local laws concerning arbitration proceedings.

If either you or we elect to arbitrate a Claim, the dispute shall be resolved by binding arbitration administered under the applicable rules of the American Arbitration Association (“AAA”). Either you or we may elect to resolve a particular Claim through arbitration, even if the other party has already initiated litigation in court related to the Claim, by: (a) making written demand for arbitration upon the other party, (b) initiating arbitration against the other party, or (c) filing a motion to compel arbitration in court.

If this is a consumer-purpose transaction, the applicable rules will be the AAA’s Consumer Arbitration Rules. The applicable AAA rules and other information about arbitrating a claim under AAA, including how to submit a dispute to arbitration, may be obtained by visiting its website at https://www.adr.org/ or by calling 1-800-778-7879. If AAA will not serve as the administrator of the arbitration, and you and we cannot then agree upon a substitute arbitrator, you and we shall request that a court with proper jurisdiction appoint an arbitrator. However, we will abide by the applicable AAA rules regardless of the forum. Arbitration shall be conducted in the county and state where you accepted these Terms of Service, you reside, or another reasonably convenient place to you as determined by the arbitrator, unless applicable laws require another location. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Except as provided in applicable statutes, the arbitrator’s award is not subject to review by the court, and it cannot be appealed. The parties will have the option to request and receive a statement of reasons for the arbitration award.

If you elect to file the arbitration, and this is a consumer-purpose transaction, you will pay the filing fee to the extent required by AAA’s Consumer Arbitration Rules but not to exceed the cost of filing a lawsuit. Any amount above what it would cost you to file a lawsuit, we will pay. All other arbitration fees and expenses shall be allocated to us according to AAA rules. Except for the arbitration fees and expenses, each party shall pay its own costs and fees incurred (including attorneys’ fees), unless the arbitrator allocates them differently in accordance with applicable law. This paragraph applies only if this is a consumer-purpose transaction.

If any part of this arbitration provision is invalid, all other parts of it remain valid. However, if the class action limitation is invalid, then this arbitration provision is invalid in its entirety, provided that the remaining Terms of Service shall remain in full force and effect. This arbitration provision will survive the termination of your use of the Plum Site, the Services, and any other actions with us.

You may reject this arbitration provision within thirty (30) days of accepting the Terms of Service by emailing us at privacy@plum.io and including in the subject line “Rejection of Arbitration Provision."

Indemnity

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS PLUM, ITS RESPRESENTATIVES, AND ITS LICENSORS FROM AND AGAINST ALL LIABILITIES, LOSSES, CLAIMS, DAMAGES, PENALTIES, ACTIONS, SUITS, DEMANDS, LEVIES, COSTS, EXPENSES, AND DISBURSEMENTS, INCLUDING ANY AND ALL REASONABLE LEGAL AND ADVISOR FEES, WHICH MAY AT ANY TIME BE SUFFERED BY, IMPOSED ON, INCURRED BY, OR ASSERTED AGAINST PLUM, ITS RESPRESENTATIVES, AND/OR ITS LICENSORS ARISING OUT OF OR CONNECTED WITH YOUR USE OF THE PLUM SITE OR THE SERVICES OR YOUR VIOLATION OF THESE TERMS OF SERVICE.

General

These Terms of Service will be governed by and construed in accordance with the laws of the Province of Ontario, without giving effect to its conflict of laws provisions or those in your actual state, province, or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Service to be unenforceable, the remainder of these Terms of Service will continue in full force and effect and such finding shall not affect the enforceability of that provision or portion of these Terms of Service in any other jurisdiction. Subject to any separate written agreement between you and Plum, these Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter (including, but not limited to, any prior versions of the Terms of Service). For greater certainty, in the event of any conflict between these Terms of Service and a valid and executed written agreement between you and Plum, the terms of the written agreement shall govern to resolve the conflict. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by an authorized representative of Plum.

Privacy and Data Protection

Plum is firmly committed to protecting the privacy of your personal information and, if you are an employer, the personal information of your employees. By using the Plum Site or the Services, you acknowledge and agree that Plum’s collection, usage, and disclosure of this personal information is governed by our Privacy Policy.

Additionally, if you are a European Union data subject or other jurisdiction conferring rights on data subjects, you may have certain rights under the EU General Data Protection Regulation or other applicable data privacy laws in connection with the personal information you provide to Plum. For more information, see our Privacy Policy.

Employers are solely responsible to comply with all applicable data privacy/data protection laws and employment laws in their use of the Services. Without limitation, Employers must not submit any personal data/personal information to Plum unless they have obtained such consents or provided such notices as are required to be obtained or provided to the data subject under applicable law. Employers are solely responsible to conducting/completing any data protection impact assessments or other impact assessment required under applicable law, when using Plum to make talent management decisions.

Questions about the Terms of Service should be addressed to help@plum.io 

Questions about billing should be addressed to billing@plum.io