Product Terms of Service
TERMS OF SERVICE
Effective date: 1.9.2025
GENERAL
These Terms of Service (“Terms”) govern access to and use of the Plug product (the “Service”) provided by Plug Technologies Inc Oy, business ID 3389148-7, Lapinlahdenkatu 16, 00180 Helsinki, Finland (“Plug”, “we”, “us”).
By using the Service, connecting an ad account, or clicking “accept”, the customer organization (“Customer”) agrees to these Terms. If you are accepting on behalf of an organization, you confirm that you are authorized to bind that organization.
1. SERVICE
1.1 Service definition. The Service is a cloud-based software that enables the Customer (and its Users) to connect ad accounts, receive signals, analytics, and automation support.
1.2 User accounts. Customer may permit authorized individuals (“Users”) to access the Service for internal business use only.
1.3 Plug ownership. Plug (and its licensors) own all rights to the software, technology, documentation, any enhancements or modifications, and derivative works thereof (collectively “Plug Materials”).
1.4 No implicit license. Any rights not expressly granted herein are reserved by Plug.
2. PERMISSIONS & USE RESTRICTIONS
2.1 Customer responsibility. Customer is responsible for all activity in its Users’ accounts unless the breach arises from a vulnerability in Plug’s Service.
2.2 Prohibited acts. Customer may not:
(a) reverse engineer or decompile the Service;
(b) resell, sublicense, or distribute the Service;
(c) remove or obscure notices or branding;
(d) use the Service to build competitive services;
(e) probe or test vulnerabilities in Plug systems; or
(f) violate applicable laws in use of the Service.
2.3 Suspension. If Plug reasonably believes misuse is threatening security or integrity, Plug may suspend access (with prior notice when possible).
3. THIRD-PARTY INTEGRATIONS
The Service may integrate with third-party systems (e.g. ad platforms, Slack). Customer is responsible for providing valid credentials and ensuring its own compliance with third-party terms. Plug is not liable for the third-party system’s behavior or failures.
4. SUBSCRIPTION, FEES & PAYMENT
4.1 Fees. Customer pays fees per the order form or pricing plan.
4.2 Recurring billing. Unless otherwise agreed, billing recurs monthly (or annually). Payment is due within 7 days.
4.3 Suspension. Plug may suspend access for unpaid accounts.
4.4 Taxes. Customer is responsible for VAT, withholding, or other applicable taxes, except taxes on Plug’s net income.
5. TERM & TERMINATION
5.1 Term. The Agreement begins on the Subscription Start Date and continues for the subscription period plus any renewals.
5.2 Termination for cause. Either party may terminate if the other materially breaches and fails to cure within 30 days.
5.3 Effect of termination. Upon termination, Customer’s access ends. Plug may delete or anonymize Customer Data (with 30 days’ notice).
5.4 Refund / unpaid fees. If Customer terminates because of Plug’s uncured breach, Plug will refund unused prepaid fees. If Plug terminates for Customer breach, Customer remains liable for fees for the remainder of the period.
6. DATA, PRIVACY & CUSTOMER DATA
6.1 Customer Data. Customer retains ownership of all data and content it uploads (“Customer Data”).
6.2 License to Plug. Customer grants Plug a license to access, process, copy, and display Customer Data only as needed to provide the Service, diagnose issues, ensure security, or comply with law.
6.3 Service Data / anonymized data. Plug may use aggregated or anonymized service metrics (not identifying the Customer) for analytics, benchmarking, or product improvement, and owns such derived data.
6.4 Security. Plug will implement reasonable technical and organizational measures to protect Customer Data against unauthorized access, loss, or disclosure.
7. CONFIDENTIALITY
Each party agrees to treat non-public information disclosed by the other (“Confidential Information”) as confidential. Exclusions: public domain, previously known, received from third parties, or independently developed. Each party will use at least reasonable care, restrict access to those who need to know and are bound by confidentiality obligations, and not disclose to third parties without consent. Disclosure required by law is allowed with notice (if legally permitted). Feedback is excluded from confidentiality and Plug may use it freely (unless it identifies the Customer without consent).
8. WARRANTIES & DISCLAIMERS
Customer represents that it has authority to provide Customer Data, and that its use of the Service will comply with law.
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” PLUG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND WARRANTIES OF UNINTERRUPTED OR SECURE OPERATION.
Some jurisdictions do not allow certain disclaimers; those disclaimers won’t apply to the extent prohibited.
9. LIMITATION OF LIABILITY
Plug will not be liable for indirect, incidental, consequential, or special damages, including lost profits or revenues. Plug’s total aggregate liability for direct damages shall not exceed the fees paid by Customer in the three (3) months prior to the event giving rise to liability. These limitations do not apply to willful misconduct, gross negligence, or liability that cannot be limited by law.
10. CHANGES TO SERVICE & TERMS
Plug may enhance or evolve the Service. If a change materially reduces core functionality, Plug will notify the Customer. Plug may amend these Terms; for material changes, Plug will notify Customer at least 30 days before they take effect. Continued use after that period constitutes acceptance.
11. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms and the Agreement shall be governed according to the laws of Finland, with the exception of the rules and regulations that would lead to another country’s laws applying. Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or validity thereof, shall be finally settled by arbitration in accordance with the Arbitration Rules of the Finland Chamber of Commerce. The number of arbitrators shall be one. The seat of arbitration shall be Helsinki Finland. The language of the arbitration shall be the language in which Plug’s relevant offer was made in or, if the language cannot be determined on this basis, English. However, if both Parties are Finnish limited liability companies or other Finnish organizations, then Plug has a right to decide that the language of the proceeding is Finnish but evidence can be presented in English as well. Evidence may, however, be submitted in any language the arbitral tribunal considers appropriate in view of the circumstances and the Parties. Plug may, however, also take legal action in the District Court of Helsinki or other competent court of law in respect of any unpaid invoiced amounts.
12. GENERAL TERMS
12.1 Assignment. Customer may not assign or transfer this Agreement without Plug’s prior written consent, except in connection with a merger, acquisition, or sale of substantially all assets. Plug may assign this Agreement without restriction.
12.2 Force Majeure. Neither Party shall be liable for delay or failure to perform due to events beyond its reasonable control, including war, civil unrest, strikes, lock-outs, power outages, pandemics, government actions, natural disasters, or internet interruptions.
12.3 Reference Rights. Unless otherwise agreed in writing, Plug may identify Customer as a user of the Service and may use Customer’s name, logo, and case-specific materials in marketing, presentations, and on Plug’s website for reference purposes.
12.4 Independent Parties. The Parties are independent contractors; this Agreement does not create a partnership, joint venture, or employment relationship.
12.5 Notices. Notices under this Agreement must be delivered by email to the addresses provided by the Parties or through the Service. Notices are deemed received on the next business day.
12.6 Entire Agreement. This Agreement constitutes the entire agreement between the Parties.
12.7 Waiver & Severability. Failure to enforce any provision is not a waiver. If any provision is held invalid, the remaining provisions shall remain in effect, and the invalid provision shall be modified to the minimum extent necessary to be valid.
12.8 Survival. Sections on Confidentiality, Intellectual Property, Data, Limitation of Liability, Governing Law & Dispute Resolution, and this Section 12 shall survive termination.