--- /dev/null +++ b/terms-of-service-v1.md @@ -0,0 +1,102 @@ +These Terms are an agreement between you and HOPPRGG LLC, a Georgia limited liability company doing business as Platyn ("Platyn", "we"), for use of the Platyn platform at platyn.io and its related sites (the "Service"). By clicking "I agree" or using the Service, you accept these Terms. + +## 1. Who these Terms cover + +1.1 These Terms apply to every person with a Platyn login ("you"). If you use the Service for a business (an "Organization" or "Org"), you confirm you are authorized to bind it, and the Org is bound too. + +1.2 You must be at least 18 and act for a business located in the United States. + +1.3 An Org's own customers (shoppers, invoice payers and portal users) are not parties to these Terms. The Org is solely responsible for its relationship with them. + +## 2. Accounts and activation + +2.1 Platyn may review, approve or decline any Org before activating it, and may ask for business information to do so. + +2.2 Keep your login credentials confidential. You are responsible for activity under your account, and the Org is responsible for activity by all of its users. + +2.3 Tell us promptly at admin@platyn.io if you suspect unauthorized access. + +## 3. Acceptable use + +You will not, and will not let anyone else: + +- use the Service for anything illegal, fraudulent or deceptive; +- sell, promote or decorate goods that infringe someone else's trademark, copyright or other rights; +- upload malware, or try to break, overload, scrape or reverse engineer the Service; +- access another Org's data, or get around access controls or usage limits; +- resell or sublicense access to the Service without our written consent; +- use the Service to process payments for anyone other than your own Org (see the Payment Terms). + +## 4. Your content and artwork + +4.1 Your Org owns the data and content it puts into the Service, including customer records, designs and artwork ("Your Content"). + +4.2 You give Platyn a limited license to host, copy, process and display Your Content only as needed to run, secure and support the Service. + +4.3 You confirm you have all rights needed for any logo, mark or artwork you upload or print, and you are responsible for any claim that it infringes. + +4.4 Platyn may remove content it reasonably believes infringes or violates these Terms. Infringement notices go to admin@platyn.io. + +## 5. Platyn's property + +The Service, its software and its branding belong to Platyn. These Terms grant you a limited, non-exclusive, non-transferable right to use the Service while your Org's account is active. Feedback you give us may be used freely. + +## 6. Fees + +Any fees for the Service are as agreed in your Org's order form or onboarding agreement. Payment processing fees are governed by the Payment Terms. + +## 7. Privacy and data + +7.1 Platyn handles personal data as described in its [Privacy Policy](/privacy), and uses Your Content only to provide the Service. + +7.2 Platyn never stores full card or bank account numbers; those are handled by our payment processor. + +7.3 On termination you may export Your Content for 30 days, after which we may delete it, except records we must keep by law. + +## 8. Suspension and termination + +8.1 You may stop using the Service at any time, subject to any minimum term in your Org's order form. + +8.2 Platyn may suspend or terminate access, with notice where practical, for breach of these Terms, non-payment, legal or regulatory requirements, or risk to the Service or others. + +8.3 Sections 4, 5, 9, 10, 11 and 13 survive termination. + +## 9. Disclaimers + +The Service is provided "as is" and "as available". To the extent the law allows, Platyn disclaims all implied warranties, including merchantability, fitness for a particular purpose and non-infringement, and does not promise the Service will be uninterrupted or error free. + +## 10. Limitation of liability + +10.1 Neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data. + +10.2 Platyn's total liability under these Terms is limited to the fees the Org paid to Platyn in the 12 months before the event giving rise to the claim. + +10.3 These limits do not apply where the law prohibits them. + +## 11. Indemnity + +The Org will defend and indemnify Platyn against third-party claims arising from Your Content, the goods the Org sells, the Org's dealings with its customers, or the Org's breach of these Terms or the law. + +## 12. Changes to these Terms + +12.1 Platyn may update these Terms. Each version is numbered and dated, and past versions stay available at platyn.io/terms. + +12.2 For material changes we give notice in the Service or by email at least 30 days before they take effect. You must accept the new version within those 30 days; after its effective date you will be asked to accept it before you can keep using the Service. + +12.3 Minor changes (clarifications, typo fixes) take effect when posted and do not require re-acceptance. + +## 13. General + +13.1 **Governing law.** These Terms are governed by the laws of the State of Georgia, without regard to conflict-of-laws rules. + +13.2 **Arbitration.** Any dispute arising from these Terms or the Service will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator, seated in Walton County, Georgia. Disputes are resolved only on an individual basis; class, collective and representative actions are waived. Either party may bring a claim in small-claims court, or seek an injunction in the state or federal courts in Georgia to protect its intellectual property or confidential information. + +13.3 You agree to receive notices electronically and that clicking "I agree" is your electronic signature. + +13.4 These Terms, the Payment Terms (where accepted) and any order form are the entire agreement. If they conflict, the order form controls, then the Payment Terms, then these Terms. + +13.5 You may not assign these Terms without our consent. Platyn may assign them in a merger or sale of its business. + +13.6 If any part is unenforceable, the rest stays in effect. Not enforcing a term is not a waiver. + +13.7 **Contact.** HOPPRGG LLC, 2716 Powell Ct., Monroe, GA 30656, admin@platyn.io.