These Terms of Service govern your access to and use of the Plumb5 platform and services. Please read them carefully — using Plumb5 means you agree to be bound by them.
This Terms of Service (the “ToS” or “Agreement”) applies with respect to the usage of the services (the “Plumb5 Service”) offered by Decisive Analytical Systems Pvt. Ltd. (the “Company”), a company incorporated under the laws of India, and having its registered office at “SOGASU”, No. 8, 1st Main, 1st Block, Koramangala, Bangalore–560034. Your usage of the Plumb5 Service is subject to your explicit acceptance of these ToS and the Privacy Policy (the “PP”). Your acceptance of the same will irrevocably and unconditionally bind you to comply with and abide by all the obligations and conditions stipulated herein (unless otherwise explicitly made optional). After your initial confirmation/consent, You will be assumed to continue consenting to these ToS until you explicitly withdraw your consent by notifying the Company of the same in writing. These ToS supersede all previous oral and written terms and conditions (if any) and shall act as a binding Agreement between the Company and You.
These ToS may be updated, amended, modified or revised by us from time to time. Each such update will be communicated to You via email, and You will be required to give your separate consent to each revised version to continue using the Plumb5 Services. As a best practice, we encourage You to refer to these ToS from time to time to stay aware of any additions, revisions or modifications.
The Company provides an array of features and functionalities to the Customer, enabling engagement with their End-Users. These features include, inter alia:
The Company reserves the right, at its sole discretion, to add, change, suspend, or discontinue all or any part of the Plumb5 Services at any time by posting a notice on the Platform and sending You an email. Your continued use of the Services following any such change constitutes Your acceptance of it. Information You provide for account registration and setup is deemed accurate, complete and updated. You are solely responsible for all activity on Your account — including that of anyone else authorised to access it — and for maintaining its security. We are not responsible for the accuracy or legitimacy of any information or Customer Data uploaded, posted, or downloaded by you or your employees/agents on the Platform. As long as your account is accessed with the correct username and password, and unless you notify us of unauthorised access, the Company is not responsible for verifying the identity of whoever accesses your account, including anyone who exports Customer Data and shares it with a third party.
As part of registration, you will accept our ToS and PP, and provide your name (or your organization’s name) and email ID. You will create a password to secure and limit access to your account. We do not have access to, and do not request, your password, unless you have given us explicit written permission to access your account for support purposes.
It is Your responsibility to ensure the information You provide is accurate, secure, and not misleading. You cannot create an account using (i) the name or information of another person; (ii) trademarks or property of another party, including ours; or (iii) words that are vulgar, obscene or otherwise inappropriate. At account creation and each subsequent access, we track your IP address solely to determine the geographical location from which you access the Platform.
All Customer Data you create, transmit, submit, display or otherwise make available while using the Plumb5 Services must be information You own or have the right to use or share. If you transfer any End-User information to us (including PII), we assume you have informed the End-User and obtained the necessary consent for that processing, including for sending Messages. Such End-User information may include:
We may use this information for as long as your account is active, and only as specified by our Privacy Policy and applicable law. We will never share personally identifiable information about You or your End-Users without prior explicit disclosure and permission. While we make commercially reasonable efforts to keep data stored on our servers persistent and available, we are not responsible for third-party server failures or other factors outside our reasonable control that cause Customer Data to be deleted, irretrievable, or temporarily inaccessible.
We use multiple third-party service providers to power the Plumb5 Services, and share Customer Data with them as necessary to enable their services. We attempt to ensure all third-party providers are bound by confidentiality and data-privacy obligations equivalent to those we guarantee You.
You may also integrate and use certain third-party services alongside Plumb5, such as SMS, RCS, WhatsApp or email service providers. You understand and agree that your engagement with such third parties is an independent legal relationship, and any action, breach, fault, delay or omission involving them is your sole liability — the Company is not involved.
As a condition of use, You promise not to use the service for any purpose prohibited by the ToS, by law, or by our other policies. The Plumb5 Service and Plumb5 Data are provided only for Your own personal, non-commercial use.
By way of example, and not as a limitation, You shall not (and shall not permit any third party to) take any action that:
Furthermore, You shall not (directly or indirectly):
Copying, distributing, displaying, reproducing, modifying, or otherwise using Plumb5 Content in any manner not specified in these ToS is a violation of copyright and intellectual property rights, and the Company reserves its rights under applicable law accordingly. We reserve all rights, title, and ownership in Plumb5 Content.
You will at all times remain the complete owner and retain all rights and title to Your Customer Data. This includes liability and responsibility should Customer Data breach any obligation of confidentiality, intellectual property right, or other third-party right.
You agree that we may contact You by telephone, email, SMS, RCS, WhatsApp or other electronic means to obtain feedback on the Platform or Plumb5, or to resolve complaints, information or queries you raise — and you agree to cooperate fully with such communication.
You are prohibited from:
On learning of any breach of the above — whether discovered ourselves or reported in writing or by email — the Company may temporarily suspend or delete your account, impose penalties, or take other action it deems fit. We may preserve related information and records for at least 90 days for production to governmental authorities for investigation, or as required by law.
Where a Customer fails to comply with applicable laws, rules, regulations, or this ToS/PP, we may immediately terminate Your access to the Platform and remove non-compliant information.
The Company offers email-based and online support and query-resolution tools. You may reach our support team at legal@Plumb5.com. The Company uses commercially reasonable best efforts to respond to support requests and resolve issues. Any suggestions the Company makes regarding use of Plumb5 or the Platform are not to be construed as a warranty.
The Company reserves the right to suspend or terminate Your access to the Platform and services, with or without notice, and to exercise any other available remedy, where:
Once suspended (temporarily or indefinitely) or terminated, You may not continue using the Platform under the same account, a different account, or by re-registering under a new one. The Company will destroy and/or delete all data related to your account within 14 days of termination. All provisions of the ToS that by their nature should survive termination will do so, including warranty disclaimers, indemnity, and limitations of liability.
THE SERVICES (INCLUDING ANY CONTENT) ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND ARE WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. THE COMPANY AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, SPONSORS AND PARTNERS DO NOT WARRANT THAT: (A) THE PLUMB5 SERVICES AND THE PLATFORM WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE ON THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE PLATFORM WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE PLATFORM AND THE SERVICES IS SOLELY AT YOUR OWN RISK.
You shall defend, indemnify, and hold harmless the Company, its affiliates, subsidiaries and joint-venture partners, and each of their employees, contractors, directors, suppliers and representatives from all liabilities, losses, claims, and expenses (including reasonable attorneys’ fees) arising from or related to (i) Your use or misuse of, or access to, the Platform and Plumb5; or (ii) Your violation of this ToS or any applicable law, contract, policy, regulation or obligation. We reserve the right to assume exclusive defence and control of any matter otherwise subject to indemnification by You, and You will assist and cooperate with us accordingly.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY (NOR ITS DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, LICENSORS OR RESELLERS) BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE:
This Agreement is governed by and construed in accordance with the laws of India, without regard to conflict-of-laws provisions. All claims, differences and disputes arising under, in connection with, or in relation to the Platform, the ToS, or any transaction entered into through the Platform are subject to the exclusive jurisdiction of the courts at Bangalore, Karnataka, India, and You accede to and accept the jurisdiction of such courts.
The ToS constitute the entire agreement between You and the Company with respect to Plumb5, superseding all prior or contemporaneous communications and proposals between You and the Company on the same subject. If any provision of the ToS is found unenforceable or invalid, it will be limited or eliminated to the minimum extent necessary so the ToS otherwise remain in full force and effect. Failure by either party to exercise any right provided herein is not a waiver of further rights. The ToS are personal to You and are not assignable or transferable by You except with the Company’s prior written consent; the Company may assign, transfer or delegate its rights and obligations without consent. No agency, partnership, joint venture, or employment relationship is created by the ToS, and neither party has authority to bind the other. All notices under the ToS will be in writing and deemed duly given when received — if personally delivered or sent by certified/registered mail with return receipt requested; when electronically confirmed, if sent by facsimile or email; or two days after sending, if sent for next-day delivery by a recognized overnight courier.
If You have any questions regarding the Platform or the Plumb5 Services, please contact us at legal@decisive.in. You may also reach our Data Protection Officer at compliance@decisive.in.
Our team is happy to help clarify anything in this agreement.
Decisive Analytical Systems Pvt. Ltd.
“SOGASU”, No. 8, 1st Main, 1st Block, Koramangala, Bangalore–560034