Terms of Service
Terms of Service - Ply
Real Far Ltd. d/b/a Ply, a company incorporated in the State of Israel with Company No. 515866747, along with its affiliate entities, (together "Ply", "us", "our", or "we"), offers a software augmentation product, available through our browser extension, that allows teams to build a layer of custom functionality into off-the-shelf applications, without code ("Custom Features" and "Service", respectively). These Terms of Service ("Terms") govern your access and use of the Service and our website ("Site"), including without limitation, requests for demos and any informational material, if and as available on the Site from time to time. Our Privacy Notice, available at https://go.ply.io/Privacy ("Privacy Notice") and the DPA (defined below) governs our collection, processing and transfer of any Personal Data (as such term is defined in the Privacy Notice). "You" means an individual using the Service.
Please read these Terms carefully. By clicking on the button marked "I agree" you assent to these Terms. We may change these Terms from time to time and by continuing to use the Site or Service following any changes, you agree to the amended Terms. If you do not agree to any of these Terms, please do not click the button marked "I agree" and do not use the Site or Service.
If you are registering on behalf of any entity or company ("Company"), you represent that you are authorized to enter into, and bind the Company to these Terms and register for the Service.
1. Use of Service
Subject to these Terms, Ply allows you to access and use the Service to create Custom Features on a non-exclusive basis for your own or the Company's internal business purposes.
Use of and access to the Site and/or Service is void where prohibited by law. You represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are at least 18 years old and have the ability to form a binding contract; (d) your use of the Service and building of any Custom Features does not violate any applicable law, regulation, or obligation you may have to a third party; and (e) you shall comply with applicable laws, regulations, and these Terms throughout your use of the Service. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules, and regulations applicable to you and the Company. The right to access the Service is revoked where these Terms or use of the Service is prohibited.
2. Account Registration
In order to use the Service, you will need to have a registered account. You can register by logging in through your Google or other third-party login account ("Login Account") as may be permitted by Ply from time to time. By registering through a Login Account, you represent and warrant that such Login Account is yours and that you have full rights to use the Login Account in connection with the Service. To complete the registration process, you must provide all (additional) registration information that we request. We may indicate that the provision of some information is optional, but your agreement to provide such information may assist us in providing you with improved services.
Depending on the designation of your account, for example as an "Administrator" or other "User", different services may be available to you. Administrators may be permitted to invite and remove other users and configure permissions within the Company's account. If you are an Administrator, you represent and warrant that you have lawfully received any necessary consent and have the full right and power to provide us with any personal details of a third party that you provide for registration purposes.
Subject to applicable law, Ply may refuse to open an account for any individual or entity at its sole discretion and/or limit the number of users a Company may have associated with its account, at its sole discretion.
You agree to notify us immediately of any unauthorized use of your account. You are solely responsible for the security of your computer system and all activity on your account, even if such activities were not committed by you. To the fullest extent permitted by applicable law, Ply will not be liable for any losses or damage arising from unauthorized use of your account. We do not police for and cannot guarantee that we will learn of or prevent any inappropriate use of the Service.
3. Termination of Account
Ply may suspend or terminate your account at any time by providing three (3) days' prior notice. In addition, Ply may suspend or terminate your account with immediate effect and may take any other corrective action it deems appropriate upon occurrence of any of the following events: (i) violation of the letter or spirit of these Terms, (ii) behavior that is fraudulent, harassing, abusive, illegal or harmful to other users, third parties, or the business interests of Ply; or (iii) failure to make payment in accordance with the terms specified herein, including chargebacks. If your account is terminated, you may not rejoin Ply without permission. Ply may modify or discontinue the Service for all users at any time. Upon termination of your account, you shall not have any further access to any Custom Features or any materials that may be available through your account.
We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior through the Service. To the extent required by law, we will cooperate with any law enforcement authorities or court order directing or requesting that we disclose the identity, behavior, or User Content (as defined below) of anyone believed to have violated these Terms or to have engaged in illegal behavior in connection with the Service.
You may request termination of your account at any time by sending an email to support@ply.co. Following such request, we shall close your account as soon as reasonably practicable. Suspension or termination of your account shall not affect your obligations under these Terms (including but not limited to ownership, indemnification, any representations and warranties made by you, limitation of liability, and payment obligations), which by their sense and context are intended to survive such suspension or termination.
4. Fees and Payment
You agree to pay Ply the fees as specified on the Site in accordance with the plan for which you have registered. Depending on the applicable plan, payments are to be made on a monthly or annual basis, in advance. Subject to applicable law, you will not be eligible for a refund in respect of any month paid in advance. You will be asked to provide customary billing information such as name, billing address and credit card information either to Ply or its third-party payment processor(s). You hereby authorize the collection of such amounts by charging the credit card provided, either directly by Ply or indirectly, via a third-party online payment processor or by one of the payment methods described on the Site. If you are directed to a third-party payment processor, you may be subject to terms and conditions governing use of that third party's service and that third party's Personal Data collection practices. Please review such terms and conditions and privacy policy before using such services.
Where applicable, taxes may also be charged. Except as expressly provided in these Terms, fees are non-refundable.
Please note that Ply may impose or deduct foreign currency processing costs on or from any payments or payouts by Ply in currencies other than U.S. dollars. When converting currency, prices may be rounded up to the nearest whole number.
5. Content
Ply or its licensors, as the case may be, have all right, title, and interest in the Site, Service, and any content thereon (excluding User Content), including its overall appearance, text, graphics, graphics design, videos, demos, interfaces, and underlying source files, and all worldwide intellectual property rights, the trademarks, service marks, and logos contained therein, whether registered or unregistered. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use the content of the Site or Service for any purpose. You will not remove, alter or conceal any copyright, trademark, service mark, or other proprietary rights notices incorporated in the Site and/or Service. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms or the Site should be construed as granting you any right to use any trademark, service mark, logo, or trade name of Ply or any third party. If you provide Ply with any feedback regarding the Site and/or Service, Ply may use all such feedback without restriction and shall not be subject to any non-disclosure or non-use obligations in respect of such feedback.
You have all right, title, and interest in the User Content you provide. You grant Ply the right to use, copy, prepare derivative works of and/or alter User Content solely in connection with the Service including, in case of User Content that involves a public template or "installable" feature, to provide such User Content to other users.
Certain types of content may be made available through the Site or Service. "Content" as used in these Terms means, collectively, all content on or made available through the Site or Service, including any images, photos, pictures, videos, or articles, and any modifications or derivatives of the foregoing.
PLY DOES NOT ENDORSE ANY CONTENT OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED IN ANY CONTENT AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH THE CONTENT. PLY DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF ANY AND ALL USERS (INCLUDING UNAUTHORIZED USERS) THAT ARE NOT SOLELY DUE TO PLY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE.
6. Integrations and User Content
Through the Service, Ply allows you and other users to integrate with certain of your or the Company's existing systems, including third-party systems ("Integrations"), in order to allow you to build Custom Features within such systems. Through such Integrations, we may gain access to content that may be stored in such systems ("User Content"). Integrations with existing systems are managed entirely at your discretion and you can determine what systems will be integrated and what User Content will be available to Ply.
Ply does not access or use any of your User Content for its own purposes; it handles such data solely in order to provide you with the Service and, where requested by you, to provide customer support.
To the extent you make available User Content that includes Personal Data that is subject to the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 ("GDPR"), it is agreed that (a) you will all times be considered the data Controller (as defined in the GDPR) of such Personal Data and Ply shall act solely as a data Processor (as defined in the GDPR) on your behalf, all in accordance with the Data Processing Agreement ("DPA"), available at https://info.ply.io/data-processing-agreement; (b) you are responsible for compliance with your obligations under any applicable data protection laws and the GDPR (c) you have and shall maintain throughout the term of these Terms and the DPA all necessary rights, legal bases and/or consents required under applicable law in order to allow Ply to access the Personal Data and to allow it to provide its services as a Processor; (d) you shall ensure that a record of such consents is maintained, as required under applicable law; and (e) you shall not provide Ply with any Special Categories of Data (as defined in the GDPR) and/or any data or information subject to special regulatory or statutory protection regimes (including but not limited to data regarding children and health data).
You are and shall remain fully and solely responsible for all User Content. You represent and warrant that any User Content that you make available to Ply complies with applicable law and that you have all necessary rights, licenses, consents, and authorities required to share such User Content.
Without limiting the above, you agree that you will not use any Integrations, transmit or make available any User Content, or act in any way that:
restricts or inhibits use of the Service;
violates the legal rights of others;
infringes (or results in the infringement of) the intellectual property, moral, publicity, privacy, or other rights of any third party;
is (or you reasonably believe or should reasonably believe to be) in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe or should reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material;
does not comply with all applicable laws, rules and regulations; or
transmits any virus, worm, trojan horse, or other harmful or disruptive component.
7. Use Restrictions
You may not do or attempt to do or facilitate a third party in doing any of the following: (1) decipher, decompile, disassemble, or reverse-engineer any of the software and/or code, if and as applicable, used to provide the Site or Service without our prior written authorization, including framing or mirroring any part of the Site or Service; (2) circumvent, disable, or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or other content available through the Site or Service; (3) use the Site, Service, or content thereon in connection with any personal or commercial endeavors in any manner, except for the purposes specifically set forth in these Terms; (4) use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Site or Service; (5) use or access another user's account without permission; (6) use the Site or Service or content thereon in any manner not permitted by these Terms or applicable law, including all applicable export laws and regulations to (re)export the Service and/or any related materials in violation of such laws.
8. Intellectual Property
Ply or its licensors, as the case may be, have all right, title, and interest in the Site, Service, and any content thereon (excluding User Content), including its overall appearance, text, graphics, graphics design, videos, demos, interfaces, and underlying source files, and all worldwide intellectual property rights, the trademarks, service marks, and logos contained therein, whether registered or unregistered. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use the content of the Site or Service for any purpose. You will not remove, alter or conceal any copyright, trademark, service mark, or other proprietary rights notices incorporated in the Site and/or Service. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms or the Site should be construed as granting you any right to use any trademark, service mark, logo, or trade name of Ply or any third party. If you provide Ply with any feedback regarding the Site and/or Service, Ply may use all such feedback without restriction and shall not be subject to any non-disclosure or non-use obligations in respect of such feedback.
You have all right, title, and interest in the User Content you provide. You grant Ply the right to use, copy, prepare derivative works of and/or alter User Content solely in connection with the Service including, in case of User Content that involves a public template or "installable" feature, to provide such User Content to other users.
9. Disclaimers and Disclaimer of Warranty
All information and content on the Site or Service is for informational purposes only and Ply provides no guarantees with respect thereto. Your use of the Site and/or Service is at your sole discretion and risk. The Service and content thereon are provided on an AS IS and AS AVAILABLE basis without warranties of any kind. We do not represent or warrant that Service or any Custom Features you build will be of good quality or useful for your needs.
WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE AND/OR SERVICE, CONTENT, INTEGRATIONS, OR ANY CUSTOM FEATURES, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, OR PERFORMANCE OF THE SITE AND/OR SERVICE, ANY INTEGRATIONS, OR ANY CUSTOM FEATURES; (II) THAT THE SITE OR SERVICE WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; (III) REGARDING THE ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED.
No advice or information, whether oral or written, obtained by you from us, shall create any warranty that is not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
You acknowledge and agree that Ply is not a data retention service. You therefore must create backups of your data, and Ply shall have no responsibility or liability in respect of any loss of, damage to, or corruption of any such data.
10. Limitation of Liability
Without derogating from any of the above, we assume no responsibility for any error, interruption, defect, or delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any materials or services. We are not responsible for any problems or technical malfunction or failure of any telephone network or lines, computer systems or equipment, servers, software, failure due to technical problems or traffic congestion on the Internet or on the Service. We shall not be responsible for any loss or damage, including personal injury or death, resulting from the conduct of any users of the Service. In addition, we assume no responsibility for any incorrect data, including Personal Data provided by you or on your behalf and you hereby represent and warrant that you are solely responsible for any and all data provided to Ply, including any incorrect data and you shall assume any and all liability for any consequences of provision of such incorrect data to us.
IN NO EVENT SHALL PLY, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, ASSIGNEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE OR ANY CUSTOM FEATURES, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER PLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND IN NO EVENT SHALL OUR MAXIMUM CUMULATIVE LIABILITY TO YOU EXCEED THE AMOUNT YOU HAVE PAID US IN THE SIX MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE APPLICABLE CLAIM OR CAUSE OF ACTION AROSE, IF APPLICABLE.
11. Indemnification
You agree to indemnify, defend, and hold harmless Ply, its affiliates, and their respective employees, directors, officers, subcontractors and agents from and against any and all claims, damages, or costs, losses, liabilities or expenses (including reasonable court costs, attorneys’ fees, and any administrative and/or criminal fines) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your account and/or computer and/or mobile device, password (whether authorized or unauthorized); (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Site, Service, or any Custom Features; (c) your violation of any law or regulation or any of your obligations, representations, or warranties hereunder including but not limited to breach of any privacy and/or data protection laws and regulations to which you are subject; (d) your infringement of any right of any third party; and (e) any other matter for which you are responsible hereunder or under applicable law. You may not settle or compromise such suit without our prior written consent. We may be represented in any such suit by counsel of our own choosing at our own expense.
12. Notices
Any required notices pursuant to these Terms may be sent by registered mail or email transmission (with electronic confirmation of delivery) to the addresses of the parties hereto set out herein or provided upon registration, as applicable, and any such notice shall be deemed to have been received one (1) business day after delivery by courier, four (4) business days after delivery by registered mail and one (1) business day after email transmission and written confirmation receipt of such transmission.
13. Miscellaneous
These Terms shall be governed solely by the laws of the State of New-York, and without regard to the United Nations Convention on the International Sales of Goods and the competent courts in the State of New-York shall have exclusive jurisdiction to hear any disputes arising hereunder. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and Ply or enables you to act on behalf of Ply. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between us and you pertaining to the subject matter hereof, and any and all other agreements existing between us and you relating thereto are hereby canceled. We may assign and/or transfer our rights and obligations hereunder to any third party without prior notice. You shall not assign and/or transfer any of your rights or obligations hereunder, and any assignment in violation of the foregoing shall be void. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
Last updated: July 2024
Last updated