Terms Of Use

Effective as of: June 4, 2019

Introduction

Your use of the Plyvie Service, and the licenses granted herein, are expressly conditioned upon your acceptance of these Terms of Use and Privacy Policy (collectively, the “Agreement”).

Changes and modifications

Plyvie may change or amend these terms. If we make material changes, we will notify you, either through the user interface, in an email notification, or through other reasonable means. Your use of the Service after the date such change(s) become effective will constitute consent to the changed terms. If you do not agree to the changes, you must immediately stop using the Service. Otherwise, the new terms will apply to you.

As long as you comply with this Agreement, Plyvie grants you a limited, revocable, non-exclusive, non-assignable, non-sublicensable right to access and use the Service as it is intended to be used and in accordance with this Agreement and applicable law. We grant you no other rights, implied or otherwise.

Conditions of use and USER conduct

As a condition of use, and the licenses granted to you herein, you agree to the following:
  • Certain components of the Service permit or require you to open an account (including setting up a password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify Plyvie immediately of any unauthorized use of your account or password, or any other breach of security. If your account is a single user account, you must not knowingly allow others to use your account or password.

  • You must not use the Service to harass, threaten, impersonate, or intimidate anyone.

  • You must not upload, post, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.

  • You must not upload, post, email, transmit, publicly perform, or otherwise make available any content that violates the copyright, trademark, publicity, privacy, or other rights of third parties. You must comply with all intellectual property and other laws applicable to your use of the Service.

  • You must not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “affiliate links,” or any other form of solicitation.

  • You must not transmit any worms or viruses or any code of a destructive nature.

  • You must not violate any laws applicable to your use of the Service (including but not limited to intellectual property laws).

  • You must not use the Service for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content.

  • You must not use the Service, or any presentation produced on or using the Service, to falsely suggest an affiliation, sponsorship, or endorsement on the part of Plyvie for the topic and/or creator of the presentation.

  • You must not share the use of your account with any other person.

Some Plyvie accounts are offered with a free trial period. Such free trials are limited to one-per-user. Users must not fraudulently obtain (or attempt to obtain) additional trial periods beyond the single free trial term.

Age Registrations on use of service

Users must be at least 13 years old. Users must be 13 years of age or older to use the Service. By using the Service you represent that you are 13 or older and that you will not permit a minor under the age of 13 to use the Service, your Plyvie account, or otherwise interact with the Service. Plyvie will never knowingly solicit or accept personally identifiable information or other content from a user or visitor who Plyvie knows is under 13 years of age. If Plyvie discovers that a user under 13 years of age has created an account, or that a user or visitor under 13 years of age has posted personally identifiable information or other content to the Service, Plyvie will terminate the account and remove the information or other content.

Users between 13 and 18 need permission from a parent or guardian. Users between 13 and 18 years of age may utilize a Plyvie account established by their parent or legal guardian, with such parent or guardian’s approval. If you permit your child or legal ward between 13 and 18 years of age (“Child”) to use the Service, you hereby agree to these Terms of Use on behalf of both yourself and your Child. You further agree that you are solely responsible for any and all use of the Service by your Child regardless of whether such use was authorized by you.

Account Types

Plyvie offers multiple account types. You can find information about features and pricing, here.

User content and options

General

Presentations and information about presenter and presentation (e.g. user name, presentation title) are private by default and will not be available to the public unless shared. Rather, they will be available to you, and to those Plyvie users with whom you have chosen to share the content. You may invite one or more people (a “Viewer”) to view your presentation by sending them a “share” link or sharing QR code. You hereby do and shall grant to each Invited Viewer a worldwide, non-exclusive, revocable license to access, view and publicly perform your Private User Content. This license ends when you delete the presentation or your account is closed (either by you or by us), except to the extent that the content has been shared with others and they have not deleted it.

Business Accounts. If you sign up for a Plyvie Public Account or a Paid Plyvie Account with an e-mail address using a domain owned by an organization (“Organization”) then, depending on your country of habitual residence and the agreement entered into between us and the Organization, your account (a “Business Account”) is subject to the terms and conditions of the agreement between Plyvie and the Organization. Those terms may be in addition to or different from the terms and conditions in this Agreement. Please note that the Organization controls your Business Account and may have the same rights with regard to your Business Account.

If you convert your account to a Business Account, the Organization may prevent you from subsequently converting your account to another account type. Please ask your Organization about the specific conditions applicable to your Business Account. You hereby do and shall grant to the Organization a worldwide, non-exclusive, revocable license to use, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display, distribute and transmit the Public User Content or Private User Content of your account. This license ends when you delete the presentation or your account is closed (either by you or by us), except to the extent that the content has been shared with others and they have not deleted it.

The Organization may request Plyvie to block your account until you either convert your account to a Business Account or you associate a personal email address with your account.

Licenses you grant to Plyvie for use of public user content and private user content

In order to provide the Service to you in accordance with these terms, we need certain licenses from you in order for us to, e.g., host, store and display the content. For example, we need the right to publicly display/perform the work to allow us to display it on the computer monitor of any party who is not the copyright holder. We need the right to reproduce the content so that it can be saved to our servers. We need to create derivative works and modify the content, for example, when converting an uploaded presentation into a format that will work most efficiently with the Service.

With respect to Private User Content, you hereby do and shall grant to Plyvie (and its successors, assigns, and third party service providers) a worldwide, non-exclusive, revocable, royalty-free, fully paid, sublicensable, and transferable license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display, distribute and transmit the content SOLELY FOR THE PURPOSE of providing you, and those with whom you have shared your presentations, with the Service. This license ends when you delete your Private User Content or your account is closed (either by you or by us), except (i) to the extent that your Private User Content has been shared with others and they have not deleted it, (ii) that if you are a habitual resident of a Member State of the European Economic Area, we retain a license to maintain a backup copy of your Private User Content for three years and (iii) that if you are not a habitual resident of a Member State of the European Economic Area, we retain a license to maintain a backup copy of your Private User Content indefinitely.

With respect to Public User Content, you hereby do and shall grant to Plyvie (and its successors, assigns, and third party service providers) a worldwide, non-exclusive, revocable, royalty-free, fully paid, sublicensable, and transferable license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display, distribute and transmit the content (1) for the purpose of providing you, and those with whom you have shared your presentations (including the public), with the Service; and (2) in connection with promotion and marketing of Plyvie products and services, including without limitation allowing third parties to search or index the content, in connection with email promotions, product demonstrations, and the like. This license ends when you delete your Public User Content or your account is closed (either by you or by us), except (i) to the extent that your Public User Content has been shared with others and they have not deleted it and (ii) that we retain a license to maintain a backup copy of your Public User Content indefinitely.

Regardless of whether you designate content public or private, Plyvie makes no claim of ownership to your User Content and obtains no rights to your content other than as provided for herein.

Expiration and revocability of licenses

Plyvie makes it easy for users with qualified accounts to change a presentation’s public/private status at any time.

However, uses made of your presentation or the underlying User Content, whether by Plyvie or its users, are subject to the licenses that were in place at the time such use was originally made by the person or entity who originally made the use. For example, licensed uses of Public User Content, or content that allows reuse, may continue to be made after such content is designated Private User Content, by those users who previously used the content under the prior license.

Payment terms

Payment for subscription

You agree to pay the then-current fee for the account type (e.g., Small, Medium, or the like) you have selected or a different fee which was agreed between Plyvie and Customer. If your account began with a free trial, the current fee for the account type you have selected will automatically and immediately be charged to your payment instrument or account on the date your free trial expires. If your account did not begin with a free trial, the current fee for the account type you have selected will automatically and immediately be charged to your payment instrument or account on the date you signed up and then every 30 or 365 days after (depending on the billing cycle which applies to your account). Fees charged for one account type may not be credited towards other account types. All currency references are in EUR. Plyvie does not accept cheques. Plyvie reserves the right to update Plyvie pricing at any time in its sole discretion. Plyvie does not store any payment card information.

Fraud protections

To protect against potential fraud, Plyvie may take steps to verify the validity of the credit card information you provide to us. The verification process may include debiting an amount between 0.01 EUR and 0.99 EUR from your credit card account and then immediately crediting the same amount back to your credit card, as well as asking you to verify the amount debited in order to confirm that you are in possession of your credit card. Plyvie will only use this process to screen for fraud and will not otherwise debit your credit card account except as part of a transaction conducted through your account for the Service. By providing Plyvie with your credit card information, you authorize Plyvie to debit and credit your credit card account for an amount less than one dollar for such verification purposes.

Cancellation of subscription

Payment for subscriptions is non-refundable. If you cancel your recurring payment option, your account will remain active until its next renewal date. If you delete your account before the end of the term for which you paid, your cancellation will take effect immediately. In either case (cancellation or deletion), you will not be given any refund.

Termination

If your payment method is invalid or rejected for any reason and a Plyvie Free account is available for you, your paid Plyvie account will revert to the Plyvie Free account and will be subject to the limitations of a Plyvie Free account; provided, however, that Plyvie reserves the right to cancel your account entirely in such case. You will have the option of deleting any User Content from your account.

If your payment method is invalid or rejected for any reason and a Plyvie Free account is not available for you, your paid Plyvie account will be deactivated. If your paid Plyvie account began with a free trial and you do not purchase a subscription to the same or an upgraded version of those services before the end of the trial period, your paid Plyvie account will be automatically deactivated at the end of the trial period.

If your paid Plyvie account is frozen for more than 30 days, any content you entered into the Service, and any customizations made to the Service by or for you, which are associated with your paid Plyvie account may be deleted.

Service availability

Although we aim to offer you the best service possible, we make no promise that the Products will meet your requirements and we cannot guarantee that the Products will be fault free. If a fault occurs in the Products, please report it to us at support@plyvie.com and we will review your complaint and, where we determine it is appropriate to do so, correct the fault. If the need arises, we may suspend access to the Products while we address the fault. We will not be liable to you if the Products are unavailable for a commercially reasonable period of time.

Your access to the Products may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or Products. We will restore the Products as soon as we reasonably can. In the event that the Products are unavailable, our usual Order and cancellation deadlines apply; please notify us of changes to your Order by emailing support@plyvie.com

Supported browsers

Currently, we support the latest versions of “Google Chrome”, “Safari” and “Firefox” (desktop and mobile browsers). For IOS users: audio stream feature is supported only in “Safari”. Plyvie can also work in other browsers, although it‘s not guaranteed.

Intellectual property infringement, warranties

We are committed to complying with copyright and related laws, and we require all users of the Products to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Products in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by copyright law. Owners of copyrighted works in the United States who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the US Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner’s legal agent.

If you feel that a posted message is objectionable or infringing, we encourage you to contact us immediately. Upon our receipt of a proper notice of claimed infringement under the DMCA, we will respond expeditiously to remove or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. Our designated agent (i.e., the proper party) to whom you should address such notice is listed below.

If you believe that your work has been copied and posted on the Products in a way that constitutes copyright infringement, please provide our designated agent with the following information:
  • (a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

  • (b) A description of the copyrighted work or other intellectual property that you claim has been infringed;

  • (c) A description of where the material that you claim is infringing is located on the Products;

  • (d) Your address, telephone number, and email address;

  • (e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and

  • (f) A statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

  • (g) Our designated agent for notice of claims of copyright infringement can be reached as follows:

By Mail: Plyvie GbR, Alex-Wedding-Str., 5, 10178, Berlin, Germany

By Email: info@plyvie.com Subject line: DMCA

When you upload User Content on or through the Service, you represent and warrant that, with respect to all User Content that you upload, transmit, publish and disseminate through the Service, (a) you have all the rights and licenses necessary to use, reproduce, publish, display publicly, perform publicly, distribute, or otherwise exploit such User Content in connection with the Service (and to grant to Plyvie the licenses set forth in this Agreement); (b) the User Content will not infringe or otherwise violate the copyright, trademark, or other intellectual property rights of any third party; and (c) you have the consent, release, and/or permission of each identifiable person depicted in your User Content to upload, transmit, publish, and/or disseminate their name and/or likeness through the Service.

Plyvie's intellectual property

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, content, and computer code (collectively, “Plyvie Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Plyvie Content, contained on the Service is owned, controlled, or licensed by or to Plyvie, and is protected by trade dress, copyright, patent, and trademark laws, and various other intellectual property rights.

Except as expressly provided in this Agreement or otherwise permitted by law, no Plyvie Content may be used, copied, reproduced, modified, republished, uploaded, posted, publicly displayed, publicly performed, publicly performed by means of a digital audio transmission, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, or any other medium for publication or distribution or for any commercial enterprise or purpose, without Plyvie’s express prior written consent.

Termination

You agree that Plyvie may, at its sole discretion and without prior notice, terminate your account, your access to the Service, and/or block your future access to the Service. By way of example, but not by way of limitation, we may terminate your account if we determine that you have violated this Agreement or other agreements or guidelines that may be associated with your use of the Service. Please note that it is Plyvie’s policy to terminate the accounts of users who repeatedly violate the intellectual property rights of third parties.

If Plyvie takes any legal action against you as a result of your breach of this Agreement, Plyvie will be entitled to recover from you, and you agree to pay, all reasonable attorney’s fees and costs of such action, in addition to any other relief granted to Plyvie

Disclaimer of warranties

While Plyvie attempts to make User Content available through the Service, Plyvie does not guarantee access to or hosting of, your User Content. For example, if User Content violates these Terms of Use, access to it may be disabled. Also, if a particular piece of content creates too large a demand on the Service, it may result in access to the content being temporarily or permanently disabled. You agree that Plyvie will not be liable to you or to any third party for termination of your access to the Service for any reason.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PLYVIE AND ITS SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, AND LICENSORS (THE “PLYVIE AFFILIATES”) EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE OR ANY WARRANTY OR CONDITION ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. PLYVIE AND THE PLYVIE AFFILIATES MAKE NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) USER CONTENT WILL BE HOSTED AND/OR TRANSMITTED WITHOUT INTERRUPTION OR CESSATION; (d) ANY PRODUCTS, SITES, INFORMATION, OR OTHER MATERIAL, WHETHER INTANGIBLE OR INTANGIBLE FORM, PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS OR ANY STANDARD OF QUALITY; AND (e) ANY DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SERVICE OR RELATED SOFTWARE WILL BE CORRECTED.

ANY MATERIAL, INFORMATION, OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM AND/OR LOSS OF DATA THAT RESULT FROM THE DOWNLOAD OF SUCH MATERIAL. NO ADVICE, REPRESENTATION OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PLYVIE, THE PLYVIE AFFILIATES, OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

Limitation of liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT PLYVIE AND THE PLYVIE AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER, CAUSED. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY LOSS OF PROFITS, GOODWILL, OR BUSINESS REPUTATION; ANY LOSS OF DATA; ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR ANY OTHER INTANGIBLE LOSSES. THIS ALSO INCLUDES, WITHOUT LIMITATION, ANY LOSS OR DAMAGES THAT MAY BE INCURRED BY YOU AS A RESULT OF (a) ANY CHANGES THAT PLYVIE MAY MAKE TO THE SERVICE; (b) ANY PERMANENT OR TEMPORARY CESSATION OF THE SERVICE; (c) THE DELETION OR CORRUPTION OF OR FAILURE TO STORE ANY CONTENT OR OTHER PROPERTY MAINTAINED THROUGH THE SERVICE; OR (d) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE. THE LIMITATIONS AND EXCLUSIONS OF LIABILITY ABOVE SHALL APPLY IRRESPECTIVE OF THE THEORY OF LIABILITY, INCLUDING CONTRACT (INCLUDING FUNDAMENTAL BREACH), WARRANTY, PRODUCT LIABILITY, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER THEORY, EVEN IF WE (OR OUR AFFILIATES) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF PLYVIE, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).

YOU SPECIFICALLY ACKNOWLEDGE THAT PLYVIE AND THE PLYVIE AFFILIATES SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Exclusions and Limitations

SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND, IN SUCH INSTANCES, PLYVIE AND/OR THE PLYVIE AFFILIATES’ LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Please review presentations for appropriate content before use

Plyvie has not reviewed the presentations featured on the Service to determine whether they are suitable or appropriate for your intended audience. Before using any of the presentations featured on the Service, please PREVIEW THEM CAREFULLY to ensure that the materials are appropriate for your audience, and for any other uses you intend to make. Plyvie is not responsible for the content of any presentations on the Service. If you find any content on the Service that you believe is objectionable, or that violates Plyvie’s terms of use or conduct guidelines, please feel free to notify us at abuse@plyvie.com

Indemnification

You agree to indemnify and hold Plyvie and/or the Plyvie Affiliates harmless from and against any and all liabilities and costs (including reasonable attorney’s fees) incurred by Plyvie and/or the Plyvie Affiliates in connection with any claim arising out of your breach of the Agreement. Plyvie reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Arbitration

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY, AS THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH PLYVIE, AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM PLYVIE.

(a) Applicability of Arbitration Agreement. All disputes arising out of, relating to, or in connection with these Terms or your use of the Products that cannot be resolved informally or in small claims court will be resolved through binding arbitration on an individual basis, except that you and Plyvie are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.

(b) Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. The arbitration will be initiated through the American Arbitration Association (“AAA”). If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The AAA Consumer Arbitration Rules (“AAA Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single neutral arbitrator.

If the claim is for $10,000 or less, the party initiating the arbitration may choose whether the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator; (2) through a non-appearance based telephonic hearing; or (3) by an in-person hearing as established by the AAA Rules in the county of your billing address. In the case of an in-person hearing, the proceedings will be conducted at a location which is reasonably convenient for both parties with due consideration of the ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by the arbitration institution.

Your arbitration fees and your share of arbitrator compensation will be limited to those fees set forth in the AAA Rules with the remainder paid by Plyvie. If the arbitrator finds that either the substance of your claim or the relief sought in the arbitration is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse Plyvie for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

(c) Authority of Arbitrator. The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and Plyvie. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award all remedies available under applicable law, the arbitral forum’s rules, and the Terms. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Plyvie.

(d) Jury Trial Waiver. You and Plyvie waive any constitutional and statutory rights to go to court and have a trial in front of a judge or a jury. Rather, you and Plyvie elect to have claims and disputes resolved by arbitration. In any litigation between you and Plyvie over whether to vacate or enforce an arbitration award, you and Plyvie waive all rights to a jury trial and elect instead to have the dispute be resolved by a judge.

(e) Class Action Waiver. WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND PLYVIE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR CONSOLIDATED ACTION. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Plyvie is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in the section below.

(f) Opt-out. YOU MAY OPT-OUT OF THIS ARBITRATION AGREEMENT. If you do so, neither you nor Plyvie can force the other to arbitrate. To opt-out, you must notify Plyvie in writing no later than 30 days after first becoming subject to this arbitration agreement. Your notice must include your name and address, and the email address you used to set up your Plyvie account (if you have one), and an unequivocal statement that you want to opt-out of this arbitration agreement. You must send your opt-out notice to one of the following physical or email addresses: Plyvie GbR, Alex-Wedding-Str., 5, 10178, Berlin, Germany, ATTN: Arbitration Opt-out; info@plyvie.com

(g) Small Claims Court. Notwithstanding the foregoing, either you or Plyvie may bring an individual action in small claims court.

(h) Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with Plyvie.

To the extent the parties are permitted under these Terms to initiate litigation in a court, both you and Plyvie agree that all claims and disputes arising out of or relating to the Terms or the use of the Products will be litigated exclusively in the court of Germany. You and Plyvie consent to the personal jurisdiction in the court.

General Terms

Entire Agreement. This Agreement is the whole legal agreement between you and Plyvie. It governs your use of the Service and completely replaces any prior agreements between you and Plyvie with respect to the Service. You may also be subject to additional terms and conditions that may apply when you use or purchase other products or services from Plyvie.

Severability of Terms; Non-waiver of Terms; Assignment. If any portion of the Agreement is held to be invalid or unenforceable, such provision shall be stricken and the remainder of the Agreement enforced as written. If Plyvie does not exercise or enforce any legal right or remedy including those contained in the Agreement or arising under applicable law, this will not be taken to be a formal waiver of our rights. Plyvie may assign or delegate some or all of its rights and obligations under this Agreement.

Contact

Plyvie GbR Safonov & Kharchenko

Alex-Wedding-Str. 5

10178 Berlin

Germany

info@plyvie.com