Terms of Service

You must be at least 18 years old to use the Service. If you use the Service on behalf of a business, you represent that you are authorized to bind that business to these Terms, and “you” includes that business. The Service is offered in and intended for the United States.

We use these terms throughout:

• Client — a business that creates an account to run referral campaigns and view analytics.
• Consumer — a customer of a Client who claims, shares, or redeems a PlugPass.
• PlugPass — the digital pass a Consumer claims and can share with others.

You agree to provide accurate, current information and to keep it up to date. You are responsible for safeguarding your login credentials and for all activity under your account, including activity by your staff or “front desk” users you authorize. Notify us promptly of any unauthorized use. We may refuse, suspend, or terminate accounts at our discretion, including for violations of these Terms.

PlugVine helps local businesses track word-of-mouth referrals, issue and redeem passes, and view analytics and reputation signals (such as “PlugScore”). Redemptions and the transaction amounts associated with them are recorded by the Client from within its own account.

Important limits on what the Service is:

• It is not a payment processor. PlugVine does not process, hold, or transfer payments between a Client and its customers. Any offer, discount, credit, or reward is provided and honored solely by the Client, not by PlugVine.
• It is not a guarantee of results. Analytics, revenue figures, ROI, and projections are estimates based on the data available and the amounts Clients enter. They are for informational purposes and are not promises of revenue, growth, or any business outcome.
• PlugScore is not money. Scores, passes, and rewards have no cash value, are not transferable for cash, and are not financial instruments.

Paid plans are billed in advance on a recurring basis (for example, monthly) through our payment processor, Stripe. By subscribing, you authorize us and Stripe to charge your payment method for the applicable fees and any taxes until you cancel.

• Auto-renewal. Subscriptions renew automatically at the end of each billing period at the then-current rate for your plan, unless you cancel before the renewal date.
• Price changes. We may change plan prices; we will give notice before a change affects you, and changes take effect at your next renewal. If you don’t agree, you may cancel.
• Founding rate. Where we offer a “Founding” or locked rate, that rate remains fixed for your account for as long as your subscription stays active and in good standing, per the terms of that offer. Lapsing or cancelling may forfeit the locked rate.
• Taxes. Fees are exclusive of taxes; you are responsible for any sales or similar taxes, which may be added at checkout.
• Failed payments. If a charge fails, we may retry and may suspend or downgrade the Service until payment is resolved.

You may cancel at any time from your account or by contacting us. Cancellation stops future renewals; your access continues through the end of the current paid period. Except where required by law, fees already paid are non-refundable, and we do not provide prorated refunds for partial periods.

Clients handle information about their own customers, and you are responsible for doing so lawfully. In particular, you agree that:

• You will obtain any consent required to collect and use your customers’ information and to contact them, and you will comply with all applicable laws (including telemarketing, texting, and privacy laws such as the TCPA and the Texas Data Privacy and Security Act).
• You will use Consumer information only for legitimate purposes related to your own customer relationships, and not sell it or misuse it.
• You will record redemptions and transaction amounts honestly, and not create fake customers, referrals, redemptions, or reviews.
• The offers, discounts, and rewards you configure are your obligation to honor, and you are responsible for their legality and for any disputes with your customers about them.

If you are a Consumer, claiming or sharing a PlugPass is free. Any offer attached to a pass is set and honored by the business, not by PlugVine, and may be changed or ended by that business. Passes, rewards, and PlugScore have no cash value. Verification codes are sent to confirm your phone number; how we handle your information is described in our Privacy Policy. Any referral message you send is sent from your own device and is your choice.

You agree not to:

• Use the Service for anything unlawful, fraudulent, deceptive, or harmful.
• Manipulate or game referrals, redemptions, transaction amounts, or PlugScore.
• Upload malware, attempt to breach security, or probe, scan, or test the vulnerability of the Service without authorization.
• Scrape, harvest, reverse-engineer, decompile, or copy the Service or its data, except as allowed by law.
• Resell, sublicense, or provide the Service to third parties except as expressly permitted.
• Infringe others’ intellectual-property or privacy rights, or send spam or unlawful messages.

PlugVine and its software, design, and content are owned by us and protected by law. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service during your subscription, subject to these Terms.

You retain ownership of the content and data you submit (“Client Content”). You grant us a worldwide, non-exclusive license to host, process, and use Client Content as needed to provide and improve the Service. We may also create and use de-identified and aggregated data derived from use of the Service (which cannot reasonably identify any person or business) for analytics, benchmarking, and to operate and improve the network, including its density and reputation features.

If you send us feedback or suggestions, you grant us an unrestricted, royalty-free right to use them without obligation to you.

The Service relies on third parties such as Stripe (payments) and Google/Firebase (hosting, sign-in, and verification). Your use of those features may be subject to the third party’s own terms, and we are not responsible for third-party services. Links to third-party sites are provided for convenience and are not endorsements.

Please read this section carefully.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY ANALYTICS, ESTIMATES, OR PROJECTIONS WILL BE ACCURATE OR PRODUCE ANY PARTICULAR BUSINESS RESULT. YOU USE THE SERVICE AT YOUR OWN RISK.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PLUGVINE AND ITS OPERATOR WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY.

OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

You agree to indemnify and hold harmless PlugVine and its operator from any claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Service, your Client Content, the offers you make, your handling of Consumer information, or your violation of these Terms or of any law or third-party right.

These Terms apply while you use the Service. We may suspend or terminate your access at any time for violation of these Terms, non-payment, suspected fraud or abuse, or to comply with law. You may stop using the Service at any time. On termination, your right to use the Service ends; sections that by their nature should survive (including intellectual property, disclaimers, limitation of liability, indemnification, and governing law) will survive. We may delete or de-identify your data after termination consistent with our Privacy Policy.

We may modify or discontinue features of the Service at any time. We may also update these Terms; when we make material changes, we will update the “Last updated” date and provide reasonable notice. Your continued use of the Service after changes take effect means you accept the updated Terms.

These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules. The exclusive venue for any dispute not subject to arbitration will be the state or federal courts located in Collin County, Texas, and you consent to their jurisdiction.

Informal resolution. Before filing any claim, you agree to contact us and attempt to resolve the dispute informally for at least 30 days.

Binding arbitration; class-action waiver. Except for small-claims matters and requests for injunctive relief, any dispute that cannot be resolved informally will be settled by binding arbitration on an individual basis under the rules of a recognized arbitration provider, seated in Texas. You and PlugVine waive any right to a jury trial and to participate in a class or representative action. If this arbitration provision is found unenforceable, the dispute will proceed in the Collin County courts named above.

These Terms and the Privacy Policy are the entire agreement between you and PlugVine regarding the Service. If any provision is held unenforceable, the rest remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a transfer of the business. We are not liable for delays or failures caused by events beyond our reasonable control. Notices to you may be sent to the contact associated with your account.

Questions about these Terms? Contact us at support@plugvine.com.

PlugVine is operated by Henry Ashu, a sole proprietor, located at 2229 Preston Lane, McKinney, TX 75071.