Terms of use

A. Introduction

This Terms of Service (“TOS”) is a contract between you and PlutusM Inc (“PlutusM”, “Company”, “we”, “us”, “our”) and applies to your use of Company’s services, including the VirtCC app (the “App”), VirtCC website (the “Website”) or other services (collectively, the “Services”). By using the Services, you agree that you have read, agree with and accept all of the terms and conditions in this TOS as well as our Privacy Policy (“Privacy Policy”), incorporated in this TOS by this reference. This TOS does not modify your Cardholder Agreement which governs your use of your prepaid card (“Card”). We may update these policies from time to time and it is your responsibility to check for updates. Notwithstanding that notice of modification is not required, you agree that posting of such modified information on the Website or in the App constitutes notice to you of such modification. Any modification will be effective immediately upon posting and your continued use of the Services will mean that you accept and agree to the TOS, as modified.

B. Eligibility

You must be a resident of the United States and the age of majority in your state of residence, or older, to use the Services. You represent and warrant that you are of legal age to form a binding contract and that you have the authority to enter into, and the capacity to be bound by, these TOS.

C. Protecting Your Account Information

You agree and understand that you are responsible for maintaining the confidentiality of the password and/or PIN that allow you to access the Services.

D. Feedback

You agree that Company may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials (the “Content”). You grant Company a perpetual, worldwide, fully transferable, sub licensable, irrevocable, fully paid-up, royalty free license to use the feedback you provide to Company in any way. Company will not sell, publish or share your feedback in a way that could identify you without your explicit permission. You represent and warrant that none of the Content infringes any intellectual property or publicity rights.

E. Termination

We reserve the right, at our sole discretion, to restrict, suspend, or terminate this TOS and your access to all or any part of the App, Website or Services, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the App, Website or Services at any time without prior notice or liability.

Upon termination of this TOS for any reason, we have the right to prohibit your access to the App, Website or Services, including without limitation by deactivating your username and password, and to refuse future access to the App, Website or Services.

F. IntellectualProperty

All related logos, products and services described in our Website, App, and Services are either trademarks or registered trademarks of PlutusM Inc. You may not copy, imitate or use them without Company’s prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Company. You may not copy, imitate, or use them without our prior written consent.

G. Appropriate Use

You agree not to use the App or Website for any purpose that is unlawful or prohibited by the TOS. You may not use the App or Website in any manner that could damage, disable, overburden, or impair the App or Website or interfere with any other party’s use of the App, Website, or Services, including, without limitation:

• use of an anonymizing proxy;
• taking any action that imposes an unreasonable or disproportionately large load on our infrastructure;
• taking any action that may cause us to lose any of the services from our internet service providers, payment processors, or other suppliers;
• facilitating any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, or otherwise interfere with the proper working of the Services;
• use of any robot, spider, other automatic device, or manual process to monitor or copy our Website without our prior written permission;
• use of any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere, with our Application, Website or the Services;
• making any attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services.

You are prohibited from using any Services or facilities provided in connection with the App or Website to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited.

If you become involved in any violation of system security, Company reserves the right to release your details to system administrators at other websites in order to assist them in resolving security incidents. We reserve the right to investigate suspected violations of these TOS. We further reserve the right to terminate your access to our Website or to any or all of the Services at any time without notice for any reason whatsoever, including any suspected violation of these TOS.

H. Your Liability

You are responsible for all reversals, chargebacks, claims, fees, fines, penalties and other liability incurred by Company or a third party caused by or arising out of your breach of this TOS, and/or your use of the Services. You agree to reimburse Company, a user, or a third party for any and all such liability.

I. Jurisdiction and Your Waivers

This TOS shall be governed in all respects by the laws of the State of California, without regard to conflict of law provisions, except to the extent that federal law applies.

TO THE EXTENT ALLOWED BY LAW, YOU AGREE TO IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY OR OTHER COURT TRIAL (OTHER THAN SMALL CLAIMS COURT) OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES.

J. Disclaimers J.1. Disclaimer of Warranty

THE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED IN THE APP OR ON THE WEBSITE. COMPANY DOES NOT GUARANTEE OR WARRANT THE ACCURACY OF INFORMATION CONTAINED IN THE APP OR ON THE WEBSITE OR THAT ACCESS TO THE APP OR WEBSITE OR USE OF THE SERVICES WILL BE UNINTERRUPTED. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

J.2. Disclaimer Regarding Service Interruptions and Use of Mobile Devices

Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Services or other actions that Company or our partners, in their sole discretion, may elect to take.

Use of the Services may be available through a compatible mobile device, Internet and/ or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.

COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (a) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE
SERVICES AT ANY TIME OR FROM ANY LOCATION; (b) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (c) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.

J.3. Disclaimer of Timeliness and Accuracy of Data

Company cannot always foresee or anticipate technical or other difficulties that may result in failure to obtain data or loss of data, personalization settings or other service interruptions. Company cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings.

J.4. Disclaimer of Liabilities

UNDER NO CIRCUMSTANCES SHALL COMPANY OR ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER THAT MAY RESULT FROM THE USE OF OR THE INABILITY TO USE THE APP, WEBSITE OR SERVICES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DETERIORATION OR CORRUPTION OF FILES, DELETION OR CORRUPTION OF EMAIL, ERRORS, LOSS OF DATA, LOSS OF PROFITS, DEFECTS, VIRUSES, AND/OR DELAYS. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE APP, WEBSITE OR SERVICES. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES; COMPANY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

To the fullest extent permitted by law, Company will not accept or have any liability in the event of unauthorized use of your account, the conduct of fraudulent or illegal activities via your account, any inability to transact or problems related to poor Internet access, mobile device or computer failure or other communication issues, or any issues related to the timely execution of a transfer, load, unload or similar transaction.

Except as otherwise provided in this TOS, and to the extent permissible under applicable law, Company’s cumulative liability to you for any claims or damages arising out of your use of the App, Website or Services shall not exceed the greater of the fee you paid to the Company for the Services or $1.00 USD.

K. Indemnification

You agree to defend, indemnify, and hold harmless Company and its employees, agents, directors, officers and shareholders, from and against all third party liabilities, claims, damages, and expenses (including without limitation reasonable attorneys’ fees and costs) arising out of your use of the App, Website or Services, your breach of any of these TOS, or your infringement of the intellectual property rights of third parties.

L. Governance and Sever ability

These TOS shall be given effect to the fullest extent permissible by law. In case any one or more of the provisions contained in these TOS shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions hereof, and these TOS shall be construed to give maximum legal effect to the intent expressed herein.

These TOS are governed by, and construed in accordance with, the laws of the State of California, without giving effect to any principles of conflicts of law. You hereby consent to the exclusive jurisdiction and venue of the courts of the State of California or, if appropriate, the United States District Court for the Central District of California for the resolution of all disputes arising out of or relating to the use of the App, Website or the Services. These TOS constitutes the entire agreement between you and Company with respect to the subject matter hereof, and supersedes all prior or contemporaneous communications, proposals, and agreements, whether electronic, oral, or written, between you and Company with respect to the subject matter herein.

Company’s performance hereunder is subject to existing laws and legal process. Nothing contained in these TOS is in derogation of Company’s right to comply with governmental, court and law enforcement requests relating to your use of the Website, or information collected by Company in connection with such use. Company reserves all legal rights and remedies available to it and this disclaimer shall in no way be deemed a limitation or waiver of any other rights Company may have. All rights not expressly granted herein are reserved exclusively and entirely to Company.

M. Survival

In the event of termination of this TOS or the Services, the terms in this TOS that by their nature are continuing shall survive such termination, including but not limited to the disclaimers and limitations of liabilities.

N. Force Majeure

Company shall not be liable for any delay or failure in the performance or in delivery or shipment of materials, or for any damages suffered by you by reason of such delay or failures, directly or indirectly caused by or in any manner arising from or connected with acts of God, acts of public enemies, riots, strikes, acts of governmental agencies, labor difficulties, failure of our power, telecommunications or other suppliers, delays in securing or shortages of raw materials, breakdown or destruction of any system or equipment, or any other cause or causes beyond our control, whether or not similar to those enumerated herein.

O. Miscellaneous

This TOS and other documents (including but not limited to the Privacy Policy) referenced in or linked to this TOS, which are hereby incorporated herein and made a part of this TOS by this reference, contain yours and our entire agreement regarding your use of the Services. If any provision of this TOS is deemed to be illegal or unenforceable, such provision shall be enforced to the extent possible, and any remaining illegality or unenforceability will not affect the validity or enforceability of any other provisions of this TOS, which together will be construed as if such illegal or unenforceable provision had not been included in this TOS. Any legal action arising out of your use of the Services must be brought within one year after the cause of action has arisen. The section headings in this TOS are for convenience of reference only and are not to be considered as parts, provisions or interpretations of this TOS. You may not transfer or assign any rights or obligations you have under this TOS without Company’s prior written consent. Company reserves the right to transfer or assign this TOS or any right or obligation under this TOS at any time. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent or similar breaches.