Terms of Service

1. INTRODUCTION

Plume Foundation, a Cayman Island company ("Plume", "we", "us", or "our") provides this website-hosted user interface (the "Interface") that may be used for accessing Plume Network, a modular Layer 2 blockchain optimized for real world assets (the "Protocol"), including our website located at www.plume.org as well as any other media form, media channel, or mobile website related, linked, or otherwise connected thereto, and any other website operated on which these Terms of Service (as amended from time to time, these "Terms") are posted (collectively, the "Site") and through our related technologies (collectively, the Interface and the Site, including all existing and any updated or new features, functionality, and technology, our "Services").

Please read these terms carefully and keep a copy for your reference. Note, there may be specific terms or conditions applicable to you as a user in a given jurisdiction, as detailed below. For more information about how we collect, use, share, and otherwise process information about you, please refer to our Privacy Policy. By using our Services, you consent to our collection, use, and disclosure of Personal Data and other data as outlined therein.

2. AGREEMENT

These Terms are a binding contract between you, an individual user, whether personally or on behalf of an entity ("you" or "your") and us. All access and use of our Services is subject to these Terms.

The Protocol is not part of our Services. We maintain and operate the Site as a portal for news, information, and updates about the Protocol. For the avoidance of doubt, the Protocol is open-source and maintained and processed by Protocol validators around the world with certain open-source software and a set of smart contracts that, once deployed to the Protocol, are not controlled by us (even if we contributed to its initial development). Consequently, we do not control (a) the activity of third parties or any user transacting on the Protocol; (b) the activity and data on the Protocol; (c) the validation of transactions on the Protocol; or (d) the use of the Protocol. Further, we do not take possession, custody, or control over any virtual currency, digital asset, or any other similar form on the Protocol, unless expressly stated in a written contract. You acknowledge and agree that we make no representations or warranties with respect to Plume, and that, if you use the Protocol, you do so at your own risk.

We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time. These Terms were last revised as indicated at the top of this page. You may read a current, effective copy of these Terms by visiting the "Terms of Service" link on the Site. Further, you waive any right to receive specific notice of each such change and it is solely your responsibility to periodically review these Terms to stay informed of updates. You will be subject to and will be deemed to have been aware of and to have accepted, the changes in any revised Terms by your continued use of our Services after the date such revised Terms are posted. Your continued use of our Services after the date any such changes become effective constitutes your acceptance of the changes. If you do not agree to abide by these (or any future) Terms, you will not access, browse, or use (or continue to access, browse, or use) our Services.

3. WHO MAY (OR MAY NOT) USE OUR SERVICES

You may use our Services only if you are 18 years or older and capable of forming a binding contract with Plume, and not otherwise barred from using our Services under any applicable law or these Terms. If you are using our Services on behalf of another person, entity. or other organization, (a) you are agreeing to these Terms on behalf of that person, entity, or organization; (b) representing to Plume that you have the authority to bind that entity or organization to these Terms; (c) all references to "you" or "your" throughout these Terms will include that person, entity, or organization; and (d) in the event you or the person, entity, or organization violates these Terms, the person, entity, or organization agrees to be responsible to us.

Plume may undertake reasonable efforts to prohibit access to any and all Plume Services for Restricted Persons and applicable Services for Limited Restriction Persons. These reasonable efforts include, but are not limited to prevention of IP addresses associated with Restricted Persons or Limited Restriction Persons to access applicable Services.

8. CALIFORNIA USERS AND RESIDENTS

If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or releasing party." If you are a resident of another jurisdiction, you hereby waive any comparable statute or doctrine. If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 9583.

9. ENTIRE AGREEMENT AND SEVERABILITY

These Terms (together with the terms incorporated by reference herein) constitute the entire agreement between you and Plume governing your access and use of our Services and supersedes any and all prior discussions, agreements, and understandings of any kind (including without limitation any prior versions of these Terms), between you and Plume. You also may be subject to additional terms and conditions that may apply when you use Third-Party Services, third-party content, or third-party software.

If any provision of these Terms is determined to be invalid or unenforceable under any rule, law, or regulation of any local, state, or federal government agency, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of these Terms shall not be affected.

10. GOVERNING LAW

These Terms will be governed by the laws of the Cayman Islands without regard to its conflict of law provisions. Additionally, you agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms or the use of our Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Plume's failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

11. DISPUTE RESOLUTION

You and Plume agree that any dispute arising out of or related to these Terms (or our Services) is personal to you and Plume and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action, or any other type of representative proceeding.

You waive your rights to a jury trial and to have any other dispute arising out of or related to these Terms and our Services, including claims related to privacy and data security resolved in court. Further, you hereby waive all rights to participate in any class action lawsuit or class wide arbitration against Plume. Instead, any dispute arising out of or related to these Terms, as well as any issue on its validity and existence, shall be referred to and finally resolved by arbitration administered by the Cayman International Mediation and Arbitration Centre (CI-MAC) in accordance with the CI-MAC Rules for the time being in force. The seat of the arbitration shall be the Cayman Islands. The Tribunal shall consist of one (1) arbitrator, appointed by Plume. The language of the arbitration shall be English.

12. ASSIGNMENT

We reserve the right to assign our rights without restriction, including without limitation to any Plume affiliates or subsidiaries, or to any successor in interest of any business associated with the service. In the event that Plume is acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control. You may not assign any rights and/or licenses granted under these terms. Any attempted transfer or assignment by you in violation hereof shall be null and void. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

13. FORCE MAJEURE

We will not be liable or in default hereunder by reason of any failure or delay in the performance of its obligations or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, civil disturbances, riot, epidemic, hostilities, war, terrorist attack, embargo, natural disaster, acts of God, flood, fire, sabotage, fluctuations or unavailability of electrical power, network access or equipment, interruption in telecommunications or internet services or network provider services, pandemic, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.

14. MISCELLANEOUS

The section titles in these Terms are for convenience only and have no legal or contractual effect.

As used in these Terms, the words "include" and "including," and variations thereof, will not be deemed to be terms of limitation, but rather will be deemed to be followed by the words "without limitation."

Notices to you may be made via either email or regular mail. Our Services may also provide notice to you of changes to these Terms or other matters by displaying notices or links to notices on our Services.

These Terms shall be exclusively interpreted in accordance with the English language and the meaning of its terms. Should a translation of these Terms deviate from the English language version, only the English language version shall apply and be binding.

Not all Services discussed or references on this Site or these Terms are available to all persons or in all geographic locations or jurisdictions. In addition, not all persons may be able to participate in promotions made available through our Services. We reserve the right to limit the availability of our Services to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion.

15. DMCA

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on our Site infringe your copyright, you (or your agent) may send us a notice requesting that we remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. We suggest that you consult your legal advisor before filing a notice or counter-notice. Please be aware that there are penalties for false claims under the DMCA.

Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to:

16. CONTACT US

Please contact us at kristinaplum@proton.me to report any violations of these Terms or to pose any questions regarding these Terms or our Services.