Terms of Service and Licensing Agreement
By creating an account or otherwise interacting with this website and content, you (“You” or “User”) agree to be bound by all the terms and conditions contained in this legal contract (“Agreement”) between yourself and Plectica LLC (“Company”).
The Company is the creator and owner of the free and paid products, services, web pages, content, and patent pending software (all together known as the “Products”) found at https://kingfisher.link/.
1 - Usability
1.1 Plectica constantly strives to improve its Products and reserves the right to update, enhance, or introduce new functionality. These changes may result in a change in the experience of users.
1.2 Interaction with any Products, whether free or paid Products, shall be predicated on an explicit agreement by the User to accept changes to the Products going forward, according to the company’s judgment and timetable.
3 - Plans and Billing
3.1 Products made available for free are currently available to any user who creates a free account. Paid plans and products are available to anyone who elects to pay for enhanced functionality on a one time, monthly, or annual basis. Plans and pricing are in U.S. dollars, are listed on the website along with the plan details, and are subject to change without notice.
3.2 Plectica uses a third party service - Stripe - to process all our payments. Plectica does not ever possess or save any of the credit card or banking information provided to us by our customers: this information is passed directly and securely to the processor.
4 - Interacting with our Websites
4.1 You agree not to interact with or direct any interaction with our Products through any automated means, including bots, spiders, or crawlers, except as specified by the corresponding robots.txt file, if one exists.
4.2 You agree that you will not disrupt or attempt to disrupt the Company’s ability to conduct business or serve any of its free or paid users, or its employees.
4.3 You understand that the Company may transmit data you provide over public or publicly accessible networks, to our payment processors, storage providers, and other vendors. You understand that these transmissions will take place according to the strongest available encryption standards accepted by each vendor but that the Company does not make any guarantees or warranty about meeting any particular standard beyond those specified and supported by the vendors.
5 - Publicity
5.1 Plectica reserves the right to identify your organization by name and logo if you are or have been a user or paying customer. You may contact the Company at any time and request the Company not do so.
6 - Security
6.1 You agree to keep your account information and password confidential at all times, and to notify the Company if you believe your account may have been accessed by someone other than yourself.
6.2 You are solely responsible for all activity which occurs in your account.
6.3 Plectica uses Amazon Web Services to host (1) data provided to us by our users directly, and (2) data created by some of the users’ interactions with our graphical user interface. More information on applicable data security standards and protocols can be found here: https://aws.amazon.com/security/ .
7 - Intellectual Property
7.1 Plectica forbids any user from using our Products in a manner which violates intellectual property laws and/or rights. The Company reserves the right to remove any infringing content without warning. Furthermore, the Company reserves the right to close any user’s account in order to investigate claims of infringement, or because an internal investigation was conclusive that infringement took place.
7.2 Anyone who believes a user of our Products has violated their intellectual property should notify the Company, consistent with the forms and procedures set forth in the Digital Millennium Copyright Act (DMCA).
8 - Warranty
8.1 Plectica represents and warrants that it has the requisite rights and legal authorities to grant this license and to provide the Products as specified by this Agreement. Company makes no other warranty, expressed or implied, with respect to the product or any other information.
9 - Venue
9.1 Any dispute between the parties arising from, out of, or in connection with this Agreement (including its existence, validity or termination) shall be referred to and finally resolved by arbitration under the American Arbitration Association’s Commercial Rules Expedited Procedures, which Procedures are deemed incorporated by reference into this Section. The number of arbitrators to hear and decide the arbitration shall be three, one to be chosen by each Party, and the third to be mutually agreed upon by the first two arbitrators.
9.2 The place of arbitration shall be New York, New York. The arbitrator may, as part of its award, award all or part of the prevailing Party’s fees in the arbitration, including but not limited to reasonable attorneys’ fees and expenses.
9.3 Further, in the event that any Party brings an action in any court of law which is dismissed as a result of being in violation of this provision, such Party shall be required to pay all costs of the other Party relating to defending such action, including but not limited to court costs and reasonable attorneys’ fees and expenses.
10 - Termination and Survivability
10.1 This Agreement will continue to apply until you close your account, notify the Company in writing, and have received a confirmation from the Company that notice was received and processed.
10.2 For purposes of written notice, you may email us or use the Company’s physical mailing address, which is P. O. Box 42597, Washington D.C. 20015. Plectica may provide you with notices by email, regular mail, or by posting information on the website itself.
10.3 Plectica may terminate this Agreement with you at any time and with immediate effect for free accounts, and with 3 days’ notice for paid accounts. A partial and pro-rated refund will be issued for any paid subscription time beyond the termination date.
10.4 You may not assign, grant a security interest in, or in any way transfer your rights in this Agreement without the prior written consent of the Company. This Agreement shall be binding upon and inure to the benefit of the parties and their respective administrators, successors and assigns.
10.5 This Agreement terminates and supersedes all prior understandings or agreements on matters addressed herein.
11 - Limitation of Liability
11.1 All warranties, whether express or implied, are hereby disclaimed, including, without limitation, the warranties of merchantability and fitness for a particular purpose. You agree that the Products are offered “as-is” and “as-available” and that you are using them at your own risk.
11.2 You agree that Plectica shall not be liable for damages of any kind, regardless of any notice or warnings. If applicable law does not permit the exclusion of damages through this mutually agreed-upon contract, then Plectica’s liability will be limited to the maximum extent specified by applicable law.
12 - Changes to this Document
12.1 Plectica reserves the right to make changes to this Agreement at any time. The most recent version will always be posted on the site.
12.2 You understand and agree that by using the Company’s Products you are agreeing to the terms and conditions which are in effect at the time of use, even if these are different from those which were in place at the time of your purchase.
13 - Effective Date
13.1 This document was last modified on 20 October 2017.