This agreement is between Plenum, of Memphis, Tennessee (“Plenum,” “we,” “us”), and the business that requests a Plenum account (“Customer,” “you”). By checking the box and typing your name on the sign-up form, you accept this agreement on behalf of your business and confirm that you have the authority to do so.
Plenum is being organized as Plenum LLC, a Tennessee limited liability company. Once it is formed, Plenum LLC is the party to this agreement, with all of its rights and obligations, including for accounts opened before that date. We will let you know when that happens.
1. The Service
Plenum is web-based software that helps contractors manage customers, estimates, jobs, schedules, invoices, payment records, leads, messages and reports (the “Service”). We may improve, change or remove features over time. We will give you notice before removing a feature in a way that materially reduces the Service.
2. Account requests, activation and free trial
- Submitting the sign-up form is a request, not a guarantee of service. We review every request and contact you before activating it. We may decline any request.
- Your account stays inactive until we activate it. When we activate it, you get a free trial of 15 days. No payment is required during the trial.
- When the trial ends, access to the Service is paused until you subscribe. We keep your data for at least 30 days after the trial ends so you can subscribe or ask for a copy.
3. Fees and payment
- After the trial, the Service is billed at the subscription fee we quote you in writing (email or text counts) before you subscribe. Fees are billed monthly in advance unless we agree otherwise in writing.
- Some features have usage costs, such as text messaging, phone numbers and carrier registration fees. We will tell you these costs before you turn those features on.
- If a payment is more than 10 days late, we may pause your account until it is paid.
- Fees are non-refundable, except where the law requires otherwise or where we agree otherwise in writing. You are responsible for taxes on the fees, other than taxes on our income.
- We may change fees with at least 30 days’ notice. A new fee applies starting with your next billing period after the notice.
4. Your account and your users
You are responsible for everyone you add to your account and for what they do in it. Each person should sign in with their own email, and sign-in codes must be kept private. Tell us right away if you believe someone has accessed your account without permission.
5. Your data
- You own the information you and your team put into Plenum, including your customer list, jobs, prices, photos and records (“Your Data”).
- You allow us to host, copy, process and display Your Data only as needed to run, secure, support and improve the Service for you. We do not sell Your Data or your customers’ information, and we do not use your customer list to market to your customers.
- You are responsible for having the right to put Your Data into Plenum, including your customers’ contact information and photos taken at their properties.
- You can ask for an export of Your Data at any time while your account is open and for 30 days after it closes. After that we may delete it, except for records we must keep by law.
- Our Privacy Policy explains how we handle personal information, including your customers’ phone numbers and text-message consent.
- We use reasonable administrative, technical and physical safeguards to protect Your Data. No system is perfectly secure. If we learn of a security breach that affects Your Data, we will notify you without unreasonable delay.
6. Messages to your customers (texts and emails)
- Plenum can send emails and text messages to your customers for you, such as appointment reminders, “on my way” notices, estimates, invoices and receipts. You are the sender of those messages and you are responsible for them.
- You agree to follow every law and rule that applies to your messages, including the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, Tennessee law, phone-carrier and CTIA messaging guidelines, and 10DLC (A2P) registration requirements. You will only text people who have given you permission to text them, and you will honor opt-out requests (such as STOP) right away.
- Before a customer gets texts from your account, you must record in Plenum that they agreed, and how (web form, phone or in person). Plenum does not send texts to customers without that record, and it turns the permission off when a customer replies STOP. If your website has a form that collects phone numbers, it must include a text-message consent statement that links to your terms or to plenumcrm.com/sms.
- Texts from your account identify your business by name. The first text to each person includes how to opt out; Plenum adds “Reply STOP to opt out.” automatically. You will not use Plenum to send marketing texts unless we both agree in writing and the law and carrier rules allow it.
- The rules for the people who receive texts, including how to stop them and get help, are in our SMS Terms.
- To send texts, your business must be registered with the phone carriers. You agree to give us accurate information for that registration, such as your legal business name, EIN, address and website, and to keep it up to date.
- A phone number we provide is assigned to your account for your use while your account is active. It stays under our messaging provider’s account. If your account closes, the number may be released.
- We may pause messaging if a carrier flags your messages, or if we reasonably believe your messages break the law or this agreement.
7. Acceptable use
You will not: use the Service for anything illegal or deceptive; send spam or unwanted messages; upload malware; try to break into, overload or test the security of the Service; copy, resell, rent or reverse engineer the Service; try to access another company’s data; or use the Service to build a competing product.
8. Your business decisions
Plenum can suggest prices, margins, deposits and other numbers based on the costs you enter. Those are tools, not advice. You decide your own prices, taxes, warranties and business practices, and you are responsible for your estimates, invoices, contracts with your customers, and compliance with licensing, tax and consumer-protection laws. Plenum records the payments you receive; unless you connect a payment processor, Plenum does not handle money.
9. Availability and support
We work to keep the Service available and backed up, but it may be interrupted for maintenance, updates or problems outside our control. We provide support by phone, text or email during normal business hours, Central time.
10. Confidentiality
Each of us will keep the other’s non-public business information confidential and use it only for this agreement, except where disclosure is required by law.
11. Our intellectual property
The Service, its software, design and content (other than Your Data) belong to us or our licensors. This agreement gives you the right to use the Service while your account is active; it does not transfer ownership. If you send us suggestions, we may use them without any obligation to you.
12. Disclaimer
Except as expressly stated in this agreement, the Service is provided “as is” and “as available.” To the extent the law allows, we disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement. We do not promise that the Service will be error-free or uninterrupted.
13. Limitation of liability
To the extent the law allows: (a) neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data, even if told they were possible; and (b) each party’s total liability under this agreement is limited to the fees you paid us in the 3 months before the event that gave rise to the claim. These limits do not apply to your payment obligations, your obligations under sections 6 and 7, or your indemnity under section 14.
14. Indemnity
You will defend us and hold us harmless from third-party claims arising from Your Data, messages sent from your account, your work for your customers, or your breach of this agreement or the law.
15. Term, cancellation and suspension
- This agreement starts when you submit the sign-up form and continues month to month.
- You can cancel at any time by telling us in writing. Cancellation takes effect at the end of the current paid period. There are no refunds for partial months.
- We can cancel for any reason with 30 days’ notice, and we will refund any prepaid fees for the unused period. We can suspend or cancel right away if you break sections 6 or 7, do not pay, or use the Service in a way that puts the Service or other customers at risk.
- Sections 3 (for unpaid amounts), 5, 8 and 10 through 17 continue after this agreement ends.
16. Changes to this agreement
We may update this agreement. We will post the new version with its date at plenumcrm.com/terms and notify you by email or in the app at least 30 days before a material change takes effect. If you keep using the Service after that date, the new version applies. If you do not agree, you can cancel before it takes effect.
17. General
- Governing law. Tennessee law governs this agreement, without regard to conflict-of-law rules. Any dispute will be handled in the state or federal courts located in Shelby County, Tennessee, and both parties consent to their jurisdiction. Before filing a claim, each party will first try in good faith to resolve the dispute informally for 30 days.
- Electronic signature. Checking the box and typing your name is your electronic signature and has the same effect as a handwritten signature under the federal E-SIGN Act and the Tennessee Uniform Electronic Transactions Act. We keep a record of the version you accepted, the name you typed, and the date and time.
- Notices. We send notices to the email address on your account. You can send notices to us at info@memphishvacplus.com.
- Language. We may offer this agreement in Spanish for your convenience. If the English and Spanish versions differ, the English version controls.
- Entire agreement. This agreement, together with any written price quote, is the entire agreement about the Service. If any part is found unenforceable, the rest still applies. You may not transfer this agreement without our written consent; we may transfer it as part of a sale or reorganization of our business. Neither party is liable for delays caused by events beyond its reasonable control. Not enforcing a term is not a waiver of it.
Plenum · Memphis, Tennessee · info@memphishvacplus.com