Terms of service
Effective date: September 27, 2022 Last updated: September 1, 2024
Welcome to Ploom Inc. (referred to as "Ploom," "we," or "us"). By accessing or using our website, services, and applications (collectively referred to as the "Services"), you agree to abide by the following Terms of Service (the "Terms"). These Terms govern your use of our Services, including, but not limited to, the purchase of any products available through our website(s), your interactions with the Services, and any information you submit to us. These Terms are a binding agreement between you and Ploom Inc.
Please read these Terms carefully. If you do not agree to these Terms, you are not authorized to use our Services.
Contact Information
If you have any questions, concerns, or need clarification regarding these Terms or the Services, please reach out to us:
Email: supp@takeploom.com
Address: 181 N Mecca Street Cortland, OH 44410
1. Agreement to Terms
By using the Services in any manner, including purchasing products or registering for an account, you agree to these Terms. Your use of the Services is also subject to our Privacy Policy, and the Terms and Conditions of Sale for any products you purchase. These Terms apply to all users of the Services, whether registered or not.
Your acceptance of these Terms may be subject to additional policies or terms, which may change periodically, and which are incorporated by reference into this agreement. Please review these Terms regularly, as we may update them. If you continue to use the Services after any modifications, you are deemed to accept the updated Terms.
2. Changes to the Terms
We may update these Terms from time to time as we evolve our Services. If we make significant changes, we will notify you through a notice on our website or other means. If you disagree with any changes, you may reject the new Terms and discontinue using our Services. Your continued use of the Services after changes take effect indicates your acceptance of the revised Terms.
3. Privacy and Data Protection
At Ploom, we take your privacy seriously. For detailed information on how we collect, use, and protect your personal data, please refer to our Privacy Policy. We comply with applicable privacy laws, including the Children's Online Privacy Protection Act (COPPA), and we do not knowingly collect personal information from individuals under 16 years old. If you believe we have inadvertently collected such information, please contact us immediately at supp@takeploom.com.
4. Using the Services
To access certain features, you may need to create an account, select a username and password, and provide accurate and up-to-date contact information. You are responsible for maintaining the confidentiality of your account information and are fully responsible for any activity that occurs under your account. You may also use third-party accounts (e.g., Google, Facebook, or Apple) to access our Services. By using these third-party services, you consent to Ploom accessing certain data from your third-party account in accordance with your privacy settings.
You agree that you are legally of age to form a binding contract or have obtained parental or guardian consent if underage. You will use the Services and Products only for personal, non-commercial purposes, in compliance with all applicable laws.
5. Medical Disclaimer
The Services provided by Ploom are not intended to provide medical advice, diagnosis, or treatment. We do not practice medicine or healthcare, and any information provided through the Services is for general informational purposes only. For any medical or health concerns, please consult a qualified healthcare professional. In case of a medical or mental health emergency, please call 911 or visit the nearest emergency room.
6. Communications and Messaging
By using our Services, you agree to receive communications from Ploom, which may include emails, text messages, and notifications regarding your account, purchases, promotions, and product updates. You may opt-out of marketing messages at any time. If you provide your mobile number, you consent to receiving SMS messages, including marketing messages, subject to your mobile carrier's rates. You are responsible for any charges incurred from receiving such messages.
7. Restrictions on Use
You agree not to engage in any of the following activities when using our Services:
Infringing upon intellectual property rights, including copyrights and trademarks.
Violating applicable laws, including privacy laws and export control regulations.
Engaging in harmful, fraudulent, defamatory, obscene, or illegal activities.
Compromising the security of your account or the Services.
Attempting to access or interfere with another user’s account or data.
Using automated tools (such as bots) to scrape, crawl, or copy Content from the Services.
Engaging in reverse engineering or decompiling of any software or services offered by Ploom.
8. Intellectual Property Rights
All content and materials available through the Services, including text, images, videos, and software, are protected by copyright, trademark, and other intellectual property laws. You may not use any content from our Services without our express permission, except as permitted for personal, non-commercial use.
9. User Submissions
By submitting any content (e.g., reviews, comments, or feedback) through the Services, you grant Ploom a worldwide, royalty-free, irrevocable, sublicensable, and transferable license to use, display, and distribute such content as part of our Services and marketing efforts. You retain ownership of your submissions, but you agree to provide us the necessary rights to use and modify them. You are solely responsible for your submissions and must ensure they comply with applicable laws.
10. Copyright Infringement
If you believe that any content on our Services infringes your copyright, please notify us with a detailed notice containing the following information:
A signature of the copyright holder or an authorized representative.
Identification of the material that is claimed to be infringing.
Your contact information (address, email, phone number).
A statement that you believe in good faith that the material is infringing.
Ploom will investigate any copyright claims and may remove infringing content in accordance with the Digital Millennium Copyright Act (DMCA).
11. Termination of Access
Ploom reserves the right to suspend or terminate your access to the Services if we believe you have violated these Terms or engaged in any unauthorized use of the Services.
12. Limitation of Liability
To the fullest extent permitted by law, Ploom is not liable for any indirect, incidental, special, or consequential damages arising from your use of the Services or products purchased through the Services. We make no representations or warranties regarding the accuracy, completeness, or reliability of the Services.
13. Dispute Resolution
Any disputes arising from these Terms will be governed by the laws of the state of New York, without regard to its conflict of laws principles. You agree to resolve any disputes through binding arbitration, rather than in court, except for claims that may be filed in small claims court. By agreeing to these Terms, you waive your right to a trial by jury.
14. Miscellaneous
Severability: If any part of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
Entire Agreement: These Terms constitute the entire agreement between you and Ploom regarding your use of the Services and supersede all prior agreements or understandings.
Copyright Infringement Notification and Counter-Notification Process
1. Notification of Copyright Infringement
Upon receipt of a proper Bona Fide Infringement Notification (as defined by the Digital Millennium Copyright Act or DMCA), Ploom Inc. reserves the right to:
a. Remove or disable access to the allegedly infringing material;
b. Notify the content provider accused of infringement that their material has been removed or disabled;
c. Terminate access to Ploom Inc. Services for the content provider if they are a repeat offender.
To be considered a Proper Infringement Notification, the notification must be submitted by an authorized representative who can verify that they are acting on behalf of the copyright owner.
2. Procedure for Submitting a Counter-Notice
If a content provider believes that the material removed (or to which access has been disabled) is not infringing, or that they have the right to use such material under the law, the content provider may submit a Counter-Notice to Ploom Inc.’s Designated Agent. The Counter-Notice must include the following:
a. A physical or electronic signature of the content provider;
b. Identification of the material that was removed or to which access was disabled, including the location of the material before it was removed or disabled;
c. A statement affirming that the content provider has a good faith belief that the material was removed or disabled due to mistake or misidentification;
d. The content provider’s full name, address, telephone number, and, if available, email address. The provider must also state that they consent to the jurisdiction of the Federal Court for the judicial district where their address is located, or for any judicial district where Ploom Inc. is located if the content provider resides outside the United States. Additionally, the content provider must agree to accept service of process from the original party who provided the infringement notification.
If Ploom Inc. receives a valid Counter-Notice, we may, at our discretion, forward a copy of the Counter-Notice to the original complaining party. If no legal action is filed within 10 business days, Ploom Inc. may, at its discretion, reinstate the removed material or restore access to it.
3. Contact Information for Copyright Infringement Notices
Please direct any copyright infringement notices or Counter-Notices to Ploom Inc.’s Designated Agent at:
Ploom Inc. Attn: DMCA Designated Agent supp@takeploom.com
Responsibility for Content and Services Usage
Ploom Inc. is not responsible for, and does not control, any content provided by third-party users or content providers. Users of our Services access all information and content at their own risk, and Ploom Inc. is not liable for any damages resulting from errors or omissions in such content. Additionally, we cannot monitor how users may interpret or use content accessed through the Services.
You are solely responsible for any content you contribute to Ploom Inc.’s Services and represent that you have all necessary rights to do so.
Third-Party Websites and Services
The Services may contain links to third-party websites or services that are not owned or controlled by Ploom Inc.. Ploom Inc. is not responsible for the content, privacy policies, or practices of any third-party website or service. When you use third-party websites or services, you do so at your own risk, and we encourage you to review their terms and privacy policies.
Ploom Inc. disclaims all responsibility for any losses or damages incurred from your interactions with third-party websites, services, or individuals you may encounter through the Services.
Changes to the Services
As part of our ongoing efforts to improve our products and services, Ploom Inc. may update, modify, or discontinue any part of the Services at any time. We may also introduce new features or impose limits on certain features. We reserve the right to remove content from the Services, including material we believe violates these Terms or is objectionable in any way, at our sole discretion.
Payment Terms for Products
When purchasing products through our website, Ploom Inc. reserves the right to limit or cancel orders, and to refuse any order at our discretion. We will attempt to notify you of any changes to your order using the contact information provided at checkout.
Products are priced in U.S. dollars and may be subject to sales tax depending on the shipping location. Sales tax will be calculated and added at the time of purchase as required by law.
Billing
We use a third-party payment processor (currently Stripe, Inc.) to handle all payment transactions. Payments are subject to the terms and privacy policies of the payment processor in addition to these Terms. By purchasing products, you authorize Ploom Inc. to charge the payment method you provide through the third-party payment processor.
For more information on the payment processor’s terms and policies, please visit Stripe’s Terms of Service and Stripe’sPrivacy Policy.
1. Payment Errors
You acknowledge that any errors or mistakes made by the Payment Processor, even after payment has been requested or received, are not the responsibility of Ploom Inc. However, you agree to pay all outstanding amounts due on your account upon request.
2. Payment Method
Your payment terms will be governed by the Payment Method you choose, which may be subject to agreements between you and your financial institution, credit card issuer, or another provider of your chosen Payment Method. If Ploom Inc., through the Payment Processor, does not receive payment from you, you agree to promptly pay all outstanding amounts on your account upon demand.
3. Recurring Billing
Certain Products may be offered as part of a subscription service, which includes an initial one-time charge followed by recurring charges for additional Products as agreed ("Paid Subscription"). By selecting a Paid Subscription, you acknowledge that these services have both initial and recurring payments, and you accept responsibility for all recurring charges until you cancel the service. WE MAY AUTOMATICALLY CHARGE YOU PERIODICALLY (e.g., monthly) WITHOUT FURTHER AUTHORIZATION FROM YOU UNTIL YOU NOTIFY US OF YOUR CANCELLATION OR CHANGE OF PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES ALREADY SUBMITTED. To cancel or update your payment method, please visit your Account Settings.
4. Current Information Required
You must provide accurate, current, and complete information for your billing account. You agree to promptly update this information (such as billing address, credit card number, or expiration date) and notify us or our Payment Processor if your payment method is canceled (e.g., due to loss or theft) or if you suspect any security breaches. You may update this information via your Account Settings. If you fail to provide accurate billing details, you agree that we may continue charging your account for Paid Subscriptions until you update your information or cancel the subscription as described above.
5. Changes in Authorized Amounts
If the amount charged to your account differs from what you initially authorized (excluding state sales tax adjustments), you have the right to receive notice of the new amount and the date of the charge prior to the transaction. Your agreement with your payment provider will govern the use of your chosen Payment Method. We may aggregate charges and submit them in one or more combined payments, including at the end of each billing cycle.
6. Auto-Renewal for Paid Subscriptions
Unless you opt out of auto-renewal (which can be done through your Account Settings), your Paid Subscription will automatically renew for the same duration as the original term at the current non-promotional rate. You may change or cancel your Paid Subscription at any time via Account Settings. If you terminate a Paid Subscription, you may continue to use the service until the end of the current subscription term, but no prorated refund will be issued. If you no longer wish to be charged monthly, you must cancel the subscription through Account Settings before the next renewal.
7. Reaffirmation of Authorization
Your continued use of a Paid Subscription reaffirms that we are authorized to charge your Payment Method. We may submit those charges for payment, and you will be responsible for those charges. This does not waive our right to pursue payment directly from you. Charges may be due in advance, in arrears, per usage, or as otherwise specified when you subscribed to the service.
8. Free Trials and Promotions
Any free trials or promotions offering free access to Paid Subscriptions must be used within the specified period. You must cancel the subscription before the trial period ends to avoid being charged. If you are inadvertently charged after canceling during a free trial, please contact us at supp@takeploom.com.
9. Coupon Codes
Coupon codes have no cash value and cannot be redeemed for cash or combined with other offers, unless explicitly stated. One coupon code may be used per order. Coupon codes generally expire 90 days after issuance, but some may have different expiration periods. The unauthorized reproduction, resale, or alteration of coupon codes is prohibited. Ploom Inc. reserves the right to modify or cancel coupon codes at its discretion.
10. Stopping Use of Services
You can stop using our Services at any time by contacting us at supp@takeploom.com. Please review our Privacy Policy and the licenses outlined above to understand how we handle your information after you cease using our Services.
Ploom Inc. reserves the right to suspend or terminate your access to the Services or your account for any reason, including any violation of these Terms. Account termination may result in the loss of any content associated with your account. We will try to notify you in advance so you can retrieve any important information, but we may not be able to provide prior notice in certain situations.
If you accidentally delete your account, contact us immediately at supp@takeploom.com, and we will assist where possible. However, we cannot guarantee recovery of any data.
Certain provisions, such as indemnity, liability limitations, and dispute resolution terms, will survive the termination of these Terms.
11. Referring New Users
Occasionally, Ploom Inc. may offer rewards or incentives for referring new users to the Services. Referrers can refer individuals who are not already registered users of Ploom Inc. services. Rewards will be given for each new user ("Referee") who completes the required action, such as signing up or making a purchase. Ploom Inc. reserves the right to modify or terminate referral rewards at any time and to revoke rewards in cases of abuse or non-compliance with the terms of the offer.
12. Warranty Disclaimer
Ploom Inc. and its affiliates make no representations or warranties regarding the Services, including the accuracy, legality, or appropriateness of content accessed through the Services. The Services, including any products, are provided "AS-IS" without any warranties, either express or implied, including but not limited to implied warranties of merchantability or fitness for a particular purpose.
13. Limitation of Liability
To the maximum extent permitted by law, Ploom Inc. and its affiliates are not liable for any indirect, incidental, special, punitive, or consequential damages, including but not limited to loss of profits, business interruption, loss of data, or loss of goodwill. Our total liability will not exceed the amount you paid to us for the Service in the last 12 months, or $100, whichever is greater.
14. Indemnity
You agree to indemnify and hold Ploom Inc. and its affiliates harmless from any claims, damages, or expenses (including legal fees) arising from your use of the Services, your violation of these Terms, or any third-party claims related to your actions.
15. Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Ploom Inc. may assign or transfer these Terms and its rights and obligations without your consent.
16. Choice of Law
These Terms are governed by the laws of the State of New York, excluding any conflicts of law principles.
17. Dispute Resolution
(a) Small Claims: You or Ploom Inc. may bring claims in small claims court in New York, NY, or in the county where you reside or work, if applicable. (b) Waiver of Jury Trial: You and Ploom Inc. waive the right to a jury trial in any dispute. (c) Exclusive Venue: All non-small claims actions will be exclusively brought in the state or federal courts located in New York, NY.
18. Miscellaneous
You are responsible for paying any taxes or governmental fees associated with your use of the Services. If any provision of these Terms is found to be unenforceable, the remaining provisions will still apply.
1. General Terms of Agreement
You and Ploom Inc (referred to as "Ploom") agree that these Terms represent the complete and exclusive understanding between you and Ploom, superseding and replacing all prior written or oral agreements, communications, and understandings regarding the subject matter. You further acknowledge and agree that you are not an employee, agent, partner, or joint venture of Ploom, and you do not have any authority to bind Ploom in any way.
You and Ploom also agree that there are no third-party beneficiaries intended under these Terms.
2. Schedule 1. Additional Terms and Conditions Related to Sales of Products by Passport
2.1 Merchant and Payment Processing
When you place an order on a merchant’s website (the “Merchant”), the product(s) you purchase will first be sold by the Merchant to Ploom (through our partner, Passport Global Inc, referred to as “Passport”), and then by Passport to you, under the terms described below (the “Additional Terms and Conditions”).
Your payment information, shipping address, and other details required to complete the transaction will be shared with Passport and its designated agents to process and fulfill your order.
2.2 Agreement to Terms
By completing your purchase, you confirm that you have read, understood, and agree to be bound by the following:
These Additional Terms and Conditions.
Any relevant terms and conditions set by the Merchant.
In the event of a conflict between these Additional Terms and Conditions and the terms set by the Merchant, the Merchant’s terms will control regarding your relationship with the Merchant, while these Additional Terms and Conditions will govern your relationship with Passport.
2.3 Key Terms and Conditions:
2.3.1 You are entering into a transaction with and providing your information directly to Passport. Passport may contact you regarding your order.
2.3.2 If there is an error in the price of a product listed on the Merchant’s website or applied during the sale and processing of your order, Passport may correct the error and/or cancel your order.
2.3.3 The Merchant will handle payment processing for your order.
2.3.4 Ownership of the product(s) will transfer from Passport to you once your payment is processed.
2.3.5 Certain addresses may be ineligible for shipment, such as PO box addresses.
2.3.6 Passport reserves the right to refuse service, cancel, or modify orders at its sole discretion for any reason.
2.3.7 If you are under the age of majority in your jurisdiction, you must obtain approval from a parent or guardian to complete your purchase.
2.3.8 You authorize Passport and its agents to perform actions related to the import/export process, including customs declarations and paying applicable taxes, duties, or penalties.
2.4 Currency and Billing
2.4.1 You may select your preferred payment method and currency at checkout. Please note that currency exchange rates may vary, so the total price of your order may change based on the selected currency.
2.4.2 If you use a payment card or other electronic payment method, the charges will be subject to the Merchant’s terms.
2.5 Shipping
Items may be shipped in one or more shipments. You will only be charged for the items actually shipped to you.
2.6 Fraud Prevention, Chargebacks, and Void Transactions
For your security, Passport employs fraud prevention measures and verification protocols. You must comply with these procedures, including card authentication and address verification. If a transaction is erroneously processed or authorized without proper approval, the transaction may be voided.
2.7 Customer Service and Returns
Currently, we do not accept returns or exchanges. Due to our high-quality and safety standards, once a product leaves our warehouse, it cannot be restocked. We're happy to assist you with any questions you may have before making a purchase. If you have any concerns regarding your order, please reach out to our Customer Support team at supp@takeploom.com for further assistance.
2.8 General Terms for Qualifying Customer Orders
By placing a Qualifying Customer Order through the Merchant’s website, you agree to the following:
2.8.1 Compliance with Laws: You certify that your order complies with all applicable laws, including export/import regulations and sanctions. It is your responsibility to ensure the order does not violate the laws of your country.
2.8.2 Privacy: You consent to the collection, processing, and storage of your personal information by both the Merchant and Passport, in accordance with their respective privacy policies.
2.8.3 Electronic Communication: You agree to receive electronic communications from Passport regarding your order.
2.8.4 Modifications: Passport reserves the right to update or modify these Additional Terms and Conditions. You are responsible for reviewing the most current version before completing your order. Any order placed after a change constitutes your agreement to the updated terms.
2.8.5 Severability: If any part of these terms is found to be unenforceable, the remaining terms will still be valid and enforceable.
2.8.6 Governing Law: Any dispute arising from these Additional Terms and Conditions will be governed by the laws of California, United States, and must be resolved in the courts of California.
2.8.7 Language: The parties agree that these terms and all related documents be in English.
2.9 Definitions
“Products” refers to goods offered for sale via the Merchant’s website, excluding any restricted or prohibited goods.
“Product Price” means the price of individual products.
“Qualifying Customer Order” refers to an order placed via the Merchant’s website that meets specific criteria, including orders for products to be shipped from one country to another, subject to certain value limits.