Terms of Service

1. The service

Plek Inc. (“Plek”, “we”) provides workforce intelligence software that maps roles, tasks and their cost from an organisation’s own records, and the website at plek.ai. These terms form an agreement between Plek and the organisation you act for (“you”).

Demonstrations, sample dashboards and case studies are illustrative. They rest on example or historical data and are not a forecast of your results.

2. Eligibility and accounts

The service is for business use. You must be at least 18 and able to enter this agreement for the organisation you represent.

Accounts sign in with a one-time code sent to an email address. You are responsible for the security of that mailbox and for everything done through your account; write to pierre@plek.ai as soon as you suspect unauthorised access. You remain responsible for the colleagues and other authorised users you invite.

3. Fees and order forms

Some parts of the service are free; others are paid. Where you and Plek sign an order form or statement of work, that document governs fees, scope, term and service levels, and controls over these terms for the subject it covers. Fees are non-refundable except where that document says otherwise or the law requires it.

4. Acceptable use

You agree not to:

• use the service unlawfully, or in breach of an employment, privacy or data protection law;
• upload personal data without a lawful basis for doing so;
• scrape or bulk-extract the service by automated means, except through an interface we provide;
• reverse engineer the service or derive its source code, models or methods, except where that restriction is unenforceable by law;
• resell, sublicense or provide the service to a third party;
• test its security without our written permission, or interfere with its operation;
• present its output as independently verified where it is not.

We may suspend access to prevent harm to the service, to us or to another customer.

5. Customer content

You keep ownership. Workforce data, survey responses and anything else you or your authorised users put into the service (“Customer Content”) remain yours.

You grant Plek a non-exclusive, worldwide licence to host, copy, transmit, display and process Customer Content solely to provide, secure and improve the service. It ends when we delete the content.

We may derive aggregated and de-identified data that identifies no organisation and no individual, and use it without restriction.

You confirm you hold the rights and the lawful basis Plek needs to process it.

6. Privacy

Our Privacy Policy explains how we handle personal information and is incorporated into these terms by reference. A data processing agreement covering our processor role is available from pierre@plek.ai.

7. Intellectual property and feedback

The service, the software behind it and the Plek name and mark remain ours or our licensors’. We grant you a limited, non-exclusive, non-transferable and revocable right to use the service during the term, for your internal business purposes. No other right is granted.

Reports we deliver may be used inside your organisation and shared with your advisers and investors under confidentiality. They may not be published or sold. Feedback you send us may be used by Plek freely, without obligation or attribution.

8. Confidentiality

Each party may receive non-public information from the other that is marked confidential or would reasonably be understood to be. The recipient will use it only to perform under this agreement, protect it with reasonable care, and disclose it only to people bound by comparable obligations.

This does not cover information that is public without a breach, was already known, is independently developed, or is lawfully received from a third party. Disclosure required by law is permitted, with prior notice where the law allows it.

9. Beta and demonstration features

We may offer features labelled beta, preview, trial or demonstration. They are provided as they are, may change or be withdrawn without notice, and should not be relied on.

10. Term and termination

These terms apply for as long as you use the service. You may close your account at any time by writing to pierre@plek.ai. We may suspend or terminate access if you breach these terms, if the law requires it, or if we discontinue the service.

On termination your right to use the service ends, and you may ask us to return or delete Customer Content. Sections 5, 6, 7, 8, 11, 12, 13, 14 and 16 survive.

11. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PLEK DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED AND STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY ESTIMATE OR MODEL OUTPUT WILL BE ACCURATE.

The service produces estimates. Decisions about people, roles and pay are yours, and you are responsible for reviewing output before acting on it.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY. PLEK’S TOTAL LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE GREATER OF THE FEES YOU PAID PLEK IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND US $100.

These limits do not apply to liability that cannot be limited by law.

13. Indemnification

You will defend and indemnify Plek against third-party claims, and the resulting damages, losses and reasonable legal costs, arising out of Customer Content or your breach of these terms or of any law or third-party right. We will notify you promptly, give you control of the defence and cooperate; you may not settle in a way that binds Plek without our written consent.

14. Governing law and disputes

These terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules.

Informal resolution first. Before starting a proceeding, email pierre@plek.ai describing the dispute. If it is not resolved within 30 days, either party may proceed.

Arbitration. Any dispute arising out of or relating to these terms or the service will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before one arbitrator, seated in Delaware or held by videoconference. The arbitrator decides all issues, including arbitrability. Judgment on the award may be entered in any court with jurisdiction.

Carve-outs. Either party may bring an individual claim in small-claims court, and either party may ask a court for an injunction to protect intellectual property or confidential information, without waiving this section.

CLASS-ACTION WAIVER. DISPUTES WILL BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS. YOU AND PLEK WAIVE ANY RIGHT TO BRING OR TAKE PART IN A CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE ACTION, AND THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS. IF THIS PARAGRAPH IS HELD UNENFORCEABLE, THIS ARBITRATION SECTION DOES NOT APPLY TO THE CLAIM AFFECTED.

Opt-out. You may opt out of arbitration by emailing pierre@plek.ai with your name and the words “arbitration opt-out” within 30 days of first accepting these terms. Opting out affects nothing else here.

Venue. For disputes not subject to arbitration, the state and federal courts located in Delaware have exclusive jurisdiction, and both parties consent to that venue.

15. Changes to these terms

We may update these terms; the date at the top records the most recent change. A material change takes effect 30 days after we post or send it. Continued use after that date means you accept the updated terms.

16. General

If a provision is unenforceable, it is limited or severed to the minimum extent necessary and the rest stays in force. These terms, the Privacy Policy and any signed order form are the entire agreement on their subject. A failure to enforce is not a waiver. You may not assign these terms without our written consent; we may assign them to a successor in a merger or sale of assets. Notices to Plek go to pierre@plek.ai; notices to you go to the email address on your account.

17. Contact

Questions about these terms go to pierre@plek.ai.

Plek Inc.
Delaware, United States