Plenish Website Terms of Use

This App is owned and operated by Abacus Innovation Inc. (“Abacus”, “Abacus Studio”, “we”, “us”, or “our”, as applicable). Your use of our website abacustudio.com or similar online or native mobile application (collectively, our “App”) is conditioned on your acceptance of these Website Terms of Use (these “Terms of Use”). By using our App, you signify your agreement to these Terms of Use as well as the Abacus Privacy Policy (our “Privacy Policy”), which is incorporated by reference herein.

We reserve the right to change, modify, or remove content from our App without prior notice for any other reason. We may modify these Terms of Use and the Privacy Policy at any time and at our sole discretion and such modifications shall be effective immediately upon posting new modified policies, terms, andf conditions on our App.

We reserve all rights not expressly granted under these Terms of Use. Any attempt by you to transfer any of the rights, duties, or obligations hereunder, except as expressly permitted in these Terms of Use, is void.

User Eligibility; User Account; Contact Information. You must create an account on our App in order to gain access to all of the services and functionality that we may establish and maintain from time to time and in our sole discretion. You may never use another user’s account without permission. You are solely responsible for the activity that occurs on your account, and you are solely responsible for keeping your account password secure. You be must be at least 18 years of age and competent to use our App and agree to these Terms of Use; by using our App you represent that you are of such age. You must notify us immediately of any breach of security or unauthorized use of your account.

Communication. When visiting the Site and when you send us emails, you are communicating with us electronically and consent to receive electronic responses from us. By calling or texting this number 1-800-301-2332, You agree to receive text messages. If you no longer wish to receive text messages, you may opt-out at any time by letting us through phone or email.

Service Rules and Limitations. You agree not to engage in any of the following prohibited activities in connection with our App: (i) copying, distributing, or disclosing any part of our App in any medium, including without limitation by any “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access our App in a manner that sends more request messages to our servers than a human can reasonably produce in the same period of time; (iii) transmitting unsolicited email or messages; (iv) attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running our App; (iv) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure or that could impair the proper operation of our App; (v) uploading invalid or harmful data through our App; (vi) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding, or attempting to hide your identity; (vii) bypassing any measures we may use to prevent or restrict access to our App; or (viii) decompiling or otherwise attempting to obtain the source code of our App.

We reserve the right to monitor your use of our App to provide guidance and assistance in the use of our App and to monitor your conformance with these Terms of Use. You acknowledge and hereby consent to such monitoring. We reserve the right to permanently or temporarily terminate your access to and use of our App if, in our reasonable belief, you have violated the usage limitations set forth in these Terms of Use. Upon termination of these Terms of Use or your access to our App for any reason, you will continue to be bound by these Terms of Use which, by their nature, should survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Limited License. The information provided to you by us in connection with our App (the “Content”) is our property of and/or proprietary to us. We hereby grant you a limited, non-exclusive, non-transferable, and non-sublicensable right and license, solely for your personal or internal business use, to use our App and the services provided thereon. You may not duplicate, copy, resell, license, display, publish, or otherwise redistribute any portion of the Content or create derivative works from any materials or content accessible on our App. Nothing contained herein shall be construed as conferring to you, by implication or otherwise, any license or right under any copyright, patent, trademark, or other proprietary right of ours. The Content may be provided to us by third parties and by governmental and/or regulatory agencies. While we take commercially reasonable steps to verify the validity of such data, we make no representation or warranty with respect to the accuracy, currency, or completeness of such third-party data.

Third-Party Links. Our App may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by us. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website from our App, you do so at your own risk, and you understand that these Terms of Use and our Privacy Policy do not apply to your use of such sites. You expressly relieve us from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on our App, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such third parties. You agree that we shall not be responsible for any loss or damage of any sort relating to your dealings with such third parties.

Disclaimers; Restrictions; Indemnification. EXCEPT AS EXPRESSLY PROVIDED HEREUNDER, THE APP AND PRODUCTS AND/OR SERVICES OFFERED, INCLUDING ALL CONTENT PROVIDED IN CONNECTION WITH THE PRODUCTS AND/OR SERVICES, IS PROVIDED “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, EXPECTED RESULTS OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WE SHALL NOT BE LIABLE TO YOU FOR ANY CLAIM OR LOSS CLAIMED BY YOU OR ANY THIRD PARTY RELATING TO BUSINESS DECISIONS MADE BY YOU AS A RESULT OF YOUR USE OF OUR APP AND THE CONTENT. WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OUR APP OR THE SERVICES.

UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, TO YOU OR ANY OTHER PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES (EVEN IF SUCH DAMAGES ARE FORESEEABLE OR WHERE WE HAVE BEEN ADVISED OR HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OUR APP OR THE CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT YOU PAID TO ABACUS OVER THE PRECEDING THREE-MONTH PERIOD.

You warrant that you will not use our App to conduct or engage in unlawful activities; to violate any law or regulation; or to violate or infringe upon our rights or the rights of any third party, including without limitation, contractual rights, intellectual property rights, and privacy rights. You agree to defend, indemnify, and hold harmless us and our officers, directors, employees, agents, assigns, and licensors from any and all claims, demands, liability, judgments, costs and expenses (including reasonable attorneys’ fees and costs) arising out of or related to any breach of any warranty, representation, covenant, or agreement made by you in these Terms of Use.