Plugpass Platform Terms of Service

Welcome to Plugpass. Plugpass operates a platform that independent publishers use to offer, sell, and distribute plugins that add premium functionality to Claude and other compatible AI runtimes ("Plugins"): accounts, billing, entitlements, and distribution for a publisher's Plugins, together with the publisher dashboard and tooling publishers use to run them and an affiliate program (collectively, the "Platform"). Use of plugpass.ai and the Platform is governed by these Platform Terms of Service ("Terms"), which form a legally binding agreement between you (defined in Section 1.1) and Favonian, Inc., a Delaware corporation ("Plugpass," "we," or "us"). Your use is also governed by our Privacy Policy and our Acceptable Use Policy, each incorporated into these Terms by reference. By creating a Plugpass account or accessing or using plugpass.ai or the Platform, you indicate your assent to be bound by these Terms. If you do not agree, do not create an account or use the Platform.

If you are an end user of a Publisher's Plugin, these Terms do not govern your use of that Plugin. Your relationship for a Plugin — its account, purchases, subscriptions, license, and support — is with its Publisher, under the Publisher's own end-user terms and privacy policy presented on the Plugin's pages. Plugpass operates those accounts, purchases, and pages as the Publisher's service provider and is not a party to that relationship (Section 1.2).

1. Introduction

1.1. Who You Are. In these Terms, "you" refers to the person or entity that creates a Plugpass account — as a member of a Publisher's team, as an affiliate, or otherwise — or that browses or otherwise uses plugpass.ai or the Platform. You are responsible for compliance with these Terms by anyone acting on your behalf or using your account, and anyone using the Platform on behalf of an entity binds that entity to these Terms.

1.2. Plugins and Publishers. Each Plugin is published by the person or entity that creates and owns it ("Publisher"). Publishers, not Plugpass, are responsible for their Plugins and for their relationships with their end users. For each paid Plugin, the Publisher is the merchant of record and the seller: customer charges are made on the Publisher's own connected payment account, under the Publisher's name or statement descriptor. Plugpass provides the Platform to Publishers and acts as each Publisher's service provider in operating its Plugins' accounts, checkout, billing, entitlements, and pages; Plugpass does not buy, sell, resell, or license Plugins to end users, and is not a party to any Publisher's end-user terms. Where Plugpass publishes a Plugin itself, the relevant Plugpass publishing entity is the Publisher of that Plugin, and its end-user terms govern that Plugin as any Publisher's would.

1.3. The Platform and Your Role. Your use of the Platform in a particular role is governed by the agreement for that role, each of which incorporates these Terms and controls over them in the event of a conflict as to that role: the Publisher Terms if you register a publisher account or are a member of one, and the Affiliate Terms if you join the affiliate program. These Terms govern your Plugpass account and your use of plugpass.ai and the Platform generally.

1.4. Platform Policies. Your use of the Platform is also subject to our posted policies and help-center documentation, as modified from time to time, which are incorporated into these Terms.

2. Your Account

2.1. Your Account. You create a Plugpass account to use the Platform as a Publisher's team member or as an affiliate. You are responsible for the activity under your account and for keeping your credentials secure, and you will keep the information associated with your account accurate and current. Publishers' end users hold accounts with the respective Publishers, not Plugpass accounts under these Terms.

2.2. Fees. Plugpass charges no fee for a Plugpass account under these Terms. The platform fees, commissions, and other financial terms that apply to a Publisher's or an affiliate's use of the Platform are set out in the Publisher Terms and the Affiliate Terms, respectively.

3. Plugins; Reservation of Rights; Reviews

3.1. Plugins Are the Publishers'. Each Plugin is licensed or otherwise made available to its end users by its Publisher, under the end-user terms and privacy policy the Publisher presents for it. Plugpass is not a party to those terms, is not responsible for compliance with them, and does not guarantee they are adequate for anyone's needs. Support for a Plugin is provided by its Publisher.

3.2. Reservation of Rights. Except for the rights expressly granted to you in these Terms and in the agreement for your role (Section 1.3), all right, title, and interest (including intellectual property rights) in plugpass.ai, the Platform, and the Plugpass publisher tooling are reserved by Plugpass, and all right, title, and interest in the Plugins are reserved and retained by their respective Publishers and licensors. You acquire no ownership rights in the Platform or any Plugin.

3.3. Reviews. If the Platform allows you to post reviews or ratings of Plugins, then: reviews must comply with our Acceptable Use Policy and be made in good faith after reasonable evaluation; you may post only one review per Plugin (a later review may reflect a good-faith change, and edited reviews are marked as such); you may not review a Plugin you publish, one published by a company you work for, or those of competitors; and a review must evaluate the Plugin itself. Plugpass may, in its discretion, remove or edit any review. You retain ownership of your review content but grant Plugpass, and the Publisher of the Plugin reviewed, a nonexclusive, worldwide, irrevocable, perpetual, transferable, sublicensable, fully paid-up, royalty-free license to use, reproduce, modify, adapt, publish, and display that content and to incorporate it into other works.

4. Data

4.1. Your Information. Information Plugpass collects from you based on your use of plugpass.ai and the Platform is handled in accordance with our Privacy Policy.

4.2. Publishers' End Users. Information about a Publisher's end users — their accounts, purchases, entitlements, and usage of the Publisher's Plugins — is processed by Plugpass on that Publisher's behalf and under its instructions, as described in the Publisher Terms and its Data Processing Addendum. Publishers are responsible for their own privacy practices toward their end users under their own privacy policies.

5. Your Responsibilities

5.1. Representations and Warranties. You represent and warrant that you have the right, power, and authority to enter into these Terms without violating any other agreement or policy.

5.2. Compliance with Law and Policies. You must use plugpass.ai and the Platform in compliance with all applicable laws and with our Acceptable Use Policy.

5.3. Use Restrictions. You may not use any scraping, crawling, data-mining, or other bulk-collection method to extract data from plugpass.ai or the Platform.

5.4. Indemnification. You agree to indemnify, defend (at Plugpass's request), and hold harmless Plugpass, its affiliates, and their officers, agents, and employees from any third-party claims, and any related damages, losses, or costs (including reasonable attorneys' fees), arising out of your violation of these Terms, your violation of any third party's rights, or any content you submit to the Platform. You may not settle any such claim without Plugpass's prior written consent.

6. Term and Termination

6.1. For Cause. Your rights under these Terms terminate automatically if you fail to comply with them. On termination, you must cease using the Platform, and Plugpass may revoke your access without notice.

6.2. Discontinuation. Plugpass may terminate these Terms or discontinue the Platform at its discretion, with reasonable notice where practicable.

6.3. Effect on Your Role Agreements. Termination of these Terms does not by itself terminate the Publisher Terms or the Affiliate Terms, whose termination and wind-down provisions govern the corresponding relationships.

6.4. Survival. Sections 3.2, 4, and 5 through 9 survive termination or expiration of these Terms.

7. Disclaimers and Limitations of Liability

7.1. Plugins Are Provided by Publishers. Plugins are provided by Publishers, who are solely responsible for them. Plugpass has no liability or responsibility for any Plugin, including its accuracy, reliability, availability, security, data handling, completeness, usefulness, or quality, even where Plugpass hosts platform services the Plugin relies on or has reviewed the Plugin. Plugpass is not responsible for third-party websites or services to which plugpass.ai, the Platform, or a Plugin links.

7.2. Availability and Removal. Plugpass may suspend or remove a Plugin from the Platform in accordance with its policies, and Publishers may update or remove their Plugins.

7.3. Disclaimer of Warranties. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PLUGPASS OFFERS plugpass.ai, THE PLATFORM, AND ALL PLUGINS "AS IS" AND "AS AVAILABLE," AND DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. YOU MAY HAVE STATUTORY RIGHTS THAT LIMIT THIS DISCLAIMER.

7.4. Limitations of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PLUGPASS WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF USE, LOST OR INACCURATE DATA, FAILURE OF SECURITY MECHANISMS, OR INTERRUPTION OF BUSINESS. IF THE FOREGOING IS UNENFORCEABLE, PLUGPASS'S AGGREGATE LIABILITY TO YOU UNDER THESE TERMS WILL NOT EXCEED THE GREATER OF (1) THE AMOUNTS YOU PAID PLUGPASS UNDER THESE TERMS IN THE TWELVE (12) MONTHS BEFORE THE CLAIM, OR (2) FIFTY U.S. DOLLARS (US$50). THE LIMITATIONS THAT APPLY TO A PUBLISHER'S OR AN AFFILIATE'S RELATIONSHIP WITH PLUGPASS ARE STATED IN THE PUBLISHER TERMS AND THE AFFILIATE TERMS.

7.5. Basis of Bargain. The disclaimers and limitations in this Section 7 are an essential basis of the bargain between you and Plugpass, apply regardless of the form of action, and survive and apply even if a limited remedy fails of its essential purpose. Plugpass's affiliates, contractors, and service providers may exercise Plugpass's rights under these Terms, and all disclaimers and limitations benefit them.

8. Dispute Resolution; Governing Law

8.1. Informal Resolution. For any dispute arising out of or relating to these Terms, the parties will first attempt in good faith to reach a resolution; if they do not within sixty (60) days, either party may pursue relief as available under these Terms.

8.2. Governing Law; Forum. These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws principles. Subject to Section 8.3, any action arising out of or relating to these Terms must be brought exclusively in the state or federal courts located in San Francisco, California, and each party submits to the personal jurisdiction of those courts.

8.3. Binding Arbitration; Class-Action Waiver.

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND PLUGPASS TO RESOLVE MOST DISPUTES BY BINDING INDIVIDUAL ARBITRATION INSTEAD OF IN COURT AND WAIVES YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. YOU MAY OPT OUT WITHIN THIRTY (30) DAYS AS DESCRIBED IN SUBSECTION (g).

(a) Agreement to Arbitrate. You and Plugpass agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Platform that is not resolved under Section 8.1 (a "Dispute") will be resolved by binding individual arbitration, except for the matters carved out in subsection (c). This Section is governed by the Federal Arbitration Act.

(b) Administrator and Rules. The arbitration will be administered by JAMS under its rules then in effect for consumer disputes, including the JAMS Consumer Minimum Standards where they apply. The arbitrator may award the same individual relief a court could, and judgment on the award may be entered by any court with jurisdiction. The location of any in-person hearing, and the procedures for any written or remote hearing, are governed by the JAMS rules.

(c) Carve-Outs. This Section does not require arbitration of: (i) an individual claim brought in small-claims court within its jurisdiction; (ii) an action to enforce or protect intellectual-property or confidentiality rights, or to seek the injunctive relief described in Section 8.4; or (iii) a request for public injunctive relief, which is addressed in subsection (f).

(d) Class-Action Waiver. YOU AND PLUGPASS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims or otherwise preside over any class or representative proceeding.

(e) Delegation. The arbitrator has exclusive authority to resolve any Dispute about the interpretation, scope, applicability, enforceability, or formation of this Section, except that any question about the validity or enforceability of the Class-Action Waiver in subsection (d) will be decided only by a court and not by the arbitrator.

(f) Public Injunctive Relief; Severability. If a claim for public injunctive relief is asserted and a court or arbitrator finds it may not be waived or arbitrated, that request for public injunctive relief — and only that request — will be severed and stayed pending the individual arbitration of all other claims, and then heard in the courts identified in Section 8.2. If the Class-Action Waiver is otherwise found unenforceable as to a particular claim or request for relief, that claim or request will be severed and brought in those courts while the remaining claims are arbitrated. Except as stated in this subsection, if any part of this Section is found unenforceable, the rest of this Section remains in effect.

(g) 30-Day Opt-Out. You may opt out of this Section 8.3 by emailing support@plugpass.ai within thirty (30) days after you first accept these Terms, stating your name and that you opt out of arbitration. If you opt out, Section 8.2 governs your Disputes. Opting out has no effect on any other part of these Terms.

(h) Mass Arbitration. If twenty-five (25) or more demands for arbitration that raise similar claims are filed against Plugpass by or with the coordination or assistance of the same counsel or group, the JAMS Mass Arbitration Procedures (and any related JAMS rules then in effect) will apply to those demands, and you and Plugpass agree to their application.

(i) Survival; Changes. This Section survives termination of these Terms. If Plugpass makes a material change to this Section, the change will not apply to any Dispute of which Plugpass had actual notice before the change's effective date.

8.4. Injunctive Relief. Nothing in this Section prevents Plugpass from seeking injunctive relief for a violation of intellectual-property rights or confidentiality obligations, or to enforce or obtain recognition of any award or order, in any appropriate jurisdiction.

8.5. Exclusions. The United Nations Convention on Contracts for the International Sale of Goods, and the Uniform Computer Information Transactions Act (UCITA), do not apply to these Terms.

9. General

9.1. Changes to These Terms. Plugpass may modify these Terms by posting the revised version. For material changes, we will provide notice and may require you to accept the revised Terms at next login to continue using the Platform; in any event, your continued use after the effective date constitutes acceptance. Other amendments require the written agreement of you and Plugpass.

9.2. Reporting Intellectual-Property Violations. If you believe content on the Platform infringes your copyright or trademark, contact us at support@plugpass.ai.

9.3. Contact. For communications concerning these Terms, write to support@plugpass.ai. Plugpass may send you notices through your account or to the email address on file.

9.4. Entire Agreement. These Terms, together with the Privacy Policy, the Acceptable Use Policy, and our posted policies, are the entire agreement between you and Plugpass regarding plugpass.ai and the Platform and supersede any prior or contemporaneous agreements on that subject. This does not limit the Publisher Terms or the Affiliate Terms, which apply per Section 1.3.

9.5. Interpretation; Severability; Waiver. If any provision is held invalid, it will be limited or restated to the minimum extent necessary, and the remainder of these Terms remains in effect. Our failure to enforce a provision is not a waiver. Headings are for convenience only, and "including" is to be construed without limitation.

9.6. Assignment. You may not assign these Terms without Plugpass's prior written consent, except that you may assign them in their entirety to a successor in a merger or a sale of all or substantially all of your assets, on prompt written notice and the assignee's written assumption of your obligations.

9.7. No Agency Between You and Plugpass. Nothing in these Terms makes Plugpass your agent or authorizes Plugpass to make or enter into commitments on your behalf. Plugpass's role as a Publisher's service provider under Section 1.2 is a separate relationship between Plugpass and the Publisher, governed by the Publisher Terms.

9.8. Export. You may not use, export, or re-export the Platform except as authorized by U.S. law and the laws of the jurisdiction in which you use it. You represent that you are not located in any U.S.-embargoed country or on any U.S. restricted-party list, and you will not use the Platform for any prohibited end use.