FusePLM Terms and Conditions

Last updated: Aug 27, 2018

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the www.fuseplm.com website (the “Service”) operated by FusePLM (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

Communications

By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following instructions provided in any email we send, or, by sending an email to info@fuseplm.com with the subject line ‘unsubscribe’.

Subscriptions

Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or FusePLM cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting FusePLM customer support team.

A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide FusePLM with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize FusePLM to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, FusePLM will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Free Trial

FusePLM may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).

You may be required to enter your billing information in order to sign up for the Free Trial.

If you do enter your billing information when signing up for the Free Trial, you will not be charged by FusePLM until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, FusePLM reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

Fee Changes

FusePLM, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

FusePLM will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service.

FusePLM will keep your Content confidential, stored exclusively on FusePLM Cloud Domain, use it only to deliver the Service to you, and not disclose it to any third party except FusePLM’s employees and contractors who have entered into binding agreements with FusePLM that contain non-disclosure obligations equivalent to those set forth in this Agreement.

Ownership and Non-Disclosure

FusePLM owns and will retain all right, title and interest, including without limitation all copyright, trademark, trade secret, patent and other proprietary rights, in and to the Service, Software, Documentation, Evaluation Data and other Derivative Data (the “Proprietary Materials”). You shall keep confidential and not disclose, sell, lease, transfer, sublicense, dispose of, or otherwise make available the Proprietary Materials or any portion thereof, in source or object code, to any third party other than your employees or authorized contractors who need access to the Proprietary Materials in order to use the Service and exercise your license rights granted herein. Authorized contractors should have entered into binding agreements with your Company, that contain non-disclosure obligations equivalent to those set forth in this Agreement.

You agree that dissemination of the Proprietary Materials in breach of this Agreement would cause irreparable harm to FusePLM for which monetary compensation alone would be inadequate, and FusePLM is entitled to seek injunctive relief prohibiting any such dissemination, in addition to monetary damages and all other remedies available at law or in equity. This Agreement is NOT a sale of the Proprietary Materials or any copy of them. You obtain only such rights in the Proprietary Materials, if any, as are expressly provided in this Agreement.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

Intellectual Property The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of FusePLM and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of FusePLM.

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by FusePLM.

FusePLM has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that FusePLM shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Termination and Cancellation

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for reasons including but not limited to the following:

• The provision of inapplicable information during the account registration process.
• The invoice amount due cannot be charged to the credit card account provided.
• The use of this Service for illegal purposes or for purposes in breach of this Terms of Service.

If you wish to cancel your account, you may simply send an email to info@fuseplm.com requesting termination. If you cancel your Service before the end of the term for which you paid, your cancellation will take effect immediately if requested in writing (at info@fuseplm.com) to FusePLM as per the termination provisions herein.

Upon termination you will not be granted further access to the Service. Termination of the Service shall not relieve you of any payment obligations that may have arisen prior to such termination. Prior to the end of a subscription term, you may cancel the Service upon five (5) days’ prior written notice for monthly subscriptions and thirty (30) days’ prior written notice for annual subscriptions, sent to info@fuseplm.com. If you cancel the Service and/or your recurring payment, your account will remain active for 30 days from the date of termination. In either case (termination or cancellation), you will not be given any refund. FusePLM is not obligated to store your Content after 30-days of termination.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Renewal of Service

Upon the expiration of the initial Service Subscription Term, the Service shall automatically renew for an additional subscription Term of equal duration unless Customer terminates the Service as set forth in Section ‘Termination and Cancellation’. Unless otherwise set forth herein, each subscription Term that is renewed under these Terms, shall renew based upon FusePLM’s then-current list pricing at the time of such renewal.

Indemnification

You agree to defend, indemnify and hold harmless FusePLM and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

Limitation Of Liability

In no event shall FusePLM, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

FusePLM its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Texas, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us at info@fuseplm.com.