Plum Terms of Service

Updated August 17th, 2016

Welcome.

These Terms of Service are a contract between you and Plum.io. Plum.io operates the Plum ("Plum Site") and collection and storage services therein (collectively the "Service"). By using the Plum Site and any services accessible from the Plum Site, you are agreeing to be bound by the following terms and conditions ("Terms of Service").

If you do not agree to these Terms of Service or any part thereof, your only remedy is to not use the Plum Site or the Service. VIOLATION OF ANY OF THE TERMS BELOW WILL RESULT IN THE TERMINATION OF YOUR RIGHT TO USE THE PLUM SITE, AND ANY ACCOUNT THAT YOU MAY HAVE CREATED AS PART OF THE SERVICE. YOU AGREE TO USE THE PLUM SITE AT YOUR OWN RISK.

Data Storage and Processing.

Data for all Plum accounts are stored and processed in the United States of America. The servers that house this data are PCI DSS 2.0 compliant and are certified for secure storage and data processing.

Psychometric Methods

Plum's psychometric testing methods are developed for the express purposes of Industrial and Organizational Development. Plum is not responsible for any usage that constitutes self-diagnosis, or other diagnosis of any psychiatric or other medical issues.

Your Account.

In order to open an "Account" on the Plum Site, you must (i) agree to these Terms of Service, (ii) provide a valid email address, and (iii) provide any other information required by Plum during the registration process. You will update this information to maintain its accuracy during the term of this Service. You are responsible for maintaining the security of your account and password. Plum cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You are also responsible for all content that you may post on the Plum Site ("Content") and activity that occurs under your Account (even when Content is posted by others who have accounts under your Account). Personally identifiable information submitted by you shall be subject to Plum's Privacy Policy.

One person or legal entity may not maintain more than one Account unless authorized by Plum. Accounts registered by "bots" or other automated methods are not permitted.

To prevent the ability to repeatedly retake the Plum survey to try to "game" the answers in a users favor, the deletion of user accounts are at the full discretion of Plum. Users may ask to have their account removed, however, Plum will determine if account deletion is a proper remedy (hiring data may be required to be retained for a certain length of time—usually one year—depending on federal, state/provincial, and local laws.)

License Grants & Restrictions.

Plum hereby grants you a non-exclusive, non-transferable, worldwide right to access and use the Plum Site, solely with supported browsers through the Internet for your own internal purposes, subject to the Terms of Service. You may not permit the Plum Site to be used by or for the benefit of unauthorized third parties. Nothing in the Terms of Service shall be construed to grant you any right to transfer or assign rights to access or use the Plum Site. All rights not expressly granted to you are reserved by Plum and its licensors. You shall not (i) modify or make derivative works based upon the Plum Site; (ii) reverse engineer or access the Plum Site or assessments ("IP") in order to (a) build a competitive product or service, (b) build a product using similar features, functions or graphics of the Plum Site, or (c) copy any features, functions or graphics of the Plum Site. You further acknowledge and agree that, as between the parties, Plum owns all right, title, and interest in and to the Plum Site, including all intellectual property rights therein.

Job Applications and Partner Platforms

If you apply to an employer or through a Partner that uses the Plum service, you agree that they may use that data with third-parties including, but not limited to, applicant tracking systems, job boards, and other services. Make sure you understand the terms of use/service and privacy policies of these third-party services as Plum holds no obligation to provide them for you.

You also agree to allow these employers and partners to move and/or copy your application, which includes all Plum-derived data (assessment results, email address, full name, etc.) to other roles under their account without notice.

Your (the Client) Responsibilities.

  • You are responsible for all activity occurring under your accounts and are solely responsible for compliance with all applicable local, state, national and foreign laws, treaties and regulations relating to your use of the Plum Site, including those related to the protection of intellectual property, data privacy, international communications and the transmission of technical or personal data.
  • You shall: (i) notify Plum.io immediately of any unauthorized use of any password or account or any other known or suspected breach of security; and (ii) report to Plum.io immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you.
  • You are responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Plum Site, including, without limitation, modems, hardware, server, software, Internet browsers operating system, networking, web servers, long distance and local telephone service, but excluding the Plum Site itself (collectively, "Equipment"). You shall be responsible for ensuring that such Equipment is compatible with the Plum Site. You shall also be responsible for the use, and maintaining the security, of the Equipment.

Impermissible Acts.

As a condition to your use of the Plum Site, you agree not to:

  • upload, post, email, transmit or otherwise make available any information, materials or other content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, pornographic, offensive, invades another's privacy, or promotes bigotry, racism, hatred for harm against any individual or group;
  • impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • phish, collect, upload, post, email, transmit or otherwise make available any login data and/or passwords for other web sites, software or services;
  • phish, collect, upload, post, email, transmit or otherwise make available credit card information or other forms of financial data used for collecting payments;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Plum Site;
  • upload, post, email, transmit or otherwise make available any information, materials or other content that infringes another's rights, including any intellectual property rights;
  • upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  • upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • use any manual or automated software, devices, or other processes to "crawl," "spider" or "screen scrape" any web pages contained in the Plum Site;
  • reverse engineer, decompile or disassemble any of the software used to provide the Plum Site;
  • reproduce, duplicate or copy or exploit any other portion of the Plum Site, without the express written permission of Plum;
  • interfere with or disrupt the Plum Site, or any servers or networks connected to the Plum Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Plum Site;
  • obtain, collect, store or modify the personal information about other users;
  • modify, adapt or hack the Plum Site or falsely imply that some other site is associated with the Plum Site or Plum; or
  • use the Plum Site for any illegal or unauthorized purpose. You must not, in the use of the Plum Site, violate any laws in your jurisdiction (including but not limited to copyright laws).

Technical Requirements

Supported browsers:
IE 10+, Safari 7+, Firefox 45+, Chrome version 40+, Opera 30+.

Supported operating systems:
Windows 7 and above, Mac OSX 10.6 Snow Leopard and above.

Feedback.

In the course of using the Plum Site, you may provide Plum with feedback, including but not limited to suggestions, observations, errors, problems, and defects regarding the Plum Site (collectively "Feedback"). You hereby grant Plum a worldwide, irrevocable, perpetual, royalty-free, transferable and sub-licensable, non-exclusive right to use, copy, modify, distribute, display, perform, create derivative works from and otherwise exploit all such Feedback.

Plum will not be held liable for any employment decisions the Client makes. Any information used from the Service with regards to employment decisions is solely the responsibility of the person or person's making the employment decisions for the Client. Plum offers no guarantee for employee success.

Payment, Refunds, Upgrading and Downgrading.

A valid credit card or other pre-paid method is required for paying accounts. Free or trial accounts which provide limited access to the Service are not required to provide a credit card number. The Plum Site is billed in advance on a monthly or annual basis, unless set as a one-time fee in accordance with our pricing schedule and all payments outside of any money back guarantees are non-refundable. There will be no refunds or credits for partial months of Service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made. All plan prices are in USD. There will be no refunds for funds lost due to exchange rates, credit card processing fees, or other processing fees.

The plan for which you pay for states which features the Service will provide to you. From time to time, features that your plan does not include may be made available to you for promotional or other reasons. These limited reasons do not constitute a guarantee that these features will remain available to you at your current plan level. Plum reserves the right to change the Service terms at any time with no advanced notice, however, we will make every attempt to notify users of changes ahead of time by posting these changes on the Plum Site.

For monthly subscriptions, you will be billed for your first month immediately upon signing up for a paying account. After signing up for a paying account, you will be billed monthly starting on the 30th day after your account was initially created. An upgrade from the free account to any paying account will end your free trial. You will be billed for your first month immediately upon upgrading. For any upgrade in plan level, your credit card that you provided will automatically be charged monthly the new rate (pro-rating for the month that you upgrade will also occur). Although Plum provides the ability to pay monthly, you are still required to continue the Service for 12 consecutive calendar months. If you are paying annually, you will be charged the entire first 12 months immediately and will be charged every 12 months unless you cancel your renewal. Whether you pay monthly or annually, you must notify Plum at least 10 business days of your annual renewal date if you wish to cancel your renewal.

Your payment for Employer Client Services can include the following based on plan level:

  • All Employer Client accounts include the ability to create jobs.
    • Each Plum plan level limit the number of jobs that can be created in a calendar year; see your plan level to view these limits.
  • All Employer Client accounts include the ability to assess applicants using the Plum Talent Assessment.
  • All Employer Client accounts include the ability to create an Employer Job Profile using the Plum Match Criteria Survey.
    • Trial and Basic plans only allow for a limited number of Employer Job Profiles per job.
  • All Employer Client accounts include the ability to match applicants that have completed the Plum Talent Assessment to Employer Job Profiles.
  • All Employer Client accounts have the ability to collect applicant resumes and cover letters.
  • Pro, Premium and Enterprise plans include Interview Guides.
  • Pro, Premium and Enterprise plans include a limited Team Analysis.
  • Pro, Premium and Enterprise plans include the ability to export applicant data.
  • Premium and Enterprise plans include Plum API access.

Downgrading of Plum plans is not available at this time.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only Canada where Plum will collect federal and provincial taxes where applicable. You agree to pay for any other such taxes that might be applicable to your use of the Service and payments made by you herein.

Violation of these Terms of Service.

Plum reserves the right to investigate and prosecute violations of any of these Terms of Service to the fullest extent of the law. Plum may involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms of Service. You acknowledge that Plum has no obligation to pre-screen or monitor your access to or use of the Plum Site or any information, materials or other content provided or made available through the Plum Site, but has the right to do so. You hereby agree that Plum may, in the exercise of Plum's sole discretion, remove or delete any entries, information, materials or other content that violates these Terms of Service or that is otherwise objectionable.

Survey Audits.

The science behind the Plum Discovery Survey, Plum Role Analysis & Match Criteria, and Plum Match Scores are continually being refined to create better results across the Plum platform. Because of this, you may notice from time to time, changes to candidate/test-taker scores, match criteria, match scores, and other elements that are tied to Plum assessments. Plum reserves the right to change these scores without notice.

Cancellation.

You are solely responsible for properly canceling your account renewal. An email or phone request to cancel your account renewal shall be sufficient. You can cancel your renewal at any time, but at least 10 business days before the expiration of your service contract.

Cancellations will take effect at the end of a Service period (1-year). Upon the commencement of a new Service period the Service will terminate without additional notice, and you will not be charged for any subsequent Service periods. You will not be provided any refunds for unused time on your current Service period.

Termination.

Plum, in its sole discretion, has the right to suspend or terminate your Account if (1) you breach these Terms of Service or (2) your bandwidth usage significantly exceeds the average bandwidth of other users of the Service. In each such case Plum may refuse to provide you any current or future use of the Plum Site, or any other Plum Service. Any termination of your Account will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. This information cannot be recovered from Plum once your account is terminated; however Plum may for a time retain residual information in our backup and/or archival copies of our database.

Plum reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Plum Site and Prices.

  • Plum reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Plum Site and Service (or any part thereof) with or without notice.
  • Prices of all Plum Sites, including but not limited to monthly subscription plan fees to the Plum Site, are subject to change upon 30 days notice. Such notice may be provided at any time by posting the changes to the Plum Site.
  • Plum shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Plum Site.
  • Plum reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Plum Site, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Plum Site after any such changes shall constitute your consent to such changes.

Copyright and Content Ownership.

We claim no intellectual property rights over the material you provide to the Plum Site. Your profile and materials uploaded remain yours.

Plum does not pre-screen Content, but Plum and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Plum Site.

Plum owns all data obtained through the Plum Assessment. This includes the answers to the assessment given by candidates and users, as well as the calculated scores based on these answers. Candidates can withdraw their application from an employer at any time, but cannot remove their account fully for a duration of at least one (1) year. This is to allow us and our users to follow local, state and federal laws pertaining to the retention of hiring data.

Notification of Claims of Infringement.

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Plum's agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at terms@plum.io

Please provide our Agent with the following Notice:

  • Identify the material on the Plum Site site that you claim is infringing, with enough detail so that we may locate it on the website;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
  • Your address, telephone number, and email address; and
  • Your physical or electronic signature.

Plum will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).

Disclaimer of Warranties

THE SERVICES, AND ALL MATERIALS, INFORMATION, AND SERVICES INCLUDED IN THE Plum SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH NO WARRANTIES WHATSOEVER. Plum AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Plum AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. Plum DOES NOT WARRANT THAT (I) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE Plum SITE WILL BE CORRECTED. PLUM AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION, CONTENT OR ADVICE OBTAINED THROUGH THE SERVICES. PLUM AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PLUM SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE PLUM SITE.

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE FORMS AND CONTENT ON THE PLUM SITE AND THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR LOSS OF DATA THAT RESULTS FROM THE SUBMISSION OR DOWNLOAD OF SUCH CONTENT.

Technical support is only provided to paying account holders and is only available via email and limited phone support. We will use commercially reasonable efforts to respond within a reasonable amount of time during regular business hours.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

Limitation of Liability.

UNDER NO CIRCUMSTANCES SHALL PLUM OR ITS LICENSORS BE LIABLE TO YOU ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE SERVICES OR PLUM SITE ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF PLUM OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES OR PLUM SITE, FROM INABILITY TO USE THE SERVICES OR PLUM SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES OR PLUM SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).

THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR PLUM SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE PLUM SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Without limiting the foregoing, under no circumstances shall Plum or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

General.

These Terms of Service will be governed by and construed in accordance with the laws of the Province of Ontario, without giving effect to its conflict of laws provisions or your actual state, province or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter (including, but not limited to, any prior versions of the Terms of Service). Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by an authorized representative of Plum.

Questions about the Terms of Service should be addressed to terms@plum.io.
Questions about billing should be addressed to billing@plum.io.