SERVICE SPECIFIC TERMS FOR THE WORKPASS SERVICES

EFFECTIVE DATE: December 20, 2022

These Service Specific Terms (WorkPass Service Terms) are part of the Terms of Service for Plume Services (Plume Terms) and apply to the Plume Services known as WorkPass, which is the suite of services that offers fast and reliable Wi-Fi technology designed for small businesses (WorkPass Services). 

PLEASE CAREFULLY READ THESE WORKPASS SERVICE TERMS TOGETHER WITH THE PLUME TERMS.  THEY INCLUDE IMPORTANT INFORMATION ABOUT YOUR RELATIONSHIP WITH PLUME AND HOW DISPUTES BETWEEN US ARE RESOLVED.  

1.  Key Definitions for the WorkPass Services

For your convenience, many of the capitalized terms that we use in these WorkPass Service Terms are defined in this Section 1:

• Customer means the entity that holds an account for a Membership to the WorkPass Services.
• Customer Network Equipment means Plume Products (as defined in the Plume Terms) or similar Wi-Fi extenders, OpenSync-enabled gateways and other on-premise Wi-Fi network equipment used to create the Customer’s WorkPass Network.
• Employee has the meaning given in Section 4.5.
• Guest means a customer of Customer, visitor to the Customer’s business location or other third party authorized by Customer to access and use the Guest Wi-Fi Network.
• Guest Wi-Fi Network means the part of the WorkPass Network made available by Customer for Guests.  
• Membership means the subscription for a WorkPass service plan, whether acquired from Plume, an authorized reseller or a Plume Partner, as described at https://www.plume.com/workpass/whatsincluded. 
• Terms of Sale means the terms and conditions, available at https://www.plume.com/legal/terms-of-sale/, that apply to purchases of Plume Products and Memberships through Plume’s online store.
• User means a natural person authorized by Customer to access and use the Customer’s WorkPass Network, including Guests and Employees. 
• WorkPass App means the mobile application available through Apple’s App Store and Google Play that serves as the user interface for the setup, control and monitor of the WorkPass Network.
• WorkPass Network means the Wi-Fi network created by Customer’s use of the WorkPass Services together with Customer Network Equipment.
• you means (as context dictates) the Customer or User that uses the Plume Services.

All other capitalized terms used but not defined in these WorkPass Service Terms have the meanings given in the Plume Terms.

2. How these WorkPass Service Terms Apply

If any term of these WorkPass Service Terms conflict with the Plume Terms, then these WorkPass Service Terms control with respect to the WorkPass Services.  Purchases from Plume’s online store are governed by the Terms of Sale.  The End User License Agreement governs the software embedded in Plume Products.

3.  License for WorkPass App

Subject to these WorkPass Service Terms and the Plume Terms, Plume grants you a limited, revocable, non-exclusive and nontransferable license to download, install and use the WorkPass App to use on a mobile device owned or otherwise controlled by you (Mobile Device).

You acknowledge and agree that the WorkPass App is provided under license and is not sold to you.  You do not acquire any ownership interest in the WorkPass App or any other right other than to use the WorkPass App in accordance with the license granted and subject to all terms, conditions and restrictions under these WorkPass Service Terms and the Plume Terms.  Plume and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the WorkPass App, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these WorkPass Service Terms.

4. Use of the WorkPass Services

4.1 Purchasing a Membership.  A Membership is required to use the WorkPass Services. You may purchase a Membership directly from Plume, from an authorized reseller or from a Plume Partner. 

       4.1.1 Membership Purchased from Plume or Authorized Reseller. When you purchase a Membership from Plume through the Plume’s online store (Store), the Terms of Sale apply to your purchase.

Your Membership begins on the date (Subscription Billing Date) that is the earlier of (i) when you complete setup of your WorkPass Network and (ii) 60 days after the order date in the email confirming your order of the Plume Products that you ordered with the Membership. 

Your Membership continues for the period indicated in the Order Confirmation (as defined in the Terms of Sale).  You Membership automatically renew until canceled in accordance with the Terms of Sale.  Please see the Terms of Sale for details. 

       4.1.2 Membership Purchased from a Plume Partner. If your Membership is obtained from a Plume Partner (Partner Membership), Plume’s obligation to enable the WorkPass Services in connection with your Partner Membership is governed by Plume’s agreement with the Plume Partner and the terms of your Partner Membership is governed by your agreement with the Plume Partner.  The Plume Partner that provides your Partner Membership also is responsible for support for the WorkPass Services and your Customer Network Equipment.

4.2 Memberships are not transferrable. Once a Membership is claimed to an account (e.g., you associate one Membership for WorkPass Services to your account and another Membership to your account for your use of the WorkPass Services in your business), you cannot transfer your Membership to another account with Plume, including to a family member’s account.  In addition, to use a Plume Product that was associated with one account with a new or different account, a new or different Membership is required to complete the setup of the Plume Product.   

4.3 Passive Service Mode. Following expiration of a Membership, the Plume Products and the Plume WorkPass App used in connection with that Membership may function in a limited manner known as Passive Service Mode. Specifically, when in Passive Service Mode, your WorkPass Network is static and will not receive performance enhancements and Updates and the features of the Plume WorkPass App are restricted to basic management and viewing of devices connected to the WorkPass Network.  Plume Products will continue to receive firmware updates in accordance with Plume’s then-current support policies regardless of Membership status.  Passive Service Mode may not be available for Customer Network Equipment purchased from a Plume Partner or other third party.  If you receive your Membership through a Plume Partner, please review your agreement with the Plume Partner for details.

4.4 Guest Wi-Fi Network.  Before permitting Guests to access and use Customer’s Guest Wi-Fi Network, you must obtain each Guest’s assent to terms and conditions that, at a minimum, state that Plume is not liable to Guests and requires Guests to comply with all applicable laws in connection with their use of the Guest Wi-Fi Network (Guest Wi-Fi Terms).  Plume makes available a sample set of Guest Wi-Fi Terms.  Customer is solely responsible for ensuring that the Guest Wi-Fi Terms are appropriate for Customer’s business and comply with applicable law.  Plume disclaims all responsibility and liability for any use of the sample.  Plume encourages Customer to seek appropriate legal advice with respect to preparing Guest Wi-Fi Terms.

4.5 Employee Wi-Fi Network

The WorkPass Services may permit you to establish a designated Wi-Fi network (Employee Wi-Fi Network) for use by your employees, contingent workers or other personnel of Customer (Employees). You are responsible for ensuring that your Employees’ use of the Employee Wi-Fi Network complies with these WorkPass Service Terms and you are responsible for your Employees’ use of the Plume WorkPass Services in all respects. 

4.6 Additional Administrators.  The WorkPass Services may permit you to designate one or more additional administrators who can manage the WorkPass Network on your behalf (each, an “Additional Administrator”). You are responsible for ensuring that each Additional Administrator’s use of the WorkPass Services complies with these WorkPass Service Terms and the Plume Terms and for all activity that takes place on your account, including actions taken by an Additional Administrator.

5.  Personal Information

The WorkPass Services may permit you to access certain information about Guests (Guest Information), such as frequency and length of access to the Guest Wi-Fi Network, whether a Guest is new to the Guest Wi-Fi Network, data usage through the Guest Wi-Fi Network and social media account information (where allowed). Some Guest Information is personal information under applicable law.  Customer is solely responsible for Customer’s compliance with applicable privacy, confidentiality and security laws and requirements related to Guest Information.

Plume will process Guest Information on Customer’s behalf in order to provide the WorkPass Services, as well as for its own business purposes as described in the Plume Privacy Policy.  Accordingly, Customer is responsible for ensuring that Guests have access to the Plume Privacy Policy and for obtaining Guests’ acknowledgment the Plume Privacy Policy.  

Please see the Plume Privacy Policy to learn about how Plume collects, uses and shares personal information and Plume’s retention and deletion practices for the WorkPass Services.  Please see “How Google Uses Data from Sites or Apps That Use Our Services”, available at www.google.com/policies/privacy/partners/ as of the Effective Date.

Customer agrees to enter into the Plume Data Processing Agreement upon Plume’s request.  Please contact [email protected] for the Plume Data Processing Agreement.

6.  Updates to the WorkPass Services

Plume may in its sole discretion develop and provide Updates (as defined in the Plume Terms), some of which may modify or delete in their entirety certain features and functionality.  You agree that Plume has no obligation to provide Updates or to continue to provide or enable any particular feature or functionality.   

Based on your Mobile Device settings, when your Mobile Device is connected to the Internet either: (i) the WorkPass App will automatically download and install all available Updates; or (ii) you may receive notice of or be prompted to download and install available Updates.  You acknowledge and agree that certain features of the WorkPass Services may not properly operate if you do not install Updates. You further agree that all Updates become part of the WorkPass Services and are subject to all terms and conditions of these WorkPass Service Terms.

7.  DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY 

THE PLUME SERVICES AND THIRD-PARTY MATERIALS AND OTHER CONTENT AVAILABLE THROUGH THE PLUME SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS.  

SECTIONS 11 AND 12 OF THE PLUME TERMS INCLUDE EXCLUSIONS, DISCLAIMERS AND LIMITATIONS OF LIABILITY THAT APPLY TO YOUR USE OF THE WORKPASS SERVICE.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR OTHER LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE EXCLUSIONS, DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU.

8.  ARBITRATION NOTICE 

Except for certain kinds of disputes, the Plume Terms require you to resolve any dispute with Plume through arbitration on an individual basis and not as part of any class or representative action.  You and Plume are each waiving the right to a trial by jury.  Please see “Agreement to Arbitrate” in Section 13 of the Plume Terms for more information. 

9.  How to Contact Plume

If you have questions, please feel free to reach out to us at [email protected].