Online User Agreement
Welcome to Plug, a no-code/low-code application builder. Please read this Agreement carefully before you access or use the Software. This Agreement outlines the terms and conditions under which Descasio grants access and use of the Software to You the User .
By accessing or using the Services, you signify your acceptance of this Agreement. . Furthermore, your continued use of the Services constitutes your ongoing acceptance of this Agreement. If you do not agree to the terms herein, you are prohibited from accessing or using the Services.
We reserve the right to update this Agreement at any time and our sole discretion (without recourse to you). The date of the last update of this Agreement may be displayed at the top of this Agreement for your notice. While we may contact you to notify you of any material changes in this Agreement, it is your responsibility to check for any updates on this Agreement before each use and confirm your acceptance of the terms before you use the Software.
1. Definitions
In this User Agreement, the terms “this Agreement” and “Terms and Conditions” are synonymous and used interchangeably to mean “User Agreement”.
In this Agreement
“You” or “your” or “user” refers to any person or entity using the service. Unless otherwise stated, “Descasio”, “we” or “our” or “us” will refer collectively to Descasio Limited, and where so indicated, may also refer to its subsidiaries, affiliates, directors, officers, employees, agents and partners.
You and Descasio are jointly referred to as “the Parties” in this document.
“Plug” means the software, product and services offered with the name “Plug” to users online by Descasio.
“Plug”, “our Services”, “our Service”, “the Services”, “the System” and “the platform” are synonymous and used interchangeably unless otherwise specified.
2. Eligibility
In order to use Plug, you must be an adult, capable of entering into ordinary contracts under the law and not under any contractual inhibition known to your national or international law.
Without limiting the foregoing, we reserve the right to deny, suspend or terminate delivery of our Service to persons who present an unacceptable level of risk as determined by regulatory, industry and our standards.
3. Contract Between You and Descasio
3.1 Acceptance
Your acceptance of these Terms and Conditions of Service is established either:
– by using your personal details to log-in to Plug, or
– by installing or using any Plug service or products or solution “Powered by Plug”, or
– by integrating Plug with your third party application.
3.2 No Warranty
We provide our services “as is” and without any warranty or condition, express, implied or statutory. We, specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement to the full extent permissible by the law.
We shall endeavour to provide the Services with due care and skill, in consideration for your payment of the appropriate fee where applicable. Please be informed that our Services may suffer from delays, errors or other unintended outcomes.
We make no representations or warranties regarding the amount of time needed to complete processing of instructions; our Service is also dependent upon other factors outside of our control, including the operational efficiency of all stakeholders.
3.3 Limitation of Liability
We shall only be liable for your direct loss or damage, proven to be a foreseeable result of our breach of this agreement. We will also be liable for any obligation that cannot be limited or excluded as a matter of law.
We will not be liable for any loss or damage arising as a result of unauthorised access to the service if (a) You intentionally or negligently failed to take reasonable precautions to protect your security, login details, access requirements, or device involved in your accessing the service, or if your access to the Service was hacked or compromised by third-parties (b) You failed to promptly notify us that the service was being accessed in an unauthorised way after becoming aware of it, or (c) You acted fraudulently.
To the fullest extent permissible by law, Descasio shall not be liable for loss of income, profits, business, opportunity, contracts or any indirect, special, incidental or consequential damages arising out of or in connection with our platform, our service, or this Agreement.
Our liability to you or any third party in any circumstance of proven liability by us, shall not exceed the fees paid to us in respect of the specific transaction that gave rise to the claim or liability.
3.4 Indemnification
You agree that if you are in breach of this Agreement or the documents it incorporates by reference, or if you violate any law or the rights of a third party in connection with your use of the service, we shall not be responsible for any damage, loss, liability or third party claim you incur wholly or partly by your breach or violation.
You agree to indemnify and hold Descasio, harmless from any claim or demand (including attorneys’ fees) made by you or any third party arising wholly or partly from your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party relating to your use of the Service.
4. Fees and Charges
4.1 A comprehensive description of the Services and the standard pricing plan will be available on our website.
4.2 For inquiries regarding enterprise plans tailored to your organization’s specific needs, please contact our sales team directly.
4.3 Payment
All subscription fees and charges related to the Services are to be settled in full and in advance by You before we allow you have access to a paid Service.
4.4 Late Payment/Non-Payment of Charges
Where payment for Charges are not be received by the due date, we may issue a formal notification requesting you to make the necessary payments before we suspend/discontinue our service delivery.
4.5 Refunds
This Agreement establishes that all Charges associated with the Services are non-refundable, unless explicitly stated otherwise in this Agreement. Deactivation for whatever reason, discontinuance of Service, Partial use or non-use of the Services does not qualify for a refund.
4.6 Applicable Taxes
All fees and charges quoted in this Agreement exclude any applicable taxes, which will be chargeable at the prevailing rate, unless otherwise stated. You will be responsible for the payment of any taxes imposed by any governmental taxing authority on the amounts you are liable to pay to us under this Agreement, including, but not limited to, withholding taxes of whatever nature. If any deductions or withholdings are required by law to be made from the fees payable to us, you agree to promptly pay such Withholding Taxes and obtain and deliver to us proof of payment of such Withholding Taxes together with official evidence thereof issued by the governmental authority concerned, sufficient to enable us support a claim for a tax credit in respect of any sum so withheld. If we are unable to obtain such tax credit due to your failure to comply with the above provision, then you agree to pay to us a sum equal to the amount of the tax credit we are not able to claim as a result of your failure.
4.7 Change of Fees
Descasio reserves the right to change the fees. Notices of such changes shall be communicated in line with the provisions relating to Notices in this Agreement.
5. Use Policy
5.1 Acceptable Use
Transform your business with no-code automations
5.1.1 Using the Plug in connection with any illegal, fraudulent, immoral or otherwise socially reprehensible purposes including but not limited to materials that infringe intellectual property rights or other rights of third parties, narcotics, other controlled substances, steroids or illicit drugs.
5.1.2 Using Plug in connection with the following high risk activities without Descasio’s prior written approval, activities related to;
a. Selling securities, business opportunities, franchise, multi-level marketing, or for the pre-order of goods;
b. Sexually oriented or obscene materials or services;
c. Buying, selling or other activities relating to cryptocurrencies;
d. Inbound and outbound international money transfer services;
e. Wagers, gambling debts or gambling winnings, regardless of the location or type of gambling activity;
f. Offering or conduct any form of direct marketing activities (such as, but not limited to inbound and/or outbound telemarketing activities) and travel related services;
g. Controlled or regulated substances, prescription or proprietary drugs and non-prescription (over the counter) medicines;
h. High-value jewelry, precious stones, gems, gold, platinum, silver or minerals; and/or
i. Tobacco or liquor.
5.2 Restricted Activities
You agree that your activities and your information (including prompts, instructions and correspondence) connected with our Service shall not:
5.2.1 Be false, inaccurate or misleading;
5.2.2 Be fraudulent or involve the sale of counterfeit or stolen items;
5.2.3 Be related in any way to terrorism and/or criminal activities, including but not limited to unauthorised firearms or weapons;
5.2.4 Infringe on any third party’s copyright, patent, trademark, trade secret or other property rights or rights of publicity or privacy;
5.2.5 Violate any law, statute, ordinance, contract or regulation (including, but not limited to, those governing financial services, consumer protection, unfair competition, antidiscrimination, or false advertising);
5.2.6 Be defamatory, libelous, unlawfully threatening or unlawfully harassing;
5.2.7 Be obscene or contain child pornography;
5.2.8 Contain or have any connection with viruses, trojan horses, worms, time bombs, cancel bots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or other personal information; or
5.2.9 Create liability for us or cause us to lose (in whole or in part) the services of our ISP’s or other suppliers. If you use, or attempt to use the Service for purposes other than those specified on the Plug website or managing your account, including but not limited to tampering with, hacking, modifying or otherwise corrupting the security or functionality of the Service, we will be entitled to terminate your account and you will be liable to claims for damages and other lawful penalties, including criminal prosecution where applicable.
5.3 Access and Interference
You agree that you will not use any robot, spider, other device, or manual process to monitor or copy our web pages or content relating to Plug without our prior express written permission. You agree that you will not use any device, software or routine to attempt to interfere with the proper working of the Plug site or any activities conducted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Most of the information on our site is proprietary or is licensed to us. You agree that you will not copy, reproduce, alter, modify, create derivative works, publicly display or frame any content from our website without our prior express written permission.
5.4 Our Remedies and Right to terminate or restrict your activities
Without limiting other remedies available to us, we may verify inaccurate or incorrect information you provide to us, contact you by means other than by electronic means, immediately warn our community of your actions, limit access to an account and any or all of the account’s functions (including but not limited to the ability to send money or make payments), limit activities, indefinitely suspend or close your account, terminate this Agreement and refuse to provide our Services to you if:
5.4.1 You breach this Agreement or the documents it incorporates by reference;
5.4.2 We are unable to verify or authenticate any information you provide to us;
5.4.3 We believe that your account or activities pose a significant fraud risk to us or third parties;
5.4.4 We believe that your actions may cause loss or legal liability for you, our users or us;
5.4.5 We believe that any applicable rule, regulation or law may affect your use of the platform.
5.4.6 Your use of Plug is deemed by us to constitute abuse of the Service or risk thereto.
For the avoidance of doubt, if a fraudulent activity is associated with the operation of your Plug profile, you agree that we have the right to apply restrictions to the profile and report to appropriate law enforcement agencies.
5.5 Suspension of Activated Mandates
5.5.1 Without recourse to you, we may suspend any instruction initiated by you if;
a) We consider such suspension would be in the interest of any of the stakeholders on the platform; or
b) There are reasonable grounds to suspect a compromise of security or any unauthorized activity connected to your use.
5.5.2 Further to clause 5.5.1, you understand that a suspension will impact your ability to use the Service or complete any duly authorized transaction for the duration of such suspension. In such an instance, we shall not be liable to you in connection with the suspension.
5.6 Privacy and Security
5.6.1 We regard the protection of users’ privacy with utmost importance. We understand clearly that you and your Information are one of our most important assets. We store and process your Information on computers that are protected by physical as well as technological security devices. We do not give your personal information to third parties for marketing purposes without your consent. You may object to your information being used in this way and thereby opt out from using our Services. Please ensure that you read our privacy policy available on our website. By consenting to this Agreement, you also consent to our privacy policy.
5.6.2 You hereby grant us the right to conduct any investigation in any manner we deem fit, on your background and operations, including but not limited to credit background checks, banking relationships and financial history. In addition, you hereby give us your consent to disclose the details of any investigation conducted pursuant to this clause, to Government representatives and/or regulators, without recourse to you.
6. Warranty and Service Disruption
6.1 We warrant that the service will in all material respects, deliver on the agreed terms herein. Should the service be disrupted to such an extent that there is likely to be an adverse effect to the service provided, we will endeavor to notify you of such within a reasonable time. In the event of any service delay or failure, we shall take necessary steps to ensure speedy service restoration and reduce to the barest minimum the extent of such service failures. However we shall not be liable to you for any loss or damage.
6.2 You shall, upon written request by us, provide us with any information we request of you, including your company registration documents, and you hereby give us your consent to disclose any information obtained pursuant to this clause, to any government agency of regulator.
7. Confidentiality
By the nature of this Agreement, the parties may have access to information that is confidential to one another, such confidential information shall include the parties’ business methods, salary structure, marketing strategies, pricing, competitor information, and all other information designated as confidential by either party. Each party agrees to maintain the confidentiality of such information and to protect the other party’s confidential information by using all reasonable efforts to prevent any unauthorized copying, use, distribution, installation or transfer of possession of such information.
8. Trademarks and other Intellectual Property rights
Plug and all logos, products, services or other content on our websites are the intellectual property of Descasio Limited, or its licensors or suppliers, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Descasio. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Descasio and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Descasio.
Neither this Agreement, nor your use of Plug will convey title or any interest or rights in Descasio’s intellectual property rights.
9. Assignability
You may not transfer any rights or obligations you may have under this Agreement without our prior written consent. We reserve the right to transfer this Agreement or any of our rights and/or obligations under this Agreement. You may be able to continue to use the platform after such an assignment, if you consent to it.
10. Legal Compliance
You shall comply with all applicable Nigerian laws, and regulations, regarding your use of our Services.
If any specific term or condition violates the law, that term alone shall stand severed or amended as far as is necessary to comply with the law.
11. Notices and Amendment
11.1 Notices
You agree that these Terms and Conditions constitute “an Agreement duly signed or executed by “you” under any applicable law or regulation. To the fullest extent permitted by applicable law, this Agreement and any other agreements, notices or other documents regarding your account and/or your use of the Service, may be provided to you electronically and you agree to receive all Notices from Descasio in electronic form.
You may print a copy of any Notice and retain it for your records. All Notices in either electronic or paper format will be considered to be in “writing and to have been received and shall become effective thirty (30) days after being posted or placed on our website.
11.2 Notice Procedure
11.2.1 Notices from you to Descasio shall be by email from you to plug_admin(at)plugonline.io .
11.2.2 Notices by us to you may be placed on our website, www.plugonline.io, or sent to your email address registered with us.
11.2.3 A notice by email shall be deemed received by the other party, once the email is sent, unless the sending party is aware that the email was not received.
11.2.4 Notice posted to our website shall also be deemed received upon your visit to our site or your first log-in subsequent to the posting.
11.3 Amendment
We may amend this Agreement at any time by notice to you or posting the amended terms on Plug.net. All amended terms shall be effective thirty (30) days (or any other date as we may determine) after publishing it on our website.
12. Dispute Resolution
12.1 Negotiated Settlement or Mediation
In the event of a dispute arising between you and Descasio, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. In the event of any dispute, the Parties shall seek to resolve any such dispute amicably between themselves or through a negotiated settlement and in the event of their inability to resolve the dispute as aforesaid, the parties shall explore a mediated settlement with both Parties appointing one(1) Mediator who shall act as a catalyst for resolution.
12.2 Arbitration
If at any time the Parties are unable to amicably resolve any dispute(s) through negotiated settlement or mediation, either party shall refer the matter to be finally settled by arbitration in accordance with the Arbitration & Mediation Act, 2023. The arbitration shall take place in Lagos, Nigeria and be conducted in English Language. If the parties fail to agree on the Arbitrator, the Arbitrator shall be appointed by the President of the Chartered Institute of Arbitrators UK (Nigeria Branch). Each Party will bear its costs save for joint costs which will be borne jointly.
13. Extended Non-use
Your non-use of our platform for an extended period does not terminate this contract. Any monies due and payable by you to us before, during or after the period of your passivity shall remain payable and become due immediately upon your reactivation. Termination or non-use shall not relieve the continuing obligations under this Agreement, including but not limited to the requirements in the Clauses relating to Indemnification, Access and Interference, and Trademarks and other Intellectual Proprietary Rights of this Agreement.
14. General
14.1 You represent that you have the capacity to enter into this Agreement.
14.2 That you are an adult, eligible to operate banking services and that you are not under any contractual inhibition known to your national or international law.
14.3 If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforceable.
14.4 You agree that this Agreement and all incorporated agreements may be automatically assigned by Plug to a third party in the event of a merger or acquisition.
14.5 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section(s).
14.6 Our failure to act with respect to a breach by you or others does not amount to a waiver of our right to act with respect to subsequent or similar breaches.
14.7 The non-specification of a particular legal or equitable remedy shall not be construed as a waiver, prohibition or limitation of any legal or equitable remedies in the event of a breach of any of the clauses.
14.8 Each of the Parties acknowledge that it is acting as an independent contractor, and each Party has the sole right and obligation to supervise, manage, direct, procure, perform, or cause to be performed, all work or other obligations to be performed by such Party under this agreement.
15. Entire Agreement
This agreement and any documents referred to herein constitute the entire agreement between the parties and supersede any and all prior agreements between the parties, whether oral or written, with respect to the subject matter thereof.
16. Applicable Law
This Agreement shall be governed by and interpreted according to the laws of the Federal Republic of Nigeria.
17. Improvement and Changes
These functions of Plug are subject to continuous technological improvement and consequently may change. Changes to Plug’s functions and services shall be published by Descasio from time to time on our website and such published changes shall form part of this Agreement to the extent that they differ from the terms of this Agreement.
18. Force Majeure
Descasio shall not be in breach of its obligations under this Agreement or be responsible for any delay in carrying out its obligations if performance is prevented or delayed wholly or in part as a consequence of force majeure. Force majeure means any circumstance beyond the reasonable control of Descasio including but not limited to acts of war, state or national emergency, strike, rebellion, insurrection, government sanctions, actions of regulatory or supervisory authorities, accident, power failure, internet and communication link failure, fire, earthquake, flood, storm, tornadoes, hurricane, epidemic or pandemic, collapse of buildings, fire, explosion, events of force majeure declared by Descasio’ partners or service providers involved in the performance of Descasio’ obligations in this Agreement or any other act of God or any technical failure caused by devices, matters or materials.
