Plushcap, Inc. Terms of Service

If you signed a separate Cover Page to access the Product with the same account, and that agreement has not ended, the terms below do not apply to you. Instead, your separate Cover Page applies to your use of the Product.

This Agreement is between Plushcap, Inc. and the company or person accessing or using the Product. This Agreement consists of: (1) the Order Form below and (2) the Framework Terms defined below.

Our Privacy Policy explains how we collect, use, and disclose personal information.

Eligibility: Individual users must be at least 13 years old and meet any higher minimum age for independent use or consent required by applicable law. Users under the age of legal majority must have permission from a parent or guardian to use the Product and enter this Agreement.

If you are accessing or using the Product on behalf of your company, you represent that you are authorized to accept this Agreement on behalf of your company. By signing up, accessing, or using the Product, Customer indicates its acceptance of this Agreement and agrees to be bound by the terms and conditions of this Agreement.

Cover Page

Order Form

Framework Terms: This Order Form incorporates and is governed by the Framework Terms that are made up of the Key Terms below and the Common Paper Cloud Service Agreement Standard Terms Version 2.1, which are incorporated by reference. Any modifications to the Standard Terms made in the Cover Page will control over conflicts with the Standard Terms. Capitalized words have the meanings given in the Cover Page or the Standard Terms.

Cloud Service: A software engineering trends and competitive analysis service that helps companies plan, execute, and distribute technical go-to-market work, available through the Plushcap web application, APIs, MCP server, and integrations including ChatGPT.

Technical Support: Email support is available at [email protected] without a guaranteed response time.

Order Date: The Effective Date.

Subscription Period: One month for free-tier access and monthly paid subscriptions (including Accelerate), or 12 months for annual subscriptions (including Lead), as specified in the selected plan or applicable Order Form.

Certain parts of the Product have different pricing plans, which are available at Provider’s pricing page. Customer will pay Provider the applicable Fees based on the Product tier and Customer’s usage. Provider may update Product pricing by giving at least 30 days notice to Customer (including by email or notification within the Product), and the change will apply in the next Subscription Period. Modifying Section 4.1 (Fees), Fees are inclusive of applicable taxes.

Free Tier: Free-tier access is a monthly subscription with Fees of $0 and is subject to the applicable free-plan limits. It automatically renews for successive one-month Subscription Periods unless either party gives notice of non-renewal before the end of the current Subscription Period or the subscription is terminated under this Agreement.

Payment Process:

Automatic payment: For subscriptions paid automatically, including monthly Accelerate subscriptions, Customer authorizes Provider to bill and charge Customer’s payment method on file according to the selected billing period for immediate payment or deduction without further approval.

Invoicing: For invoiced subscriptions, including annual Lead subscriptions, Customer will pay invoices within 30 days of the invoice date (Net 30), unless a separate Cover Page or applicable Order Form specifies a different payment deadline.

Non-Renewal Notice Date: Before the end of the current Subscription Period. Customer may cancel renewal at any time before the next renewal without 30 days’ advance notice. Customer will retain access through the end of the current paid billing period.

Use Limitations: Customer’s use of the Product is limited to the number of user seats provided under the applicable plan, subscription, or Order Form. Each user seat may be assigned to one individual user at a time. User accounts and login credentials may not be shared. Customer’s use of the APIs and MCP server is also subject to the applicable plan’s usage limits and quotas.

Permitted Use and Results

Customer’s permitted use of the Product and its Results depends on Customer’s subscription as described below. All use remains subject to this Agreement, applicable third-party rights, and the applicable plan, subscription, user-seat limits, usage limits, and quotas.

Results: Data, reports, analyses, summaries, visualizations, exports, and other outputs made available to Customer through Customer’s authorized use of the Product.

Free Access: During access without a paid subscription, including free-tier access or an unpaid trial, Customer may use the Product and Results solely for lawful personal or internal business purposes. Customer may copy, modify, combine, and create derivative works from Results only as needed for those purposes. Customer may not publish, publicly display, distribute to third parties, sell, resell, or sublicense Results, or use the Product or Results to develop a competing product or service. To the extent Provider holds intellectual property rights in Results, Provider grants Customer a non-exclusive, worldwide, royalty-free, non-transferable, and non-sublicensable license under those rights solely for these purposes during that access.

Paid Access: During an active paid subscription, Customer may use the Product and Results for any lawful purpose, including personal, commercial, marketing, advertising, publishing, research, consulting, and work for clients or other third parties. Customer may use, copy, modify, combine, create derivative works from, publish, publicly display, distribute, sell, resell, sublicense, and otherwise share or commercially exploit Results, including incorporating them into Customer’s or its clients’ content, products, and services and using them to develop a competing product or service. An active paid subscription is a subscription for which Fees are payable under the selected plan or applicable Order Form; free-tier access and unpaid trials do not qualify.

To the extent Provider holds intellectual property rights in Results, Provider grants Customer a non-exclusive, worldwide, royalty-free, transferable, and sublicensable license under those rights to exercise the Paid Access permissions solely during Customer’s active paid subscription. No further approval, additional Fees, or attribution to Provider is required for uses permitted by that license. Customer may transfer or sublicense those rights only for a period that ends no later than Customer’s active paid subscription.

License Duration: The licenses in this section end when Customer’s applicable access, trial, or subscription expires or terminates and do not survive expiration or termination of the Agreement. Paid Access permissions also end when Customer downgrades to free-tier access or an unpaid trial. Customer must then cease uses permitted only under Paid Access and require its transferees and sublicensees to cease those uses. Customer may continue to exercise Free Access permissions while eligible for that access. Cancelling renewal of a paid subscription does not end Paid Access permissions before the end of the current paid Subscription Period.

Third-Party Materials: Content, data, software, or services owned or supplied by third parties, including articles, posts, videos, images, trademarks, and linked resources. Results may contain, refer to, summarize, or analyze Third-Party Materials. Provider grants rights only to the extent it is authorized to do so. Customer’s use of Third-Party Materials must comply with Applicable Laws and applicable third-party rights and licenses, including any applicable attribution requirements. Customer may obtain permission or rely on applicable legal exceptions where available.

Third-Party Material Disclaimer: Modifying Sections 6 (Representations & Warranties), 7 (Disclaimer of Warranties), and 9 (Indemnification), Third-Party Materials are provided “AS IS” and “AS AVAILABLE”. To the maximum extent permitted by Applicable Laws, Provider makes no warranty and has no liability to Customer for their accuracy, completeness, availability, legality, or non-infringement, or for Customer’s use or redistribution of those materials. Provider does not undertake to indemnify or defend Customer against claims to the extent they arise from Third-Party Materials, including their inclusion, quotation, summary, or analysis in Results. This paragraph does not exclude liability that cannot lawfully be excluded or limit Provider’s obligations concerning Customer Content, confidentiality, or Applicable Data Protection Laws.

Changes to the Standard Terms: This section controls over conflicting restrictions in Sections 1.1 (Access and Use), 2.1 (Restrictions on Customer), and 11 (Reservation of Rights). The internal-business-purpose limitation and the restrictions on copying, distribution, derivative works, and competing products are modified only to the extent expressly permitted above for Customer’s applicable access, trial, or subscription. These permissions do not authorize sharing account credentials, reselling access to the Product, or copying, modifying, or distributing the Product’s underlying software or source code. Customer may not use the Product or Results with any High Risk Activities. All other terms of the Agreement continue to apply.

AI Training and Marketing Permissions

AI and Machine Learning: Replacing Section 1.6 (Machine Learning), Provider does not use Customer Content or Usage Data to develop, train, or enhance artificial intelligence or machine learning models by default. Provider will use this data, or permit service providers acting on its behalf to use it, for these purposes only with Customer’s prior explicit written or electronic opt-in consent. This requirement applies to Provider’s and third-party models, including when the data is aggregated or de-identified. Accepting this Agreement or using the Product does not constitute consent to model training. This restriction controls over any conflicting data-use permissions in Sections 1.4 (Feedback and Usage Data) and 1.5 (Customer Content).

Customer Content and Usage Data may be processed by existing AI or machine learning models as needed to provide Product features requested by Customer; that processing does not authorize model training. Information generated by AI or machine learning features may be incorrect or inaccurate and is not a substitute for human oversight. These terms do not reduce Provider’s obligations under Applicable Data Protection Laws.

Customer Names and Logos: Replacing Section 12.8 (Logo Rights), Provider may identify Customer as a customer or use Customer’s name, logo, or other brand assets in marketing or publicity only with Customer’s prior explicit written or electronic permission, and only within the scope of that permission. Accepting this Agreement or using the Product does not grant that permission.

Customer Content Deletion

Replacing Section 5.5(b) (Effect of Termination), following expiration or termination of the Agreement, Provider will delete Customer Content within 90 days after receiving Customer’s request, subject to the retention provisions in Section 5.6(b) (Survival). If Applicable Laws or an applicable data processing agreement require earlier deletion, the earlier deadline applies.

Key Terms

Customer: The company or person who accesses or uses the Product. If the person accepting this Agreement is doing so on behalf of a company, all use of the word “Customer” in the Agreement will mean that company.

Provider: Plushcap, Inc.

Effective Date: The date Customer first accepts this Agreement.

Governing Law: The laws of the State of Delaware.

Chosen Courts: The state or federal courts located in Delaware.

Covered Claims:

General Cap Amount: The Fees paid or payable by Customer to Provider in the 12-month period immediately before the claim. For claims arising from free-tier access, the General Cap Amount is one month of free-tier Fees ($0). This cap remains subject to Section 8.4 (Exceptions).

Indemnification Liability: Provider’s total cumulative liability for its indemnification obligations, including defense costs, settlements, and damages, is included in and does not increase the General Cap Amount under Section 8 (Limitation of Liability), subject to Section 8.4 (Exceptions).

Notice Address:

For Provider: [email protected]

For Customer: The main email address on Customer’s account.