Last updated: May 20, 2020
Pleke may change these Terms at any time by posting the changes on the Website, and will use reasonable efforts to notify you of the changes. Such change will be effective immediately following the posting of the revised Terms and your continued use of the Services after we have posted changes to these Terms means that you agree to be bound by the changes, so please check the Terms posted on our Website regularly for any changes.
Pleke service is a personal finance information management service that allows you to consolidate and track your financial information (hereinafter the “Service”). The Service is available through our software mobile application. The Service stores data about accounts, categories, income and expense transactions, budget items and use them to compute account balance, available amount on each budget item and forecast of cashflow.
Pleke provides the Service as a tool to assist you in managing your personal finance.
Our Service is not intended to provide any tax, legal, financial planning, insurance, accounting, investment, or any other kind of professional advice or services, and nothing on this website should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any purchase decision, security, insurance policy, or investment strategy. Unless otherwise specified, you alone are solely responsible for determining whether any financial or insurance strategy, product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation.
Your Use of the Service.
General. You agree to the following in connection with your use of the Services:
You may not use the Services if you are under 18 years old or otherwise do not have legal capacity to form a binding contract.
You agree to abide by all applicable laws, regulations and rules in connection with your use of the Services.
You agree that you are solely responsible for all acts or omissions associated with your access and use of the Services and the access and use of the Services by anyone on your behalf.
In connection with your use of the Services, you will not:
- breach these Terms or any other applicable rules and instructions that Pleke may convey with respect to the use of the Services;
- interfere with, disrupt, circumvent or manipulate the functionality or operation of the Services;
- send automated or machine generated search queries or use robots, crawlers or similar applications to collect or compile content from the Services;
- display the Services or any part thereof in an exposed or concealed frame, or link to elements on the Services, such as images and videos, independently from the web pages on which they originally appear; and/or
- impersonate any person or entity, or making any false statement pertaining to your identity.
In connection with your use of the Services, you will not post, disseminate, transmit, or otherwise communicate through, or to the Services, or make available any User Submissions (defined below) or content on the Services, or when using the Services or any of the services therein, content which may reasonably be deemed as:
- Infringing or violating intellectual property rights of other parties, including patents, copyrights, trade secrets and trademarks;
- identifying minors, their personal details or their address and ways to contact them;
- software viruses, trojan horses, worms, vandals, spyware and any other malicious code;
- encouraging, supporting, assisting, providing instructions or advising in the committing of a criminal offense, under the applicable laws;
- constituting a violation of a person’s right for privacy or right of publicity;
- prohibited by any applicable law, including court restraining orders, to be posted, published, disseminated, or otherwise made available to the public;
- threatening, abusive, harassing, defamatory, libelous, vulgar, obscene or racially, ethnically or otherwise objectionable; and/or
- unsolicited commercial communications (‘spam’), chain letters, or pyramid schemes.
Access Removal or Block.
Pleke may, remove or block access to the Services, or any part thereof, for any reason that Plekemay consider to be justified in its sole discretion including, but not limited to:
- to prevent misuse of the Services;
- when Plekedeems the use of the Services to be in breach of these Terms, or a violation of any applicable law; or
- when your user account is terminated, either by yourself or by Pleke.
Access to Content.
Pleke may also remove or block access to some of the information made available through the Services after a certain period of time. Consequently, you may not find content that you previously had access to through the Services. The Services do not operate as an archive or file storage service and you are solely responsible for the backup of your content.
Registration and User Account.
BY REGISTERING AND USING THE SERVICES YOU REPRESENT AND WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER.
To login, you must use your email address. Alternatively, Pleke may provide you with a password for accessing your Service account on the Website. Pleke may also establish and require from time to time additional or different means of identification and authentication for logging in and accessing your account, or for accessing certain services on the Services.
You agree to maintain your login details in absolute confidentiality and refrain from disclosing them to others. Make sure that you change your password frequently and at least once every three months. You are fully accountable for any outcome that may result from your failure to provide true, accurate and complete details in the course of the registration process, and for any use or misuse of your account on the Services as a result of compromising your details or conveying them to someone else or not keeping them secure and confidential.
You may terminate your account at any time, by contacting Pleke by email at: email@example.com. Pleke may require you to verify your termination notice by sending Pleke an additional termination request message, either by e-mail or through any other means, as a prerequisite for termination of your account. Your account on the Services will be terminated within 10 days following your notification, and from that date of termination you will no longer be able to access your account.
Privacy and your Personal Information.
You can view Pleke privacy statement here and on the Site for the Services. You agree to the applicable Pleke privacy statement, and any changes published by Pleke. You agree that Pleke may use and maintain your data according to the Pleke’s privacy statement, as part of the Services. You give Pleke permission to combine information you enter or upload for the Services with that of other users of the Services and/or other Pleke services. For example, this means that Pleke may use your and other users’ non-identifiable, aggregated data to improve the Services or to design promotions. Pleke may access or store personal information in multiple countries, including countries outside of your own country to the extent permitted by applicable law.
Notwithstanding any remedies that may be available to Pleke under any applicable law, Pleke may temporarily or permanently deny, limit, suspend, or terminate your user account, prohibit you from accessing the Services (or any part thereof), remove content and take technical and legal measures to keep you off the Services, if Pleke believes that:
- you have abused your rights to use the Services; or
- you have breached the Terms; or
- you have performed any act or omission that violates any applicable law, rules, or regulations; or,
- you have performed any act or omission which is harmful or likely to be harmful to Pleke, or any other third party, including other users, and providers of the Services; or,
- you conveyed your password to another person; or
Except in cases where your continued use of the Services may expose Pleke or any third party to risk or harm, Pleke will reasonably attempt to receive your response and give you prior notice, when applicable, prior to taking the above actions.
Links to Other Sites.
Offers From Marketing Partners.
We will never use your financial information to generate offers for financial products and services from our marketing partners that may be of interest to you. Although Pleke does not charge you to use our Services, we may receive compensation from an option to remove marketing partners for promoting their products and services through our Services. That compensation means that we can continue providing the Services free of charge to our users and continue developing the Services to make them work even better for you.
Correction of Errors.
Pleke makes an effort to ensure the reliability of the information that appears in Pleke’s Services. However, errors may occur. If you believe that any information sent or published by Pleke on the Services is erroneous, please inform Pleke at firstname.lastname@example.org.
Content and Marks. All rights, title and interest in and to the: (i) Services and any part thereof; (ii) text, documents, articles, brochures, descriptions, graphics, photos, sounds, videos and interactive features on the Services (collectively, the “Materials”), (ii) the Services’ products, services and Software (collectively, “Software”); (iii) User Submissions (as defined below and together with the Materials and Software, the “Content”), and (iv) the trademarks, service marks and logos contained therein (“Marks”), including patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights, and any goodwill associated therewith, are the property of and are owned by Pleke or its licensors, and may be protected by applicable copyright or other intellectual property laws and treaties. Except as expressly set forth herein, nothing in these Terms shall be construed as transferring any rights to you or any third party. Pleke, and its licensors, reserve any and all rights not expressly granted in these Terms.
Use of the Services and Content.
Unless expressly permitted in these Terms, you may not copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of the Services or Content or any portion thereof, either by yourself or by a third party on your behalf, in any way or by any means, including, but not limited to electronic, mechanical or optical means. Content on the Services is provided to you on an ‘as is’ and ‘as available’ basis for your information and personal use only. If you use or print a copy of the Content you must retain all copyright and other proprietary notices contained therein.
Use of Marks.
You may not adapt or use otherwise any name, mark or logo that is identical, or confusingly similar to the trademarks, services marks and logos of Pleke and other providers of the Services. You must avoid any action or omission which may dilute, or tarnish Pleke’s goodwill. “Pleke”, the Pleke logo, and other marks are Marks of Pleke or its affiliates. All other trademarks, service marks, and logos used on the Services are the trademarks, service marks, or logos of their respective owners.
License to User Data.
By entering financial data and any type of information, you grant Pleke a royalty-free, worldwide, non-exclusive, perpetual, irrevocable, transferable license, to copy, distribute, adapt, sub-license and process such data in order to provide the service of sync and data restore on new devices once you connect to your User Account. You further waive all moral rights and rights of attribution with respect to the use of your User Data.
You agree to abide by all messages and signs pertaining to proprietary rights, such as — Copyright mark [©] or Trademark [® or ™] accompanying the Services and any content provided through the Services. You agree to retain and avoid distorting such signs and notices in any copy thereof.
Changes in the Service.
Pleke may make changes to the Services at any time. The changes may include, for example, the scope or type of Services, the layout or display and the Services’ content. Prior notice may be given in the event of material changes. The changes may cause inconvenience or even malfunctions at first although Pleke will do everything possible to minimize these events. You agree and acknowledge that Pleke does not assume any responsibility with respect to, or in connection with the introduction of such changes or from any malfunctions or failures that may result thereof.
Website and Service Availability.
The availability and functionality of the Services, or any part thereof, depends on various factors and elements, including software, hardware and communication networks that are partially provided by third parties. These factors are not fault free. Despite Pleke’s efforts, Pleke does not warrant or guarantee that the Services will operate without disruption, errors or interruptions, or that it will be accessible or available at all times.
Termination of Operation.
Pleke may at all times and in Pleke’s sole discretion, terminate the operation of the Services, or any part thereof, temporarily or permanently. In such an event, and when possible, Pleke will provide prior notice of termination.
You agree and acknowledge that Pleke does not assume any responsibility with respect to, or in connection with the termination of the Services’ operations and loss of any data as a result.
DISCLAIMER OF WARRANTY.
THE SERVICE IS PROVIDED ON AN “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, PLEKE DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES OR OTHERWISE ARISING FROM OR RELATING TO THESE TERMS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY AND ANY REPRESENTATIONS AND WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE SERVICES IS ENTIRELY, OR TO THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.
PLEKE DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE SERVICES WILL ALWAYS COMPUTE THE CORRECT BALANCE OF ACCOUNTS, AVAILABLE AMOUNT IN BUDGET ITEMS AND FORECAST OF CREDIT CARD STATEMENTS AND CASHFLOW. ANY ERRORS OR ISSUES FOUND CAN BE REPORTED TO PLEKE AND WILL BE FIXED AS SOON AS POSSIBLE.
LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, NEITHER PLEKE, NOR ANY OF PLEKE’S AFFILIATES NOR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, VENDORS, PARTNERS OR AGENTS (COLLECTIVELY, THE “PLEKE PARTIES”), SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OR LOSSES (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES OR PAYMENTS, WHETHER CLAIMED IN AN ACTION UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR ANY OTHER THEORY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE SERVICES, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICES, OR FROM ANY FAULT, OR ERROR MADE BY PLEKE or PLEKE’S STAFF OR ANYONE ACTING ON PLEKE’S BEHALF, OR FROM YOUR RELIANCE ON THE SERVICES OR CONTENT AVAILABLE ON THE SERVICES, OR FROM ANY COMMUNICATION WITH THE SERVICES, OR FROM ANY DENIAL OR CANCELLATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE OR ANY OTHER USE OR LOSS OF YOUR CONTENT ON THE SERVICES. IN ANY EVENT, TO THE EXTENT THAT ANY OF THE PLEKE PARTIES ARE IN ANY RESPECT FOUND TO BE LIABLE DESPITE THE PRECEDING SENTENCE, THEN THE MAXIMUM AGGREGATE LIABILITY OF THE PLEKE PARTIES TO YOU SHALL BE LIMITED TO THE FIFTY US DOLLARS. THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY EVEN IF PLEKE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Some states do not allow the types of limitations in this paragraph, so they may not apply to you.
You agree to indemnify, defend and hold harmless, Pleke and each of the other Pleke Parties, at your own expense and immediately after receiving a written notice from Pleke, from and against any damages, awards, settlements, loss, costs, expenses and payments, including reasonable attorney’s fees and legal expenses, resulting from any complaint, claim, action or demand, arising from your use of the Services, or from any communications that you convey through the Services, or from your breach of the Terms, or any other terms, rules or regulations applicable to the Services, or from your alleged violation or infringement of any other person’s rights.
Governing Law and Jurisdiction.
These Terms and your use of the Service, and any disputes directly or indirectly arising from these Terms or your use of the Services, shall be governed by and construed in accordance with the laws of the state of Sao Paulo, BRAZIL without giving effect to any choice of law or conflict of law rules or provisions, whether Federal, or of the State of Sao Paulo or of any other jurisdiction, which would result in the application of the laws of a jurisdiction other than the state of Sao Paulo.
You agree to resolve any dispute or claim that you may have against Pleke exclusively in the state and federal courts located in Sao Paulo, Sao Paulo, Brazil. You hereby irrevocably consent and submit to the exclusive jurisdiction of such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
It is our policy to respect the legitimate rights of copyright owners, and we will respond to clear notices of alleged copyright infringement in accordance with our Copyright Policy which may be viewed at www.pleke.com/copyright (“Copyright Policy”).
- Pleke’s e-mail:
These Terms constitute the entire agreement between you and Pleke with respect to the Services and supersedes any and all other agreements with respect to the Service.
Failure on Pleke’s part to demand performance of any provision in the Terms shall not constitute a waiver of any of Pleke’s rights under the Terms.
Changes in Ownership.
Pleke may transfer its business relating to the Services, or any part thereof, to an affiliated company or a third party, including, but not limited to, by merger, sale of equity interests, sale of all or substantially all assets or other change of control transaction involving such business. In the case of such business transfer, Pleke will transfer your details and information to the acquirer of such business and you hereby give your prior consent thereto. In such an event, and when possible, notice will be given of the business transfer.
Your rights and obligations under the Terms are not assignable, but may be assigned by Pleke without restriction or notification to you. Any attempted or actual assignment thereof by you will be null and void without Pleke’s prior and explicit consent in writing.
The section headings in the Terms are included for convenience only and shall take no part in the interpretation, or construing of the Terms “including”, whether capitalized or not, means without limitation.
If any provision of the Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law, and the remaining provisions of the Terms shall continue to remain in full force and effect.
The provisions of these Terms titled Intellectual Property, License to User Submissions, Disclaimer of Warranty, Limitation of Liability, Indemnification, Governing law and Jurisdiction, General, Changes in Ownership, No Assignment, Interpretation, Severability and Survival and any other provisions which by their nature would reasonably be expected to survive, shall survive any termination or expiration of your use of the Services.