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TERMS OF SERVICE

Date of Last Revision: September 27, 2024

1. Welcome to PLC Automator!

1.1 Introduction:

PLC Automator (“PLC Automator,” “we,” “us,” “our”) provides its services (described below) to you through its website located at plcautomator.com (the “Site”) and through its related web applications (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (the “Terms of Service”).

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY GOVERN YOUR USE OF THE SITE AND SERVICES.

1.2 Modifications to Terms of Service:

We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do modify these Terms of Service, depending on the nature of the change, we will post the changes on this page and indicate at the top of this page the date these terms were last revised and/or notify you, either through the Services’ user interface, in an email notification or through other reasonable means, as required by applicable law. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. In addition, when using certain Services, you will be subject to any additional terms applicable to such Services that may be posted on the Service from time to time.

1.3 Privacy:

At PLC Automator, we respect the privacy of our users. For details, please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.

2. Access and Use of the Service

2.1 Use Description:

The PLC Automator service and any content generated through our service are intended solely for your personal and non-commercial use, unless explicitly authorized otherwise. Upon acquiring a license to use PLC Automator, we grant you a limited, non-exclusive, and non-transferable license to use the software and access the content generated through the service for the purpose of programming PLCs. Except for this limited license, no right, title, or interest is transferred to you. You agree not to use the service for unauthorized public or commercial purposes. PLC Automator reserves the right to revoke your license at any time at its sole discretion. Upon such revocation, you must cease all use of the service and immediately delete any generated content, if applicable.

2.2 Your Registration Obligations:

You may be required to register with PLC Automator in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 16 years of age, you are not authorized to use the Service, with or without registering. Additionally, if you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian.

2.3 Member Account, Password, and Security:

You may never use another person’s account, nor provide someone else with your username and password to access your account. You should maintain control over all devices used to access the Service. If you fail to maintain control of a device, other users may access the Service through your account and may be able to access certain information from your account. You are fully responsible for any and all activities that occur under your password or account, and it is your responsibility to ensure that your password remains confidential and secure. You agree to (a) immediately notify PLC Automator of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session when accessing the Service. PLC Automator will not be liable for any loss or damage arising from your failure to comply with this section.

2.4 Modifications to Service:

PLC Automator reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that PLC Automator will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service. We have no obligation to retain any of your Account or Submitted Content for any period of time beyond what may be required by applicable law.

2.5 General Practices Regarding Use and Storage:

You acknowledge that PLC Automator may establish general practices and limits concerning the use of the Service, including, without limitation, the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on PLC Automator’s servers on your behalf. You agree that PLC Automator has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that PLC Automator reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that PLC Automator reserves the right to change these general practices and limits at any time, at its sole discretion, with or without notice.

3. Refund Policy

PLC Automator offers a subscription-based service with various membership levels, each providing different functionalities. Below are the terms of our refund policy, applicable to all membership levels: Basic, Advanced and Pro. This policy takes into account the usage of the service and the subscription terms.

3.1 Refunds for Paid Plans

For users who purchase any paid plan (Advanced or Pro), refunds may be issued under the following conditions:

3.1.1 Refund Conditions

Users have the right to request a refund within the first 15 days after purchasing the service, provided they have not used more than 30% of the monthly requests included in their plan.

If a user has consumed more than 30% of the monthly requests, they are no longer eligible for a refund as the costs associated with GPT model usage have already been incurred by the company.

3.1.2 How to Request a Refund

To request a refund, users must email info@plcautomator.com within the first 15 days after purchasing the plan. The following information is required:

  • Full name registered with the account.
  • Email address associated with the account.
  • Membership level purchased.
  • Reason for the refund request.

Once the request is received, the user’s consumption will be reviewed to determine eligibility. If the user meets the requirements stated in section 3.1.1, the refund will be processed within 14 business days.

3.2 Cases Where Refunds Do Not Apply

Refunds will not be granted in the following cases:

  • If the user has violated the Terms of Service of PLC Automator, including but not limited to system abuse, misuse, or fraudulent attempts.
  • If the user has consumed more than 30% of the requests allocated in their plan, as detailed in section 3.1.1.
  • If the user is on a free trial, as no payment has been made.

3.3 Long-Term Plans (Annual Subscriptions)

For annual subscription plans, the same refund conditions apply during the first 15 days of the first month. After this period, no refunds will be granted as the service will be considered to have been used regularly. Users on annual plans are also subject to the same 30% usage limit during the first month to be eligible for a refund.

3.4 Abuse of the Refund Policy

If PLC Automator determines that a user is abusing the refund policy, the company reserves the right to suspend or terminate the user’s account without notice and without issuing any refund. This includes, but is not limited to, fraudulent refund requests or repeated misuse of the system to gain free access to the services.

4. Conditions of Use

4.1 User Conduct

You are solely responsible for all content, including code, images, information, data, text, software, graphics, messages, or other materials (“content”) that you upload, post, publish, or display (hereinafter, “upload”) or email or otherwise use via the service. PLC Automator reserves the right to investigate and take appropriate legal action against anyone who, in its sole discretion, violates this provision, including without limitation, removing the offending content from the service, suspending or terminating the account of such violators, and reporting them to the relevant authorities. You agree not to use the service to:

  • Upload or transmit any content that (i) infringes any intellectual property or proprietary rights of any party; (ii) you do not have the right to upload under any law or contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; (iv) creates a privacy or security risk for any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of PLC Automator, is objectionable or which restricts or inhibits any other person from using or enjoying the service, or which may expose PLC Automator or its users to any harm or liability of any type.

  • Interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies, or regulations of networks connected to the service.

  • Violate any applicable local, state, national, or international law, or any regulations that have the force of law.

  • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; solicit personal information from anyone under the age of 18.

  • Harvest or collect email addresses or other contact information of other users from the service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.

  • Advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized.

  • Further or promote any criminal activity or enterprise or provide instructional information about illegal activities.

  • Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided through the service.

4.2 Fees

To the extent that the Service or any portion thereof is made available for a fee, you will be required to select a payment plan and provide PLC Automator with information regarding your credit card, PayPal, or other valid payment instrument. You represent and warrant to PLC Automator that such information is true and that you are authorized to use the payment instrument. You agree to promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. If you use payment services like Stripe or PayPal, ensure that you comply with the security policies and requirements, such as Strong Customer Authentication (SCA) under the European Union’s Payment Services Directive (PSD2).

You agree to pay PLC Automator the amount specified in the selected payment plan (as well as any applicable taxes, including VAT or other applicable taxes) in accordance with the terms of such plan and these Terms of Service. By this agreement, you authorize PLC Automator to bill your payment instrument in accordance with the terms of the applicable payment plan (as well as any applicable taxes) until you terminate your account. Furthermore, you agree to pay any charges so incurred.

If you dispute any charges, you must notify us within sixty (60) days after the date on which the charge occurred. Failure to notify within this period will result in acceptance of the charges.

We reserve the right to change PLC Automator’s prices at any time, with the corresponding notice in compliance with applicable regulations. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the revised amount.

You are responsible for all taxes associated with the Services, including, but not limited to, VAT or other applicable taxes in your jurisdiction within the European Union. Please note that these taxes vary by region, and additional fees may apply depending on your location.

4.3 Recurring Subscriptions:

If you select a Service with an auto-renewal feature (“Recurring Subscription”), you authorize PLC Automator to maintain your account information and automatically charge your account upon the renewal of the Service you have chosen, with no further action required on your part.

In the event that PLC Automator is unable to process the payment on your account as authorized when you enrolled in a Recurring Subscription, PLC Automator may, at its sole discretion: (i) bill you for the Service and suspend your access to it until payment is received, and/or (ii) attempt to update your account information through third-party sources (such as your bank or payment processor) to continue with the payment authorized by you.

PLC Automator may change the price of Recurring Subscriptions from time to time and will notify you in advance of any price changes, as required by local law, along with instructions on how to accept those changes. Price changes for Recurring Subscriptions will take effect at the beginning of the next subscription period following the date of the price change. You accept the new price by continuing to use your Recurring Subscription after the price change takes effect. If you do not agree with the price changes, you may cancel your Recurring Subscription before the price change takes effect.

You may cancel a Recurring Subscription at any time, but no fees already paid will be refunded unless they meet the refund requirements outlined in section 3.2.1. After any cancellation, you will continue to have access to the service through the end of your current subscription period.

If you purchase any Service through a third-party payment provider or marketplace (e.g., Stripe, PayPal), the refund policy of that third-party provider will apply unless explicitly stated otherwise by PLC Automator. Except as explicitly stated otherwise by PLC Automator, the third-party provider or marketplace will be solely responsible for processing refunds according to its own policy, and PLC Automator will have no refund obligations related to such purchases.

Nevertheless, PLC Automator reserves the right to apply its own refund policies if there is no conflict with the payment provider’s policies or if the payment platform permits such an option. In such cases, PLC Automator will evaluate refund requests based on its discretion and the regulations outlined in these terms of service.

If you subscribed on our website, you can cancel your subscription by contacting Support at info@plcautomator.com or by accessing your account settings, selecting “Cancel” under the Subscription section, and following the on-screen instructions to proceed with the cancellation.

4.4 Commercial Use:

Unless otherwise expressly authorized herein or by PLC Automator in writing, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or upload for any commercial purposes any portion of the Service, use of the Service, or access to the Service. The Service is intended solely for your non-commercial, personal use, unless otherwise agreed with PLC Automator.

5. Intellectual Property Rights

5.1 Service Content, Software, and Trademarks:

You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by PLC Automator, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service, you will not engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. If you are blocked by PLC Automator from accessing the Service (including blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of PLC Automator, our affiliates, and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by PLC Automator.

The PLC Automator name and logos are trademarks and service marks of PLC Automator (collectively the “PLC Automator Trademarks”). Other product and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners, who may or may not endorse or be affiliated with or connected to PLC Automator. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of PLC Automator’s Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of PLC Automator Trademarks will inure to our exclusive benefit.

6. Indemnity and Release

To the fullest extent permitted by law, you agree to release, indemnify, and hold PLC Automator, its affiliates, directors, employees, agents, and representatives harmless from any and all losses, damages, expenses (including reasonable attorneys’ fees), claims, actions, or injuries (including death) arising out of or relating to your use of the Service, any generated content, your connection to the Service, improper use of the generated ladder diagrams, or any violation of these Terms of Service or the rights of third parties.

You acknowledge that you are solely responsible for correctly applying the ladder diagrams generated by PLC Automator in PLC systems or any industrial setting. PLC Automator will not be liable for any damage, injury, or negative consequence resulting from the improper or incorrect use of the diagrams, as it is expected that you use the software responsibly and professionally, ensuring its correct implementation and supervision in the respective industrial processes.

If you are a resident of a specific jurisdiction, you also waive any equivalent statute or regulation that may limit this release of liability.

7. Disclaimer of Warranties

Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis. Except as otherwise expressly provided herein, PLC Automator expressly disclaims all warranties of any kind, whether express, implied, or statutory, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

PLC Automator makes no warranty 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, or (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations.

8. Limitation of Liability

You expressly understand and agree that PLC Automator will not be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if PLC Automator has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability, or otherwise, resulting from: (i) the use or inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; or (v) any other matter relating to the Service.

In no event will PLC Automator’s total liability to you for all damages, losses, or causes of action exceed the amount you have paid PLC Automator in the last six (6) months, or, if greater, one hundred dollars ($100).

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. If you are dissatisfied with any portion of the Service or with these Terms of Service, your sole and exclusive remedy is to discontinue use of the Service.

9. Dispute Resolution

9.1 Amicable Dispute Resolution:

PLC Automator and its users recognize the importance of resolving any disputes fairly and promptly. Therefore, both parties commit to making every effort to resolve any disagreement, controversy, claim, or dispute arising from, or related to, the use of the software, the provision of services, or any aspect related to the terms and conditions, amicably and through direct negotiation between the parties.

In the event that a conflict arises, the party that believes a dispute exists must notify the other party in writing of the nature and details of the dispute, as well as the proposed solution. This notification must be sent through a means that ensures effective receipt (for example, via email or postal mail).

Both parties agree to respond promptly, with the intention of reaching an agreement within 30 days following receipt of the notification. During this period, both parties may exchange information, negotiate in good faith, and, if deemed necessary, request the intervention of an external mediator to facilitate the dialogue.

9.2 Mediation:

If the parties do not reach an agreement within the 30-day period through direct negotiations, either party may propose the involvement of an independent professional mediator. The mediator will be selected by mutual agreement and, if no consensus is reached, will be appointed by a recognized mediation institution. The costs of mediation will be shared equally by both parties unless otherwise agreed.

Mediation will be confidential, and any agreement reached will be binding on both parties.

9.3 Judicial Resolution:

If, after attempting to resolve the dispute amicably and, if applicable, through mediation, no satisfactory resolution is achieved, either party will have the right to submit the dispute to the courts of the applicable jurisdiction based on the following options:

  • The parties agree that any unresolved dispute or claim will be submitted to the courts in the country where the user resides, provided this is feasible under consumer protection regulations.

  • If this is not possible, the jurisdiction will be determined by the location of the servers from which PLC Automator’s service is provided or in the country of the software’s operating entity.

Both parties agree that this will be the only competent forum for resolving the dispute, waiving any other jurisdiction that may be applicable.

9.4 Limitations on Liability and Claims:

Any legal action related to the use of PLC Automator’s services or these Terms of Service must be initiated within one year from the date the cause of action arose. This means that the user has a maximum period of one year, starting from the moment the event giving rise to the claim occurs, to file any lawsuit or legal action against PLC Automator.

After that one-year period, any claims will be considered time-barred and will not be accepted. This limitation includes any legal actions arising from breach of contract, liabilities arising from the use of the software, or any other reason related to access and use of the services provided by PLC Automator.

9.5 Confidentiality of Negotiations and Mediations:

All information, documentation, and communications exchanged during the amicable resolution or mediation process will be strictly confidential and may not be used by either party in future legal or arbitration actions, unless both parties have provided prior written consent or it is required by law.

9.6 Exceptions to Amicable Resolution:

Notwithstanding the above, PLC Automator reserves the right to take immediate legal action to protect its intellectual property rights or to obtain urgent injunctive relief if it believes that its technology, content, or any other aspect related to its services is at risk. In such cases, amicable resolution will not be required before initiating legal action.

10. General

These Terms of Service constitute the entire agreement between you and PLC Automator, and govern your use of the Service, superseding any prior agreements between you and PLC Automator regarding the Service. You may also be subject to additional terms and conditions that apply when using third-party services, content, or software that are integrated or linked with PLC Automator’s services.

These Terms of Service will be governed by the laws of the country or jurisdiction determined as applicable according to the dispute resolution agreement, without regard to its conflict of law provisions. In the event of disputes not subject to amicable resolution or mediation, the parties agree to submit to the courts of the applicable jurisdiction as determined in the dispute resolution section. Both parties waive any other jurisdiction.

The failure of PLC Automator to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision in the future. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service will remain in full force and effect.

Any claim or cause of action arising out of or related to the use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

A printed version of this agreement and any notice provided in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

You may not assign or transfer these Terms of Service without the prior written consent of PLC Automator. However, PLC Automator may assign or transfer these Terms of Service, in whole or in part, without restriction, and without prior notice to users.

The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.

Notices to users may be made via email or by displaying notices on the service. PLC Automator will not be liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control, including but not limited to natural disasters, internet failures, outages, labor disputes, governmental actions, or any other event of force majeure.

12. Questions? Concerns? Suggestions?

If you have any questions, wish to report a violation of these Terms of Service, or have any concerns or suggestions regarding the Services.

You may contact us as follows:

 

Flavio Mendieta

38 Meelick Park, Cork. Ireland
info@plcautomator.com

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