Terms of Service

1. Acceptance of Terms

By accessing or using PluSync ("Service"), operated by Exelab SRL (VAT IT08990591003), you agree to be bound by these Terms of Service ("Terms"). You must be at least 18 years old or an authorized representative of a legal entity to use the Service. If you do not agree to these Terms, you must not access or use the Service.

These Terms constitute a legally binding agreement between you ("Customer", "you", or "your") and Exelab SRL ("Exelab", "we", "us", or "our").

2. Service Description

PluSync is a HubSpot connector platform that enables businesses to integrate external systems with HubSpot CRM. The Service provides the following capabilities:

• Event ingestion API for receiving data from external systems such as e-commerce platforms, ERPs, and custom applications
• Bidirectional sync engine for keeping data synchronized between HubSpot and connected systems
• Identity mapping across multiple stores and entity types to ensure consistent record matching
• Custom object and association support for complex HubSpot data models
• AI-powered configuration agent to assist with connector setup and troubleshooting
• Plugin system for implementing custom business logic within the sync pipeline

The Service is accessed via a web dashboard and REST API. Features and functionality may vary depending on your subscription tier.

3. Account Registration and Responsibilities

To use the Service, you must create an account and provide accurate, complete, and current registration information. You are responsible for maintaining the accuracy of this information and for updating it promptly if it changes.

You must keep your login credentials secure and confidential. You must not share your account credentials with unauthorized third parties. You agree to notify us immediately at [email protected] if you become aware of any unauthorized access to or use of your account.

You are responsible for all activity that occurs under your account, whether or not you have authorized such activity. Exelab SRL shall not be liable for any loss or damage arising from your failure to comply with these account security obligations.

4. Subscription and Billing

4.1 Subscription Tiers

The Service is offered in three tiers: Free, Pro, and Enterprise. The features, usage limits, and pricing for each tier are described on our pricing page and may be updated from time to time.

4.2 Billing Cycle

Paid plans are billed either monthly or annually, as selected by the Customer at the time of subscription. Subscriptions automatically renew at the end of each billing cycle unless cancelled at least 30 days before the renewal date.

4.3 Refund Policy

For annual plans: a pro-rata refund is available if the subscription is cancelled within the first 30 days of the initial subscription or renewal period. No refunds are issued after the first 30 days.

For monthly plans: no refunds are issued for partial billing periods. Your access to paid features continues until the end of the current billing period.

4.4 Price Changes

Prices are subject to change. We will provide at least 30 days' notice of any price changes via email and/or notice on the Service. Continued use of the Service after the price change takes effect constitutes acceptance of the new pricing.

5. Permitted Use and Restrictions

You agree to use the Service only for lawful purposes and in compliance with these Terms, all applicable laws and regulations, and HubSpot's terms of service. You shall not:

• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service
• Circumvent, disable, or interfere with rate limits, usage quotas, or other technical restrictions of the Service
• Use the Service, or any data or insights obtained from it, to build a competing product or service
• Transmit malicious code, viruses, worms, trojans, or any other harmful or disruptive data through the Service
• Attempt unauthorized access to the Service, its infrastructure, or any systems or networks connected to the Service
• Use the Service for any illegal purpose or in violation of any applicable local, national, or international law or regulation
• Violate HubSpot's Terms of Service in connection with your use of PluSync

We reserve the right to suspend or terminate your access to the Service if we reasonably believe you are in violation of these restrictions.

6. Intellectual Property

6.1 Exelab's Intellectual Property

The PluSync platform, including but not limited to its source code, documentation, trademarks, logos, visual design, and underlying technology, is the exclusive property of Exelab SRL and is protected by applicable intellectual property laws. Nothing in these Terms grants you any right, title, or interest in the Service beyond the limited right to use it in accordance with these Terms.

6.2 Customer's Data and Content

Customer retains full ownership of all data they input, upload, or process through the Service. Exelab SRL does not claim any ownership rights over Customer data.

6.3 Custom Plugins

Custom plugins developed by customers using the PluSync plugin system are the customer's intellectual property. Exelab SRL does not claim any ownership or license rights over customer-developed plugin code.

6.4 Aggregated Usage Data

Exelab SRL may collect and use anonymized, aggregated usage data (which does not identify any individual or customer) for the purposes of product improvement, analytics, and service optimization.

7. Data Processing

The processing of personal data in connection with the Service is governed by our Privacy Policy. By using the Service, you acknowledge that you have read and understood our Privacy Policy.

With respect to CRM and business data processed through the Service, the Customer acts as the data controller and Exelab SRL acts as the data processor, processing data solely in accordance with the Customer's instructions and for the purpose of providing the Service.

A Data Processing Agreement (DPA) is available upon request for enterprise customers. To request a DPA, please contact us at [email protected].

The Customer is responsible for ensuring the lawful collection, processing, and transfer of their end contacts' personal data, including obtaining any necessary consents or legal bases required under applicable data protection laws (such as the GDPR).

8. Service Availability and SLA

We use commercially reasonable efforts to maintain high availability of the Service. However, no specific uptime guarantee or service level agreement (SLA) is provided under these Terms unless separately agreed upon in a written enterprise agreement.

Scheduled maintenance will be communicated with at least 24 hours' notice when reasonably possible. We will endeavour to schedule maintenance during periods of low usage.

We are not liable for any downtime or service interruptions caused by third-party providers, including but not limited to HubSpot, hosting infrastructure providers, internet service providers, or other external systems and services.

9. Limitation of Liability

To the maximum extent permitted by Italian law:

• Exelab SRL's total aggregate liability for all claims arising out of or relating to these Terms or the Service shall not exceed the total fees paid by the Customer to Exelab SRL in the 12 months immediately preceding the event giving rise to the claim.
• In no event shall Exelab SRL be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, loss of business opportunities, loss of goodwill, or cost of procurement of substitute services, regardless of the theory of liability.

These limitations shall not apply to liability arising from gross negligence (colpa grave) or willful misconduct (dolo) as defined under the Italian Civil Code (Codice Civile).

10. Indemnification

Customer agrees to indemnify, defend, and hold harmless Exelab SRL, its officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from or related to:

• Customer's misuse of the Service or violation of these Terms
• Customer's violation of applicable data protection laws or regulations
• Customer's breach of any representation or warranty made in these Terms
• Any third-party claims related to Customer's use of the Service or data processed through it, including claims from end users or data subjects

11. Termination

11.1 Termination by Either Party

Either party may terminate the subscription by providing 30 days' written notice to the other party.

11.2 Termination for Cause

Exelab SRL may terminate the agreement immediately if the Customer commits a material breach of these Terms, subject to a 15-day cure period where the breach is reasonably curable. Notice of breach and the opportunity to cure will be provided in writing.

11.3 Effects of Termination

Upon termination of the agreement:

• Customer has 30 days to export their data from the Service using the available export tools or API
• After the 30-day export period, Exelab SRL will delete all Customer data from its systems, except where retention is required by applicable law
• Access to the Service and all paid features will cease at the end of the notice or cure period

11.4 Surviving Provisions

The following provisions shall survive termination of these Terms: Intellectual Property (Section 6), Limitation of Liability (Section 9), Indemnification (Section 10), and Governing Law and Dispute Resolution (Section 12).

12. Governing Law and Dispute Resolution

12.1 Governing Law

These Terms are governed by and construed in accordance with the laws of Italy, without regard to its conflict of law principles.

12.2 Negotiation

In the event of any dispute arising out of or relating to these Terms, the parties shall first attempt to resolve the dispute through good-faith negotiation for a period of 30 days from the date of written notice of the dispute.

12.3 Arbitration

If the dispute cannot be resolved through negotiation, it shall be submitted to binding arbitration under the rules of the International Chamber of Commerce (ICC). The seat of arbitration shall be Milan, Italy, and the proceedings shall be conducted in English.

12.4 Injunctive Relief

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm pending the outcome of arbitration.

12.5 EU Online Dispute Resolution

For disputes involving consumers within the European Union, the EU Online Dispute Resolution platform may be used where applicable. The platform is accessible at ec.europa.eu/odr.

13. Severability

If any provision of these Terms is found by a court of competent jurisdiction to be unenforceable, invalid, or illegal, the remaining provisions shall continue in full force and effect. The unenforceable provision shall be modified or replaced with the closest enforceable equivalent that reflects the original intent of the parties to the greatest extent permitted by applicable law.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide at least 30 days' notice of any material changes via email to the address associated with your account and/or by posting a notice on the Service.

Continued use of the Service after the notice period constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must discontinue use of the Service before the changes take effect.

For enterprise customers with active written agreements, material changes to these Terms require written consent from both parties.

15. Contact

If you have any questions about these Terms of Service, please contact us:

• General inquiries: [email protected]
• Privacy inquiries: [email protected]

Exelab SRL
Italy
VAT: IT08990591003