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Service Specific Terms for the Uprise Services
EFFECTIVE DATE: December 20, 2022
These Service Specific Terms (Uprise Service Terms) are part of the Terms of Service for Plume Services (Plume Terms) and apply to the Plume Services known as the Uprise Services. The Uprise Services are the suite of services that offers fast and reliable Wi-Fi technology designed for use in a multi-dwelling-unit property ( MDU Property).
PLEASE CAREFULLY READ THESE UPRISE SERVICE TERMS TOGETHER WITH THE PLUME TERMS. THEY INCLUDE IMPORTANT INFORMATION ABOUT YOUR RELATIONSHIP WITH PLUME AND HOW DISPUTES BETWEEN PLUME AND YOU ARE RESOLVED.
1. Key Definitions for the Uprise Services
For your convenience, many of the capitalized terms used in these Uprise Service Terms are defined in this Section 1:
- Customer means the entity or person that holds an account for a Membership to the WorkPass Services or HomePass Services that is used in a unit that is part of the MDU Property. A Customer that uses the WorkPass Services is a WorkPass Customer and a Customer that uses the HomePass Services is a HomePass Customer.
- Network Equipment means Plume Products (as defined in the Plume Terms) or similar Wi-Fi extenders, OpenSync-enabled gateways and other on-premise Wi-Fi network equipment used to create a WorkPass Customer’s WorkPass Network or a HomePass Customer’s HomePass Network in a MDU Property.
- HomePass Network means the Wi-Fi network created by a HomePass Customer’s use of the HomePass Services together with Network Equipment.
- Property Operator means the entity that creates an account for the Uprise Services.
- User means a natural person authorized by a Customer to access and use the Customer’s WorkPass Network, including Guests and employees, or the Customer’s HomePass Network, as applicable.
- WorkPass Network means the Wi-Fi network created by a WorkPass Customer’s use of the WorkPass Services together with Network Equipment.
- You means (as context dictates) the Customer, Property Operator or User that uses the Plume Services.
All other capitalized terms used but not defined in these Uprise Service Terms have the meanings given in the Plume Terms.
2. Uprise Services Description
The Uprise Services provide a single interface for Property Operators that deploy the Plume Services. A MDU Property may contain (i) residents that use the HomePass Services, (ii) small business tenants that use the WorkPass Services and (iii) shared community spaces in which the Property Operator offers Wi-Fi access through a WorkPass Network. Property Operators can manage the tenant move-in and move-out process and provide troubleshooting to offer a seamless experience for visitors and tenants. The Uprise Services consist of:
Connect all the shared areas of the MDU Property with a branded open network and private property network for tenants. Lobby allows guests and tenants to access Wi-Fi connectivity anywhere on the MDU Property using Network Equipment.
Monitor the occupancy of building spaces and connect safety sensors and other IoT devices to a common property-wide network. Inspect establishes a private network on a separate VLAN, which can be selectively broadcasted in the property to provide coverage for IoT, media, security or other-property owned devices.
Manage tenant transitions and monitor the health of one or more MDU properties with a GUI management system. Hive supports both APIs and portal GUI interfaces for Property Operators to directly setup, remove and transition tenant states. Property level APIs and portal views provide overall health and activity for each MDU Property for quick check of problem areas for investigation.
Cloud-based clustering and airtime load-balancing algorithms consider the MDU Property’s density and tenant airtime needs to optimize based on changing loads. Harmony is fully cloud enabled, and benefits from regular updates to improve the efficiency of the algorithm. Daily tracking of the effectiveness of the algorithm is reported for each tenant in the MDU Property through custom KPIs.
3. How these Uprise Service Terms Apply
Property Operators and tenants that are WorkPass Customers must agree to the WorkPass Service Terms. Tenants who are HomePass Customers must agree to the HomePass Services Terms. These Uprise Services Terms do not supersede or replace the WorkPass Service Terms or HomePass Services Terms, as applicable, with respect to WorkPass Customers or Home Pass Customers, as applicable.
If any term of these Uprise Service Terms conflict with the Plume Terms, then these Uprise Service Terms control with respect to the Uprise Services. Purchases from Plume’s online store are governed by the Terms of Sale. The End User License Agreement governs the software embedded in Plume Products.
4. Updates to the Uprise Services
Plume may in its sole discretion develop and provide Updates (as defined in the Plume Terms), some of which may modify or delete in their entirety certain features and functionality of the Uprise Services. You agree that Plume has no obligation to provide Updates or to continue to provide or enable any particular feature or functionality.
5. Disclaimer Of Warranties and Limitations of Liability
THE PLUME SERVICES AND THIRD-PARTY MATERIALS AND OTHER CONTENT AVAILABLE THROUGH THE PLUME SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS.
SECTIONS 11 AND 12 OF THE PLUME TERMS INCLUDE EXCLUSIONS, DISCLAIMERS AND LIMITATIONS OF LIABILITY THAT APPLY TO YOUR USE OF THE WORKPASS SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR OTHER LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A USER, SO SOME OR ALL OF THE EXCLUSIONS, DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU.
6. Arbitration Notice
Except for certain kinds of disputes, the Plume Terms require you to resolve any dispute with Plume through arbitration on an individual basis and not as part of any class or representative action. You and Plume are each waiving the right to a trial by jury. Please see “Agreement to Arbitrate” in Section 13 of the Plume Terms for more information.
7. How to Contact Plume
If you have questions, please contact Plume at [email protected].