Terms of Service
Last updated: January 6th, 2025
When we say “Company”, “we”, “our”, or “us” in this document, we are referring to OÜ Rikimaru, a private limited company incorporated in Estonia (registry code 17051852).
When we say “Services”, we mean our websites, including processplot.com, and any product created and maintained by the Company, whether delivered within a web browser, desktop application, mobile application, or another format.
When we say “You” or “your”, we are referring to the people or organizations that own an account with one or more of our Services. Our ownership policy is:
- Accounts are owned by the organization detailed during signup, if this is a legal entity. If the organization is unincorporated, the account is owned by the individual who signed up for the account.
- When you sign up and create a ProcessPlot account, the person who originally signed up for the account is the default designated Admin user. Again, unless the organization is not a legal entity, the account and data held in it, is ultimately owned by the organization.
We may update these Terms of Service (“Terms”) in the future. Typically these changes have been to clarify some of these terms by linking to an expanded related policy. Whenever we make a significant change to our policies, we will refresh the date at the top of this page and take any other appropriate steps to notify account holders.
When you use our Services, now or in the future, you are agreeing to the latest Terms. There may be times where we do not exercise or enforce a right or provision of the Terms; however, that does not mean we are waiving that right or provision. These Terms do contain a limitation of our liability.
If you violate any of the Terms, we may terminate your account.
These Terms and any disputes arising out of or relating to them shall be governed by the laws of Estonia. Any disputes shall be resolved exclusively in the courts of Estonia.
1. Account Terms
- You are responsible for maintaining the security of your account and password and for ensuring that any of your users do the same. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. We recommend all users set up two-factor authentication for added security. In some of our Services, we may require it.
- You may not use the Services for any of the following purposes (“service abuse”), and you may not permit any of your users to do so:
- Collect or extract information and/or user data from accounts which do not belong to you.
- Circumvent, disable, or otherwise interfere with security-related features of the Services.
- Trick, defraud, or mislead us or other users, including but not limited to making false reports or impersonating another user.
- Upload or transmit (or attempt to upload or to transmit) viruses or any type of malware, or information collection mechanism, including 1×1 pixels, web bugs, cookies, or other similar devices.
- Interfere with, disrupt, or create an undue burden on the Services or the networks or the Services connected.
- Harass, annoy, intimidate, or threaten others, or any of our employees engaged in providing any portion of the Services to you.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
- Use the Services in a manner inconsistent with any applicable laws or regulations.
- Accounts found to be conducting service abuse are subject to cancellation without prior notice.
- You are responsible for all content posted to and activity that occurs under your account, including content posted by and activity of any users in your account.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
2. Payment, Refunds, and Plan Changes
- You need to pay in advance to get access to the Service. We will charge your card immediately and your billing cycle starts on the day of payment. Your subscription includes a specified usage limit, and you will receive a warning if you approach or exceed this limit. If you continue beyond the quota, you agree that additional charges may apply or that you may upgrade to a higher-tier plan.
- If you stop paying, we will freeze your account and it will be inaccessible until you make payment. If your account has been frozen for a while, we will queue it up for auto-cancellation.
- All fees are inclusive of all taxes, levies, or duties imposed by taxing authorities on the Company. Otherwise, you are responsible for payment of all taxes, levies, or duties.
- All purchases are final. The Company does not offer refunds for any subscriptions or services.
3. Cancellation and Termination
- You are solely responsible for properly canceling your account. Users with an Admin role can cancel the account directly from the billing management settings within our Services. An email or phone request to cancel your account is not automatically considered cancellation. If you encounter issues canceling your account, please contact our Support team, and we will assist you promptly.
- Our legal responsibility is to account owners, which means we cannot cancel an account at the request of anyone else. If for whatever reason you no longer know who the Admin role users are, contact us. We will gladly reach out to any current Admin role users at the email addresses we have on file.
- All of your content will be inaccessible from the Services immediately upon account cancellation. Within 30 days, all content will be permanently deleted from active systems and logs. Within 60 days, all content will be permanently deleted from our backups. We cannot recover this information once it has been permanently deleted. You should export any data you wish to retain before cancelling your account.
- If you cancel the Service before the end of your current paid up month, your cancellation will take effect at the end of the paid up month, and you will not be charged again. We do not automatically prorate unused time in the last billing cycle.
- We have the right to suspend or terminate your account and refuse any and all current or future use of our Services for any reason at any time. Suspension means you and any other users on your account will not be able to access the account or any content in the account. Termination will furthermore result in the deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. We also reserve the right to refuse the use of the Services to anyone for any reason at any time. We have this clause because statistically speaking, out of the hundreds of thousands of accounts on our Services, there is at least one doing something nefarious. There are some things we staunchly stand against and this clause is how we exercise that stance.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of a Company employee or officer will result in immediate account termination.
4. Modifications to the Service and Prices
- We reserve the right at any time to modify or discontinue, temporarily or permanently, any part of our Services with or without notice.
- Sometimes we change the pricing structure for our products. When we do that, we tend to exempt existing customers from those changes. However, we may choose to change the prices for existing customers. If we do so, we will give at least 30 days notice and will notify you via the email address on record. We may also post a notice about changes on our websites or the affected Services themselves.
5. Uptime, Security, and Privacy
- Your use of the Services is at your sole risk. We provide these Services on an “as is” and “as available” basis. We do not offer service-level agreements for our Services.
- We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other customers of the Services. Of course, we’ll reach out to the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of the Service for other customers.
- We take many measures to protect and secure your data through backups, redundancies, and encryption. We enforce encryption for data transmission from the public Internet. There are some edge cases where we may send your data through our network unencrypted.
- When you use our Services, you entrust us with your data. We take that trust to heart. You agree that the Company may process your data as described in our Privacy Policy and for no other purpose. We as humans can access your data for the following reasons:
- To help you with support requests you make. We’ll ask for express consent before accessing your account.
- On the rare occasions when an error occurs that stops an automated process partway through. We get automated alerts when such errors occur. When we can fix the issue and restart automated processing without looking at any personal data, we do. In rare cases, we have to look at a minimum amount of personal data to fix the issue. In these rare cases, we aim to fix the root cause to prevent the errors from recurring.
- To safeguard the Company. We’ll look at logs and metadata as part of our work to ensure the security of your data and the Services as a whole. If necessary, we may also access accounts as part of an abuse report investigation.
- To the extent required by applicable law, as an Estonian company with all data infrastructure located in the European Union, we only preserve or share customer data when compelled by a legally binding order from a European Union authority or a proper request under the General Data Protection Regulation (GDPR) or other applicable EU legislation. In limited circumstances, such as emergencies involving threats to life or safety, we may respond to urgent requests as permitted by law. If a non-EU authority requests assistance, our default stance is to refuse unless the request has been reviewed and approved by an EU government authority, compelling us to comply through procedures established under a valid mutual legal assistance treaty (MLAT) or equivalent agreement. In the event of an audit by a tax authority, we only share the minimum billing information required to complete the audit.
- We use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services. You can see a list of all subprocessors who handle personal data for ProcessPlot, as well as a list of Company Processors the Subprocessors List.
6. Copyright and Content Ownership
- All content posted on the Services must comply with applicable Estonian and European Union intellectual property laws. If you believe your intellectual property rights have been infringed, you may submit a claim in accordance with Estonian copyright law.
- You retain all ownership rights to the content you and your users submit to the Services. By posting content, you grant us a limited, non-exclusive, revocable, and geographically unrestricted license to use, reproduce, display, and distribute your content strictly for the purpose of providing the Services to you. This license terminates when you delete the content or your account, except where the content has been shared with others who have not deleted it.
- All user-generated content, including personal data contained within it, is processed in compliance with the General Data Protection Regulation (GDPR) and relevant Estonian laws. For details on how we manage personal data, please refer to our Privacy Policy
- We do not pre-screen content posted to the Services. However, in compliance with the EU’s Digital Services Act (DSA), we will act promptly to remove or disable access to content that violates applicable laws, these Terms, or that we otherwise deem inappropriate, upon receiving a valid notice.
- The Company or its licensors retain all rights, title, and interest in and to the Services, including all associated intellectual property rights. This includes, but is not limited to, the HTML, CSS, JavaScript, and visual design elements of the Services. Use of the Services does not grant you any ownership rights. You may not copy, reproduce, or reuse any portion of the Services without express written permission from the Company, except as permitted under applicable copyright exceptions such as fair use under Estonian and EU law.
- If you wish to use the Company’s logos or branding for promotional purposes, you must first request and obtain our express written permission by contacting our Support team. The Company reserves the right to revoke such permissions at any time if you violate these Terms, use the branding in a misleading or harmful manner, or for any other reason, provided the revocation is made in good faith.
- You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Services, the use of the Services, or access to the Services without the express written consent of the Company. This restriction does not limit your rights to use the Services as allowed under applicable copyright exceptions.
7. Features and Bugs
We design our Services with care, based on our own experience and the experiences of customers who share their time and feedback. However, there is no such thing as a service that pleases everybody. We make no guarantees that our Services will meet your specific requirements or expectations.
We also test all of our features extensively before shipping them. As with any software, our Services inevitably have some bugs. We track the bugs reported to us and work through priority ones, especially any related to security or privacy. Not all reported bugs will get fixed and we don’t guarantee completely error-free Services.
We mention liability throughout these Terms but to put it all in one section:
You expressly understand and agree that the Company shall not be liable, in law or in equity, to you or to any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to these Terms or the Services, whether as a breach of contract, tort (including negligence whether active or passive), or any other theory of liability.
In other words: choosing to use our Services does mean you are making a bet on us. If the bet does not work out, that’s on you, not us. We do our darnedest to be as safe a bet as possible through careful management of the business; investments in security, infrastructure, and talent; and in general giving a damn. If you choose to use our Services, thank you for betting on us.
If you have a question about any of these Terms, please contact our Support team.
Adapted from the Basecamp open-source policies / CC BY 4.0.