Terms of Use (EULA)
These Terms of Use (EULA) constitute a legally binding contract made between you, whether personally or on behalf of an enterprise entity ("you", "user" or "Partner") and Pluto ("we," "us" or "our"), concerning your access to, integration with, and use of the Pluto mobile application, localized database storage systems, checkout channels, and web interfaces.
1. Scope of Agreement & Platform Operations
Pluto operates a collaborative digital marketplace connecting local service and product vendors ("Ateliers") with retail customers. Pluto provides the baseline software technology, FSSAI metadata fields, catalog directories, and automated transaction logs. By downloading, registering, executing, or initiating transactions in the App, you agree that you have read, understood, and agree to be bound by all of these Terms of Use, including Apple's standard Licensed Application End User License Agreement (EULA). IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE APP AND YOU MUST DISCONTINUE USE IMMEDIATELY.
2. Partner Subscription Tiers & Pricing
Pluto offers premium tier upgrades for Atelier accounts to expand catalog caps and unlock visual markers on user feeds. The subscription levels and monthly rates are configured as follows:
- Silver Plan: Expands your catalog allowance to a maximum of 10 active product listings.
- Gold Plan: Expands your catalog allowance to a maximum of 20 active product listings, displays the Gold Partner Badge, and enables custom styled borders.
- Platinum Plan: Grants an unlimited catalog listing quota (up to 1,000 active listings), displays the Platinum Star Badge, activates custom animated glowing borders on customer feeds, and grants highest priority placement in geographic searches.
3. Auto-Renewable Subscriptions & Billing Mechanisms
All subscription upgrades inside the Pluto App are managed as auto-renewable monthly billing cycles. When initiated on iOS through Apple StoreKit:
- Payment Processing: Payments are charged to your Apple Account/iTunes Account at confirmation of purchase.
- Auto-Renewal: The subscription automatically renews at the end of each monthly cycle (every 30 days) for the same price unless auto-renew is disabled in your account settings at least 24 hours prior to the expiration of the current active period.
- Subscription Management: You can manage, upgrade, downgrade, or cancel auto-renewal by navigating to your Apple Account settings on your device after purchase. Cancellations take effect at the end of the current billing cycle, and no partial refunds are permitted.
4. Licensed Application End User License Agreement (EULA) - User Conduct & Objectionable Content
Pluto maintains a strict, zero-tolerance policy regarding illegal, harmful, offensive, or abusive behaviors. By utilizing our catalog listing and booking platform, you agree to the following EULA conditions:
- Objectionable Content: Partners are strictly prohibited from uploading, publishing, or listing products, services, images, or descriptions that contain sexually explicit materials, graphic violence, hate speech, defamatory comments, harassment, weapons, illegal substances, or infringing intellectual property. All UGC (User Generated Content) must conform to local community standards.
- Abusive Conduct: Users may not engage in abusive chat communications, threat behaviors, fraudulent transactions, or attempts to exploit other platform users.
- Moderation and Takedown: Pluto's administration team actively reviews all product catalogs, comments, and transaction notes. We reserve the absolute right, without prior notice, to edit, delete, or hide any listing containing objectionable content and permanently ban or suspend the account of any user violating these standards within 24 hours of notification.
- Reporting Abuse: Users can report abusive listings or behavior immediately by selecting the 'Report' button on any catalog or contacting support at breakingstocks1@gmail.com.
5. Interactive User-Generated Content & Moderation SLA
Any content you upload, post, or publish to Pluto is categorized as User-Generated Content (UGC). Pluto does not claim ownership of your UGC. However, you grant Pluto an irrevocable, non-exclusive, royalty-free, worldwide license to host, cache, distribute, and display your UGC for catalog purposes. You represent that you possess all legal permissions and licenses (including FSSAI regulatory compliance certifications where applicable) for your listings. We enforce a 24-hour review Service Level Agreement (SLA) on all user reports. If content is reported by any customer or flagged by our automated review algorithms, our moderation team will inspect it and take enforcement actions (takedowns, warnings, or account bans) within 24 hours.
6. Financial Wallets & Ledger Policies
Partners are provided with an integrated digital wallet. The wallet tracks all sales proceeds, manual booking credits, and administrative fees:
- Wallet Balances: Customers may choose to pay for bookings using their Pluto Cash Wallet. Upon booking confirmation, the customer's balance is deducted and the partner's wallet is credited, minus a standard platform commission (e.g. 10%).
- Payouts: Partners can request payout withdrawals of their settled wallet balances directly to their linked bank accounts. Payout processing takes 2-3 business days and requires valid tax registrations where applicable.
- Simulated Payments: During local testing, manual payment simulations credit the vendor's wallet balance instantly to ensure thorough verification of local transaction ledgers.
7. Intellectual Property & Brand Protection
The Pluto brand name, logo, custom graphics, source code, backend algorithms, database schema, and mobile software are the intellectual property of Pluto. You may not decompile, reverse-engineer, extract, or scrape any data from the application. If you believe any user-generated content on our platform infringes your copyright or trademark, you can submit a takedown claim to admin@breakingstocks.in, providing proof of registration and the specific catalog links.
8. Limitation of Liability & Indemnification
To the maximum extent permitted by law, Pluto, its directors, employees, or agents shall not be liable to you or any third party for direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profits, lost revenue, loss of data, or other damages arising from your use of the app. You agree to defend, indemnify, and hold Pluto harmless from and against any loss, damage, liability, claim, or demand made by any third party due to or arising out of your UGC, your violation of these terms, or your infringement of intellectual property rights.
9. Governing Law & Dispute Resolution
These Terms of Use and your relationship with Pluto shall be governed by, construed, and enforced in accordance with the laws of India. Any legal dispute, controversy, or claim arising out of this agreement shall be settled through binding arbitration in accordance with the Arbitration and Conciliation Act, 1996. The place of arbitration shall be New Delhi, India, and the proceedings shall be conducted in English. The courts located in New Delhi, India shall have exclusive jurisdiction over any challenges to arbitration or enforcement actions.
10. Severability, Force Majeure, & Terms Updates
If any provision of these Terms of Use is found to be invalid or unenforceable, that specific clause shall be severed, and the remaining terms will remain in full force and effect. Neither party shall be liable for failures due to force majeure (acts of God, cellular network outages, payment gateway disruptions, state-ordered internet blockages). We reserve the right to revise these terms from time to time. The revised version will be indicated by the Revised Date at the top, and continued usage of the application indicates your compliance with all terms.
11. Corporate Contact coordinates
For any legal questions, complaints regarding service performance, disputes regarding auto-renewable billing cycles, or reports of objectionable user behavior, please contact us immediately:
- Email Support: breakingstocks1@gmail.com
- Corporate Legal: admin@breakingstocks.in
- Grievance Office: admin@breakingstocks.in
12. Apple App Store Compliance & Mandatory EULA Disclosures
In accordance with Apple's App Store Review Guidelines, the following terms represent supplemental mandatory covenants between you (the End User) and Pluto (the Developer):
- 12.1 Acknowledgment: You and Pluto acknowledge that this EULA is concluded solely between you and Pluto, and not with Apple Inc. Pluto, not Apple, is solely responsible for the Licensed Application and the content thereof. This EULA does not conflict with, or provide for usage rules that are in conflict with, the Apple Media Services Terms and Conditions as of the Effective Date.
- 12.2 Scope of License: The license granted to you for the Licensed Application is limited to a non-transferable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that such Licensed Application may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
- 12.3 Maintenance and Support: Pluto is solely responsible for providing any maintenance and support services with respect to the Licensed Application, as specified in this EULA or as required under applicable law. You and Pluto acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
- 12.4 Warranty & Refund: Pluto is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Licensed Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Pluto.
- 12.5 Product Claims: You and Pluto acknowledge that Pluto, not Apple, is responsible for addressing any claims of you or any third party relating to the Licensed Application or your possession and/or use of that Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the Licensed Application’s use of the HealthKit and HomeKit frameworks, if any. This EULA does not limit Pluto's liability to you beyond what is permitted by applicable law.
- 12.6 Intellectual Property Infringement: You and Pluto acknowledge that, in the event of any third party claim that the Licensed Application or your possession and use of that Licensed Application infringes that third party’s intellectual property rights, Pluto, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- 12.7 Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- 12.8 Third-Party Agreements: You must comply with applicable third-party terms of agreement when using the Licensed Application (e.g., you must not be in violation of your wireless data service agreement when using the application).
- 12.9 Third-Party Beneficiary: You and Pluto acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this EULA, and that, upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary thereof.
- 12.10 Developer Name, Address & Contact Details: Please direct all questions, complaints, or claims regarding this Licensed Application to: Breaking Stocks Networks Private Limited, Guwahati, Assam, India. Telephone: +91 8446378505, Email: admin@breakingstocks.in.