Plan B Website Terms

PLEASE READ THESE TERMS CAREFULLY BEFORE YOU START TO USE THE SITE (EACH AS DEFINED BELOW). BY USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE COMPLETELY READ, UNDERSTAND, AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, AS AMENDED OR MODIFIED BY ANY SUBSEQUENT AMENDMENT, CHANGE OR UPDATE, YOU MUST NOT ACCESS OR USE THE SITE.

Last updated: [19.08.2024]

What’s in these Terms?
1. These terms and conditions (including any documents expressly incorporated by reference, these “Terms”) govern the use of our website, [planb.sv] (together with any sub-domains of our website, unless expressly excluded by their own terms and conditions, the “Site”). Click on the links below to go straight to more information on each area:
  - What do these Terms not cover?
  - How are these Terms accepted?
  - How might these Terms be updated?
  - Who are we?
  - Do we provide financial information or investment advice?
  - We may make changes to, suspend or withdraw the Site
  - How do you contact us?
  - How may you use the information on our Site?
  - Can you use our intellectual property?
  - Can you link to our Site?
  - Beta or Pre-release Testing
  - How may we use your feedback?
  - How may we use your personal information?
  - Our liability for the Site
  - Governing law and other miscellaneous terms
What do these Terms not cover?
1. Purchases made through the Site will be governed by their own specific terms and conditions related to the transaction. By making a purchase through the Site, you agree to be bound by the terms and conditions of sale (“Purchase Terms”), which will be provided to you at the point of sale and differ from these Terms of website use. These Purchase Terms may include, without limitation, payment terms, return and refund policies, and warranties (if any). Please review those Purchase Terms carefully before completing your transaction. In the event of any conflict between these Terms and the Purchase Terms, the Purchase Terms shall prevail insofar as they relate to any purchase made through the Site.
How are these Terms accepted?
1. By using the Site, you acknowledge that you have completely read, understand, and agree to be bound and abide by these Terms. If you do not agree to these Terms, as amended or modified by any subsequent amendment, change or update, you must not access or use the Site.
2. These Terms constitute a contract between ALTKEY ESA, S.A.S. DE C.V. (together with any assigns or successor operators of the Site, “we”, “us”, and “our”) and you (each of you and us being a “Party” and collectively, the “Parties”).
3. Our Privacy Policy [https://planb.sv/privacy-policy/] (the “Privacy Policy”) is incorporated into these Terms by reference. Except as set out in paragraph 2.1 as to Purchase Terms, in the event of any inconsistency between these Terms and any other pages, policies, terms, conditions, licenses, limitations, or obligations contained within or on the Site, these Terms shall prevail.
How might these Terms be updated?
1. We may modify or amend these Terms at any time in our sole discretion without prior notice to you. No consent of any person is required for any modification or amendment to these Terms. All modifications or amendments are effective immediately when we post them on the Site.
2. Your continued use of the Site following the posting of modified or amended Terms shall be deemed to constitute your acceptance and agreement to any such modifications or amendments. You are expected to check this page each time you access the Site so you are aware of any changes, as they are binding on you.
3. We recommend that you print a copy of these Terms for future reference.
Who are we?
1. The Site is a website operated by ALTKEY ESA, S.A.S. DE C.V., with NIT 0623-230724-105-6 an El Salvador Corporation (Sociedad de Acciones Simplificadas de Capital Variable) with its registered office at Entre 63 y 65 Avenida Sur, Pasaje 1, Casa 1, Colonia Escalón San Salvador, El Salvador.
2. We may transfer our rights and any obligations under these Terms (or any part of these Terms) to another organisation, with or without notice to you.
Do we provide financial information or investment advice?
1. Absolutely not. The Site provides information regarding the Plan ₿ Forum in El Salvador, an initiative dedicated to the in-depth discussion, debate, risk awareness and study (including through masterclasses) of the applications of distributed ledger technology (in particular, Bitcoin and Tether tokens). Users should note that Tether tokens are issued by our affiliate. The Site does not invite or induce any investment in digital assets or projects that constitute financial services or investment proposals, whether by us, our affiliates or any third parties, and we do not offer Bitcoin, any other cryptocurrency, or any regulated investments through our Sitenor we are authorized as Digital Assets Service Providers (“DASPs”), Issuers of Digital Assets or Certifiers by El Salvador´s Commission of Digital Assets (“CNAD”) under El Salvador´s Digital Assets Law. Any content on the Site is provided for information only, and we disclaim any liability in this respect.
We may make changes to, suspend or withdraw the Site
1. We may make changes to the Site from time to time at our sole discretion to reflect changes to our services, our users’ needs, our business priorities, or otherwise. No consent of any person is required for any changes to be made to the Site.
2. We do not guarantee that the Site, or any content on it, will always be available or be uninterrupted. We have the right to suspend, withdraw, or restrict your access to all or any part of the Site for any or no reason, including, without limitation, any violation of these Terms.
How do you contact us?
1. If you have any questions or concerns about these Terms or the use or content of our Site, please contact us at pbf-es@planblugano.zendesk.com.
How may you use the information on our Site?
1. Use of the Site. We grant you a personal, restricted, non-exclusive, non-transferable, non-sublicensable, revocable, limited license to use the Site, subject to the limitations and obligations set forth in these Terms.
2. No Reliance: All information provided to you on the Site is for general informational purposes only and should not be, and is not intended to be, relied upon or construed as professional advice. Any reliance you place on such information is strictly at your own risk. You should obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site. We make no representations, warranties, covenants, or guarantees, whether express, implied, or statutory, that the content on our Site is accurate, complete or up-to-date.
3. Third-Party Information: Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party links, you do so entirely at your own risk and subject to the terms and conditions of use for such linked websites.
Can you use our intellectual property?
1. Intellectual Property. The Site is protected by copyright, trademark, trade secret, and other intellectual property or proprietary rights laws in various jurisdictions. All rights not expressly granted to you in these Terms are reserved by us and our licensor(s). Except as expressly authorised in writing by us, you will not (a) license, sublicense, rent, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any person all or any part of the Site in any way; (b) copy, modify, republish, distribute, or make derivative works based upon all or any part of the Site; (c) “frame” or “mirror” all or any part of the Site on any other server or wireless or internet-based device; or (d) reverse-engineer or access all or any part of the Site in order to (i) build a competitive product or service, (ii) build a product or service using similar ideas, features, functions, or graphics of all or any part of the Site, or (iii) copy any ideas, features, functions, or graphics of all or any part of the Site.
2. Copyright Notice: Unless otherwise indicated, we are the owner or licensee of all content or, material published on, the Site (“Copyrights”). You agree not to appropriate, copy, display, or use the Copyrights or other content without our express, prior, written permission. Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged (except where the content is user-generated). You must not modify the paper or digital copies of any materials you have printed or downloaded in any way, and you must not use any illustrations, photographs, video, audio sequences or any graphics separately from any accompanying text. You may print or download extracts from our Site only for your personal use. You must not use any part of the content on our Site for commercial purposes without obtaining a license to do so from us or our licensors. If you print, copy, download, share or repost any part of our Site in breach of these Terms, your right to use our Site will cease immediately, and you must, at our option, return or destroy any copies of the materials you have made.
3. Trademarks: The trademarks, service marks, and trade names used on the Site, including both word marks and design marks (the “Mark(s)”), are owned or licensed by us. You agree not to appropriate, copy, display, reverse-engineer, or use the Marks or other content without our express, prior, written permission, including as a domain name, as a social media profile/handle, on a website, in an advertisement or other marketing, as or in connection with a phone number, as or in connection with an email address, in internet search results, in metadata or code, or in any other manner.
4. Prohibition on Registering or Using our Assets. You must not register, record, or otherwise control any domains, social media handles/profiles, Marks or other trademark or service mark registrations, trade names, or any other intellectual property rights featuring intellectual property owned by us or our licensor(s) directly or through a third party (“Prohibited Assets”). If we become aware that you own or control any Prohibited Asset(s), the Prohibited Asset(s) will be automatically transferred and assigned to us or our licensors under these Terms. You agree to execute all instruments and documents and do such additional acts as we or our licensor(s) may deem necessary or desirable to record and perfect the assignment of rights under this paragraph. If we or our licensor(s) are unable for any reason to secure your timely signature to any document it is entitled to under this paragraph within fourteen days, you hereby irrevocably designate and appoint us and our licensor(s) and our and their duly authorised directors, officers, and agents as your attorney-in-fact, with full power of substitution to act for and on your behalf and instead of you to execute and file any such document(s) and to do all other lawfully permitted acts to further the purposes of the foregoing with the same legal force and effect as if executed by you.
5. No Ownership. Nothing in these Terms gives you any license (other than the limited right to access the Site on these Terms), right, title, or ownership of, in, the Site or any of its contents.
6. Web Scraping: You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our Site, including using, or permitting, authorising or attempting the use of, any (a) “robot”, “bot”, “spider”, “scraper” or other automated device, program, tool, algorithm, code, process, or methodology to access, obtain, copy, monitor, or republish any portion of the Site or any data, content, information or services accessed via the same; or (b) automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations. This paragraph shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.
Can you link to our Site?
1. You may link to the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our prior, express, written consent. We reserve the right to withdraw linking permission without notice at our discretion. You may not establish a link from any website that you do not own, cause the Site or portions of it to be displayed on or by any other website (for example, framing, deep linking, or in-line linking), or otherwise take any action with respect to the materials on the Site that is inconsistent with any other provision of these Terms.
2. The Site may provide certain social media features that enable you to link, send communications or display certain content from the Site. You may use these features solely as they are provided by us.
3. If you wish to link or make any use of the content on our Site other than as set out in these Terms, please contact us at pbf-es@planblugano.zendesk.com.
Beta or Pre-release Testing
1. Without limiting the other disclaimers of responsibility in these Terms, we may also provide access to features or services through the Site that are identified as “beta” or pre-release. Without limiting the preceding sentences in this paragraph, you understand that such services are still in development, may have bugs or errors, may be incomplete, may materially change prior to a full commercial launch, or may never be released commercially.
How may we use your feedback?
1. We invite you to provide, and may occasionally ask for, your feedback on the Site. By sharing feedback and suggestions with us, you grant us a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, modify, publish, transmit, broadcast, display, and distribute any intellectual property rights you may have in the feedback and suggestions you share, including to improve the Site. You agree that by submitting feedback or suggestions to us, you are not entitled to any form of compensation should we consider or develop technology that is the same or similar to such feedback or suggestions.
How may we use your personal information?
1. We will only use your personal information as set out in our Privacy Policy [https://planb.sv/privacy-policy/
2. By using the Site, you consent to all actions taken by us with respect to your information in compliance with our Privacy Policy.
3. Release of Liability and Indemnity. You hereby agree to release us and each Associate from liability for any and all such Losses, and you shall indemnify, save and hold us and each Associate harmless from and against all such Losses. To the maximum extent permitted by applicable law, the foregoing limitations of liability, releases, and indemnities shall apply whether the alleged liability or Losses are based on contract, negligence, tort, unjust enrichment, strict liability, violation of law or regulation, or any other basis, even if we or the applicable Associate(s) have been advised of or should have known of the possibility of such Losses and damages, and without regard to the success or effectiveness of any other remedies.
4. Disclaimer of Warranties. Your use of the Site, its content, and any services or items to be obtained through the Site is at your own risk. The Site, its content, and any services or items obtained through the Site are provided on an “as is” and “as available” basis without any warranties of any kind, either express or implied. We do not make any warranties or representations with respect to the completeness, security, reliability, quality, accuracy, or availability of the Site. Without limiting the foregoing, we do not represent or warrant that the Site, its content, or any services or items obtained through the Site will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected or that the Site or any services or items obtained through the Site will otherwise meet your needs or expectations. To the fullest extent provided by applicable law, we hereby disclaim all warranties of any kind, whether express or implied, statutory or otherwise, including, but not limited to, any warranties of merchantability and fitness for a particular purpose.
5. Viruses and Attacks:
  1. We do not represent, warrant or guarantee that our Site or the server that makes it available will be secure or free from Viruses or other harmful components. You are responsible for configuring your information technology, computer programs and platform to access our Site. You should use your own Virus protection software. To the fullest extent permitted by applicable law, we will not be liable for any loss or damage caused by Viruses or other technologically harmful material that may infect your information technology, computer programs or platform to access our Site.
  2. You must not introduce Viruses to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you may commit a criminal offence, and we may report any such breach to the relevant law enforcement authorities. In the event of such a breach, your right to use our Site will cease immediately.
  3. “Viruses” means any harmful or surreptitious code with a purpose to, effect of, or that could be reasonably be expected to: (i) cause any unplanned interruption of the operation of a software or computer systems such as the Site, (ii) unauthorised use of a software, website or computer system such as the Site, (iii) altering, destroying, or inhibiting the use of a software, website or computer system such as the Site; or (iv) block access to, or prevent the use or accessibility of a software, website or computer system such as the Site. Viruses include malware, trojan horses, system monitors/keyloggers, diallers, adware, adware cookies lockup, time bombs, key lock device programs or disabling code.
Governing law and other miscellaneous terms
1. Governing law. These Terms shall be governed by, and construed and enforced in accordance with, the laws of El Salvador, and shall be interpreted in all respects as a Salvadorean contract. Any dispute, controversy, claim or action arising from or related to your access or use of the Site or these Terms likewise shall be governed by the laws of El Salvador, exclusive of choice-of-law principles.
2. Jurisdiction. We both agree that the courts of El Salvador will have exclusive jurisdiction. The foregoing shall be without prejudice to any applicable provisions of mandatory consumer protection laws under the laws of your country of residence, if and only to the extent that these offer you more protection.
3. Headings: The headings and sub-headings in these Terms are for ease of reference only and are not to be taken into account in the construction or interpretation of any provision or provisions to which they refer.
4. Extended Meanings: Unless otherwise specified in these Terms, words importing the singular include the plural and vice versa, and words importing gender include all genders. The words “include”, “includes”, or “including” will be interpreted on an inclusive basis and be deemed to be followed by the words “without limitation”.
5. Assignment; Third-Party Rights. These Terms and any of the rights, duties, and obligations contained or incorporated herein, are not assignable by you. Any attempt by you to assign these Terms without written consent is void. These Terms and any of the rights, duties, and obligations contained herein are freely assignable by us without notice or your consent (for clarity, this assignment right includes the right for us to assign any claim, in whole or in part, arising hereunder). Subject to the foregoing, these Terms, and any of the rights, duties, and obligations contained or incorporated herein, shall be binding upon and inure to the benefit of the heirs, executors, administrators, personal or legal representatives, successors and assigns of each Party. None of the provisions of these Terms, or any of the rights, duties, and obligations contained or incorporated herein, are for the benefit of or enforceable by any creditors of either Party or any other persons, except such as inure to a successor or assign in accordance herewith and as provided in the following sentence. Our Associates are intended third-party beneficiaries of the rights and privileges expressly stated to apply to Associates hereunder and shall be entitled to enforce such rights and privileges (including those rights and privileges set out in paragraph 15) as if in direct privity under these Terms, subject to the conditions and limitations hereof, including those relating to the resolution of disputes. No consent of any person is required for any modification or amendment to these Terms.
6. Severability. If any provision of these Terms or part thereof, as amended from time to time, is determined to be invalid, void, or unenforceable, in whole or in part, by any court of competent jurisdiction, such invalidity, voidness, or unenforceability attaches only to such provision to the extent of its illegality, unenforceability, invalidity, or voidness, as may be, and everything else in these Terms continues in full force and effect.
7. No Waivers; Available Remedies. Any failure by us or any Associate to exercise any of its rights, powers, or remedies under these Terms, or any delay in doing so, does not constitute a waiver of any such right, power, or remedy. The single or partial exercise of any right, power, or remedy does not prevent any of them from exercising any other rights, powers, or remedies. The remedies under these Terms are cumulative with and not exclusive of any other remedy conferred by the provisions of these Terms, or by law or equity and may include (i) injunctions to prevent breaches of these Terms and to enforce specifically the terms and provisions hereof, and you waive the requirement of any posting of a bond in connection with such remedies; and (ii) the right to recover the amount of any Losses by set off against any amounts that we would otherwise be obligated to pay to you.