Plugged Founders Membership Terms

Plugged Founders, a trading name of The Generalist Company Ltd, provides the following Terms of Use and Community Norms. These terms, along with any attached addenda, are incorporated into and form a part of this Agreement. By entering into this agreement, the parties agree to be legally bound by these terms.

Plugged Founders Terms of Service

The Plugged Founders Terms of Service are incorporated into and made part of the Licence Agreement (“Agreement”) entered into by and between The Generalist Company Ltd, trading as Plugged Founders (“Plugged Founders”) and the member (“Member”, “You”) as set forth in the Agreement. Capitalised terms not otherwise defined herein have the meanings ascribed to them in the Agreement.

You acknowledge and agree that this Agreement is a licence agreement and does not create a tenancy, leasehold interest, or other real property interest with respect to the Premises (as defined below), and shall not be deemed to create a partnership or landlord-tenant relationship between the parties.

1. Acceptance of Terms

The services Plugged Founders provides to you, including but not limited to use of office, event, and community spaces at Plugged Founders-branded locations (“Premises”), are subject to these Terms of Use (“TOU”). Plugged Founders reserves the right to modify and/or update the TOU (as well as the Community Norms in Section TBC) at any time without notice to you.

2. Description of Services

Plugged Founders may provide you with access to collaborative spaces, events, programming, resources, and other services offered from time to time under this Agreement. All services are subject to this TOU and the Community Norms.

3. No Unlawful or Prohibited Use

As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by this TOU, these terms, conditions and notices, or that are prohibited by the “Community Norms,” attached to this TOU. You may not use the Services in any manner that could damage, disable, overburden, or impair any Plugged Founders server, or the network(s) connected to any Plugged Founders server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorised access to any Services, or accounts, computer systems or networks connected to any Plugged Founders server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. You hereby represent and warrant that you have all requisite legal power and authority to enter into the Agreement and abide by the terms and conditions of this TOU (and all Community Norms) and no further authorization or approval is necessary. You further represent and warrant that your participation or use of the Services will not conflict with or result in any breach of any license, contract, agreement or other instrument or obligation to which you are a party.

Prohibited activities include but are not limited to:

  • Engaging in harassment, discrimination, or violence;

  • Disrupting the network or other members’ experiences;

  • Unauthorised access attempts (e.g., hacking);

  • Distribution of harmful software (e.g., viruses, worms);

  • Infringing on intellectual property rights;

  • Engaging in prohibited business activities under law.

4. Occupancy and Access

When you access Plugged Founders spaces, we may provide you with entry keys or cards, or any other appropriate means of accessing the space. Plugged Founders will deliver the Premises and furniture in its ‘as is’ condition at the commencement of the Agreement. By taking non-exclusive possession of the Premises, you acknowledge and agree that the Premises and the furniture are in good and satisfactory condition at the time of possession. Member’s payment obligations will begin on the License Start Date.

5. Use of services.

You agree that when participating in or using the Services, you will not:

  1. Use the Services in connection with contests, pyramid schemes, chain letters, junk email, spamming, spimming or any duplicative or unsolicited message (commercial or otherwise);

  2. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;

  3. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information on or through Plugged Founders servers, connection or bandwidth;

  4. Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same;

  5. Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;

  6. Upload files that contain viruses, Trojan Horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;

  7. Download any file(s) that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner;

  8. Restrict or inhibit any other user from using and enjoying the Services;

  9. Violate any code of conduct or other guidelines which may be applicable for any particular Service;

  10. Harvest or otherwise collect information about others, including email addresses, without the authorisation or consent of the disclosing party;

  11. Violate any applicable laws or regulations;

  12. Create a false identity for the purpose of misleading others;

  13. Obstruct any entranceway, create any circumstances of disrepair or damage the Premises;

  14. Bring any pets onto the Premises, unless you have a specific need for visual assistance;

  15. Use cellular phones or other communication devices in a manner that will be disruptive to other members. In the interests of maintaining a peaceful environment, Plugged Founders requests that all members, guests, and clients turn their phones to vibrate while in the Premises. We also ask that you use a headphone, phone booth areas, meeting room, or other supplied area for calls longer than three minutes; or

  16. Otherwise violate the Agreement, Member Agreement, this TOU or any of the Community Norms.

  17. Otherwise exceed usage limitations on all spaces, shared or otherwise, stated onsite or within this TOU. All monthly allotments of conference space usage included with memberships, as well as purchases of additional usage, are subject to availability of the conference space. Unused time does not roll over or accrue from month to month.

6. Use of Services

Plugged Founders reserves the right at all times to disclose any information about you and/or your participation in and use of the Services as Plugged Founders deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Plugged Founders sole discretion.

7. Confidentiality

  1. You acknowledge and agree that during your participation in and use of the Services you may be exposed to Confidential Information. "Confidential Information" shall mean all information, in whole or in part, that is disclosed by Plugged Founders or any participant or user of the Services, or any employee, affiliate, or agent thereof, that is non-public, confidential or proprietary in nature. Confidential Information also includes, without limitation, information about business, sales, operations, knowhow, trade secrets, technology, products, employees, customers, marketing plans, financial information, services, business affairs, any knowledge gained through examination or observation of or access to the facilities, computer systems and/or books and records of Plugged Founders, any analyses, compilations, studies or other documents prepared by Plugged Founders or otherwise derived in any manner from the Confidential Information and any information that you are obligated to keep confidential or know or have reason to know should be treated as confidential.

  2. Your participation in and/or use of the Services obligates you to:

    1. Maintain all Confidential Information in strict confidence;

    2. Not to disclose Confidential Information to any third parties;

    3. Not to use Confidential Information in any way directly or indirectly detrimental to FABRIK or any participant or user of the Services.

  3. All Confidential Information remains the sole and exclusive property of Plugged Founders or the respective disclosing party. You acknowledge and agree that nothing in the Agreement, this TOU or Community Norms, or your participation or use of the Services, will be construed as granting any rights to you, by license or otherwise, in or to any Confidential Information or any patent, copyright or other intellectual property or proprietary rights of Plugged Founders or any participant or user of the Services.

8. Participation In or Use of Services

You acknowledge and agree that you are participating in or using the Services of your own free will and decision. You acknowledge and agree that Plugged Founders does not have any liability with respect to your access, participation in, use of the Services, or any loss of information resulting from such participation or use.

9. Disclaimer of Warranties

To the maximum extent permitted by applicable law, Plugged Founders provides the services “as is” and with all faults, and hereby disclaims with respect to the services all warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) warranties, duties or conditions of or related to: merchantability, fitness for a particular purpose, lack of viruses, accuracy or completeness of responses, results, workmanlike effort and lack of negligence. Also, there is no warranty, duty or condition of title, quiet enjoyment, quiet possession, correspondence to description or non-infringement concerning any use of the services. the entire risk as to the quality, or arising out of participation in or the use of, the services, remains with you.

10. Exclusion of Incidental, Consequential and Certain Other Damages

To the maximum extent permitted by applicable law, in no event shall Plugged Founders or its subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns, jointly and individually be liable for any direct, special, incidental, indirect, punitive, consequential or other damages whatsoever (including, but not limited to, damages for: loss of profits, loss of confidential or other information, business interruption, personal injury, loss of privacy, failure to meet any duty (including of good faith or of reasonable care), negligence, and any other pecuniary or other loss whatsoever) arising out of or in any way related to the participation in or inability to participate in or use of the services, the provision of or failure to provide services, or otherwise under or in connection with any provision of this agreement, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of Plugged Founders, and even if Plugged Founders has been advised of the possibility of such damages.

11. Limitation of Liability and Remedies

Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of Plugged Founders or its subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns (the “The Generalist Company Ltd”) under any provision of the Agreement and your exclusive remedy for all of the foregoing shall be limited to actual damages incurred by you up to two hundred pounds sterling (GBP 200.00). The foregoing limitations, exclusions and disclaimers (including sections 9 and 10 above) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

12. Termination

Plugged Founders reserves the right to terminate any service at any time. Your participation and use of services may be immediately terminated without notice if you fail to comply with the Agreement, TOU, or Community Norms. You acknowledge that this Agreement does not create a landlord/tenant relationship, and Plugged Founders may end services for any reason at any time.

Upon termination, you agree to promptly remove all personal property and return the Premises to its original condition, aside from normal wear and tear. Plugged Founders may dispose of any items left on the Premises after termination, without liability for compensation, and may seek recovery for any associated costs due to your failure to remove personal property.

13. Cancellation, upgrades, and downgrades

  1. For membership cancellations initiated by the member, a written notice of at least thirty (30) days is required. Membership services will continue until the end of the thirty-day notice period, after which access to services and Premises will be terminated.

  2. The minimum term for all monthly memberships is two months which constitutes two billing cycles. Members may initiate a cancellation at any time after 60 days from the official membership starting date.

  3. Members can upgrade their membership at any time with immediate effect, subject to availability of memberships.

  4. All membership downgrades require a minimum 30 day notice.

  5. Upon cancellation, you agree to promptly remove all personal property from the Premises and to leave it in the condition it was upon your arrival, aside from normal wear and tear. Any personal items remaining on the Premises after termination may be disposed of by Plugged Founders without liability for compensation.

14. Indemnification

You release, and hereby agree to indemnify, defend and hold harmless Plugged Founders or The Generalist Company Ltd jointly and individually, from and against all claims, liabilities, losses, damages, costs, expenses (including, without limitation, legal fees), judgments, fines and penalties based upon or arising out of your negligent actions, errors and omissions, wilful misconduct and/or fraud in connection with the participation in or use of the Services. You further agree in the event that you bring a claim or lawsuit in violation of this agreement, you shall be liable for any legal fees and costs incurred by Plugged Founders and/or the The Generalist Company Ltd or its respective officers and agents in connection with the defence of such claim or lawsuit.

15. Disclaimer of Warranties

Plugged Founders expressly disclaims and excludes all warranties, whether express, implied or statutory, with respect to the Premises and the Services provided by or on behalf of Plugged Founders, including but not limited to, any warranty of merchantability, fitness for a particular purpose, non-infringement, habitability, or quiet enjoyment, or any warranties that may have arisen or may arise from course of performance, course of dealing or usage of trade. Plugged Founders makes no representations or warranties regarding the quality, reliability, timeliness or security of the Premises or any Services provided by or on behalf of Plugged Founders, or that any Services will be uninterrupted or operate error free. The Premises and Services provided by Owner are provided “as is” and “with all faults”.

16. Insurance

Plugged Founders members are not required but it is strongly suggested that they carry an insurance policy to cover their own equipment and personal property while using our space. Plugged Founders shall not be liable to Member on account of any loss, injury, liability, damage or theft to any business or personal property of Member, its owners, officers, employees, agents and invitees.

17. Data Protection

To enable Plugged Founders to provide the Services to Member Plugged Founders will need to have access to personal information relation to Member including (but not limited to) names, photographs, contact details and job titles (“Member Data”). Plugged Founders will use Member Date in accordance with its privacy policy which can be found [HERE - Link to Privacy Policy]. In respect of the Member Data, you will act as controller and Plugged Founders will act as processor (each as defined under the relevant data protection legislation). You and Plugged Founders agree to comply with all appliable data protection legislation. You shall ensure it is entitled to collect, process and transfer the Member Data in accordance with applicable data protection legislation and all appropriate privacy notices have been made available to the data subjects as necessary to permit the sharing of Member Data with Plugged Founders for the purposes of this Agreement. Nothing in this paragraph is intended to limit or exclude either party’s responsibilities or liabilities under applicable data protection legislation. You shall comply with any policy relating to data protection issued by Plugged Founders from time to time.

18. Additional General Terms

By agreeing to this TOU, you furthermore agree to the following additional general terms and conditions of your membership:

  1. Plugged Founders reserves the right to ask you to relocate your belongings which may in Plugged Founders judgment, appear unsightly from the common areas or from the outside of the building in which the Premises are situated ("Building") and you shall not make any alterations or modifications to the Premises.

  2. The pavements, halls, passages, exits, entrances, and stairways shall not be obstructed or used for any purposes other than for ingress to and egress from the Premises. The halls, passages, exits, entrances, stairways, etc., are not for the use of the general public and Plugged Founders shall, in all cases, retain the right to control and prevent access thereto by all persons whose presence in the judgment of Plugged Founders, reasonably exercised, shall be prejudicial to the safety, character, reputation and interests of the Building. Neither you nor any of your employees or invitees shall go upon the roof of the Buildings.

  3. The toilet rooms, urinals, wash bowls and other apparatus shall not be used for any purposes other than that for which they were constructed, and no foreign substance of any kind whatsoever shall be thrown therein, and to the extent caused by you or your employees or invitees, the expense of any breakage, stoppage or damage resulting from the violation of this norm shall be born by you.

  4. You shall not cause any unnecessary janitorial labour or services by reason of your carelessness or indifference in the preservation of good order and cleanliness.

  5. No cooking shall be done or permitted on the Premises, nor shall the Premises be used for lodging (the use of a coffee maker and microwave are, however, permitted uses).

  6. You shall not bring upon, use or keep in the Premises or the Building, any kerosene, gasoline or flammable or combustible fluid or material, or use any method of heating or air conditioning other than that supplied by Plugged Founders.

  7. Plugged Founders shall have sole power to direct electricians to where and how telephone and other wires are to be introduced. No boring or cutting of wires is to be allowed. The locations of telephones, call boxes and other office equipment affixed to the Premises are determined by Plugged Founders, in its sole discretion. Note: Plugged Founders is a WIRELESS Facility. No network or phone lines will be run for your space. Wireless adaption software / hardware is available for purchase either via the FABRIK or third party vendors.

  8. Upon the termination of Services, you shall deliver to Plugged Founders all keys and passes for offices, rooms, and toilet rooms which shall have been furnished to you. In the event of the loss of any keys so furnished, you shall pay Plugged Founders therefore. You shall not make, or cause to be made, any such keys, you shall order all such keys solely from Plugged Founders and you shall pay Plugged Founders for any additional such keys over and above the set(s) of keys originally furnished by Plugged Founders.

  9. You shall not install linoleum, tile, carpet or other floor covering so that the same shall be affixed to the floor of the Premises in any manner except as approved by Plugged Founders.

  10. No furniture, packages, supplies, equipment or merchandise will be received in the Building or carried up or down in the stairways, except between such hours and in such stairways as shall be designated by Plugged Founders.

  11. When accessing the Building after hours, you shall cause all doors to the Premises to be closed and securely locked before leaving the Building.

  12. Without the prior written consent of Plugged Founders or otherwise agreed upon in writing, you shall not use the name of the Building or any picture of the Building in connection with, or in promoting or advertising your business, except you may use the address of the Building as the address of your business.

  13. You shall cooperate fully with Plugged Founders to assure the most effective operation of the Premises' or the Building's heat and air conditioning, and shall refrain from attempting to adjust any controls.

  14. Plugged Founders is not responsible for any of your personal property lost or stolen when using any Premises.

  15. Except with the prior written consent of Plugged Founders , you shall not sell or cause to be sold any items or services at retail in or from the Premises, nor shall you carry on or permit or allow any employee or person to carry on the business of machine copying, stenography, typewriting or similar business in or from the Premises for the service or accommodation of occupants of any other portion of the Building without written consent of Plugged Founders.

  16. You shall not conduct any auction nor permit any fire or bankruptcy sale to be held on the Premises, nor store goods, wares or merchandise on the Premises. You shall not allow any vending machines on the Premises without Plugged Founders prior consent.

  17. All freight must be moved into, within and out of the Building under the supervision of Plugged Founders and according to such regulations as may be promulgated by Plugged Founders. All moving of furniture or equipment into, within or out of the Building by you shall be done at such time and in such manner as directed by Plugged Founders or its agent. In no cases shall items of freight, furniture, fixtures or equipment be moved into or out of the Premises or in any common area during such hours as are normally considered rush hours to an office building; i.e., 8:30-9:30 A.M., 11:00 A.M.-1:00 P.M. and 4:00-6:30 P.M.

  18. On Weekends, public holidays and on other days during certain hours for which the Building may be closed after normal business hours, access to the Building or to halls, corridors, elevators, stairwells will be controlled by Plugged Founders through the use of a card key system. This system will verify any and all persons seeking access to the Building through the use of proper identification to determine if they have rights of access to the Premises. Plugged Founders shall in no case be liable for damages wherein admission to the Building has not been granted during abnormal hours by reason of your failing to properly identify yourself through the use of a card-key, or through the failure of the Building to be unlocked and open for access by you, your employees and general public. Nothing contained herein shall obligate Plugged Founders to provide such card key system or to make Plugged Founders liable for any act or omission or failure of such system and the card keys which may be provided.

  19. You shall not change locks or install other locks on doors without the prior written consent of Plugged Founders.

  20. You shall give prompt notice to Plugged Founders of any accidents to or defects in plumbing, electrical fixtures or heating apparatus reasonably known to you so the same may be attended to properly.

  21. Plugged Founders shall have the power to prescribe the weight and position of safes or other objects which shall, if considered necessary by Plugged Founders, be required to be supported by such additional materials placed on the floor as Plugged Founders may direct, and at your expense. In no event can these items exceed a weight for which the floor is designed.

  22. Internet Policy: Wireless access to the internet is provided during your membership. Service interruptions, if they occur, will be handled as promptly as possible. Plugged Founders is not responsible for any data, business or other losses as a result of such interruptions. You are responsible to protect your own computer and data from electrical surges, theft, virus, or other malicious attack. Unless otherwise set forth by Plugged Founders in writing, you are receiving a single user account solely for your use of the Services through one unit per login session. You agree not to resell any aspect of the Services, whether for profit or otherwise, share your IP address or ISP Internet connection with anyone, access the Services simultaneously through multiple units or to authorize any other individual or entity to use the Services. You agree that sharing the Services with another party breaches this TOU and may constitute fraud or theft, for which Plugged Founders reserve all rights and remedies. You have no proprietary or ownership rights to a specific IP or other address, log-in name, or password that you use on our network. Plugged Founders may change your address, log-in name or password at any time. Plugged Founders will assign you an IP address each time you access the Services, and it will vary. You may not assign your login name, password or IP address to any other person. You agree not to use the Services, any Plugged Founders or related network or website for any fraudulent, unlawful, harassing or abusive purpose, or so as to damage or cause risk to our business, reputation, employees, subscribers, facilities, or to any person. Improper uses include, but are not limited to:

    1. Violating any applicable law or regulation;

    2. Posting or transmitting content you do not have the right to post or transmit;

    3. Posting or transmitting content that infringes a third party's trademark, patent, trade secret, copyright, publicity, privacy, or other right;

    4. Posting or transmitting content that is unlawful, untrue, stalking, harassing, libellous, defamatory, abusive, tortious, threatening, obscene, hateful, harmful or otherwise objectionable as determined in our sole discretion;

    5. Attempting to intercept, collect or store data about third parties without their knowledge or consent;

    6. Deleting, tampering with or revising any material posted by any other person or entity;

    7. Accessing, tampering with or using non-public areas of the Services or any Plugged Founders or related website, computer systems or network;

    8. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;

    9. Attempting to access or search the Services or any Plugged Founders or related network or website with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by Plugged Founders or other generally available third party web browser;

    10. Sending unsolicited messages, including without limitation, promotions or advertisements for products or services, "pyramid schemes", "spam", "chain mail" or "junk mail";

    11. Using the Services or any Plugged Founders or related website or network to send altered, deceptive or false source-identifying information;

    12. Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Services or any Plugged Founders or related website or network;

    13. Interfering or attempting to interfere with the access of any user, host or network, including without limitation, sending a "virus" to the Services or any Plugged Founders or related website or network, overloading, "flooding," "spamming," "crashing," or "mailbombing" the Service or any Plugged Founders or related website or network; or

    14. Impersonating or misrepresenting your affiliation with any person or entity. If Plugged Founders suspects violations of any of the above, Plugged Founders will investigate and may institute legal action, immediately deactivate Services to any account without prior notice to you, and cooperate with law enforcement authorities in bringing legal proceedings against violators. You agree to reasonably cooperate with Plugged Founders in investigating suspected violations.

  23. You shall not install, maintain or otherwise locate at Plugged Founders any computer server of any kind, whether hardware or software without written permission from Plugged Founders.

19. Miscellaneous

  1. Entire Agreement. The Agreement, this TOU and Community Norms constitute the entire agreement between the parties pertaining to the subject matter contained therein, and supersede all prior and contemporaneous agreements, representations, and understandings of the parties pertaining to such subject matter.

  2. Severability. In the event that any provision or portion of the Agreement, this TOU or Community Norms is determined to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provisions of the Agreement, this TOU and Community Norms shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law.

  3. Waivers. No waiver shall be binding on Plugged Founders unless executed in writing by an authorized representative of Plugged Founders.

  4. Successors and Assigns. This TOU, the Agreement and Community Norms shall be binding on your heirs, legal representative, successors and assigns.

  5. No Assignment. In no event may you assign in whole or in part your membership or use of the Services, without the advance written consent of Plugged Founders.

  6. Notice. All notices, requests, demands or other communications for which this TOU, the Agreement or Community Norms provides shall be in writing and shall be addressed at the following addresses: If to Plugged Founders : hello@pluggedfounders.com. If to you: At the email address as provided in the Agreement or such other address as any party may designate in writing. All notices under this TOU, the Agreement, the Member Agreement and Community Norms shall be effective: upon receipt, provided such email is received in advance of 5pm (and if received following this shall be deemed to be delivered the following business day.

  7. Legal Fees. If Plugged Founders shall bring any action for any relief against you arising out of this TOU, the Agreement or Community Norms, the losing party shall pay to the prevailing party a reasonable sum for legal fees and costs incurred in bringing such suit and/or enforcing any judgment granted therein, all of which shall be deemed to have accrued upon the commencement of such action and shall be paid whether or not such action is prosecuted to judgment.

  8. Group Litigation Waiver. Any proceeding to resolve any dispute relating to or arising under the Agreement in any forum will be conducted solely on an individual basis. Neither party will assert any claim (including counterclaim) against the other in arbitration or litigation on a class or consolidated basis, and neither party will pursue or participate in any claim against the other in a representative or private attorney general capacity. No proceeding will be combined with another without the prior written consent of all parties to all affected proceedings. This class action waiver precludes Plugged Founders and Member from pursuing, participating in, or being represented in any class, consolidated, or representative action regarding any claim against the other.

  9. No Third-Party Beneficiaries. Except for third parties entitled to indemnity under the Agreement or third parties whose liability is specifically limited pursuant to the terms of the Agreement, the parties to the Agreement do not intend to confer any right or remedy on any third party.

  10. Force Majeure. Neither party is liable for, and will not be considered in default or breach of the Agreement on account of, any delay or failure to perform as required by the Agreement (with the exception Member’s obligation to pay any sum due to Plugged Founders which obligation(s) will remain unaffected by the provisions of this paragraph) as a result of any causes or conditions that are beyond such party’s reasonable control and which such party is unable to overcome by the exercise of reasonable diligence, provided that the affected party will use commercially reasonable efforts to promptly resume normal performance. For the avoidance of doubt, Member’s payment obligations under the Agreement remain unaffected by circumstances beyond Plugged Founders reasonable control, including public health crises (such as COVID-19) and public health measures in response thereto

  11. Governing Law. The rights and obligations of and the Agreement, this TOU and Community Norms shall be construed and enforced in accordance with the laws of England and Wales. Venue for the resolution of any dispute arising out of this TOU, the Agreement or Community Norms shall be the courts of England and Wales.

  12. Modification. Plugged Founders may in its sole discretion, upon written notice, change the Terms of Use and Community Norms.