Terms and Conditions

Thank you for choosing PlanArty. By using PlanArty, you agree to our Terms of Service, which constitute a legally binding agreement. If you are using PlanArty on behalf of an organization, you are accepting these terms on behalf of that organization. If any provisions in the Customer-Specific Supplement apply to you (e.g., if you are a U.S. government entity), those provisions are incorporated by reference into this agreement. These Terms of Service govern your use of our Websites and Services.

Definitions

  • “We,” “our,” or “us” refers to Kheprix, a Romanian-based limited liability company, including its employees, directors, officers, affiliates, and subsidiaries.
  • “You” or “your” refers to the individual or entity registered with us to use PlanArty services.
  • “Websites” include PlanArty.com, its subdomains, and other websites we currently or will operate.
  • “Services” encompass our websites, APIs, applications, content, and third-party services provided under the PlanArty brand.
  • “PlanArty” collectively refers to our websites and services.
  • “Information” includes all data you provide and that we collect during your use of our services, software, and devices.

General Rules

To use PlanArty, you must:

(a) be at least 13 years old; (b) complete the registration process; (c) provide accurate and current information; (d) agree to these Terms; and

(e) adhere to the following rules:

  • You are responsible for all content you provide and all activities conducted on PlanArty.
  • You will comply with all applicable laws, rules, and regulations.
  • You will not use PlanArty to solicit or engage in activities that infringe on our rights or the rights of others.
  • You will not upload, transmit, or distribute objectionable content, as determined solely by us.

Failure to comply with these rules or other terms outlined here may result in account termination and potential legal consequences.

If you comply with these Terms, we grant you a non-exclusive, non-transferable, and limited license to use PlanArty. However, your use of PlanArty is at your own risk.

Intellectual Property

  • Your Content: You retain ownership of all content you provide. We do not claim ownership or intellectual property rights over your data.
  • Our Property: We own PlanArty, its services, and its content. You may not copy, modify, reproduce, resell, or create derivative works from PlanArty without our written consent.
  • Feedback: You grant us a royalty-free, worldwide, transferable, sublicensable, irrevocable, and perpetual license to use any suggestions, enhancement requests, or feedback you provide to improve PlanArty.

Passwords and Accounts

You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. Notify us immediately of unauthorized use.

  • We are not liable for any losses resulting from stolen or hacked passwords.
  • You may not impersonate another individual or entity without their written authorization.

Payment Terms

  • The free trial offer entitles new, registered users to a thirty (30) day free trial of the Services, full features included. For all paid plans, you authorize us to charge you according to the plan you choose at the then current plan rate and any other charges you may incur in connection with your use of the Services, such as taxes, duties, and possible transaction fees.
  • We offer a 30-day money-back guarantee for all accounts, no questions asked, for annual licenses. Refunds are not available for monthly subscriptions.
  • We reserve the right to change service fees upon thirty (30) days notice. Such notice may be provided at any time by posting the changes to PlanArty or by email.
  • Free Plan: After the thirty (30) days of the trial period, you can purchase a Monthly or Yearly License. Otherwise, your account will become a Free account, providing limited functionality (Refer to the Packages page for a complete list of limitations). You can access this account any time, free of any charges. If you do not access your account for sixty (60) days, you will receive a warning email. You will have to reply to this email. Otherwise, your account and all your data will be permanently deleted.
  • Monthly Plan: For a paid account, a valid credit card is required for you to continue using the Services on a month-to-month basis after the thirty (30) day free trial period ends. The Services are billed in advance on a monthly basis and are non-refundable. You can also purchase a monthly plan at any point if you wish to transform your Free account into a paid one.
  • Yearly Plan: Payment in advance is required to continue using the Paid Services on an annual basis after the thirty (30) day trial period ends. The Services are billed in advance on a yearly basis, and we offer a 30-day refund. You can also purchase an annual plan at any point if you wish to transform your Free account into a paid one.

Indemnification

You agree to indemnify and hold us harmless from any claims, demands, losses, liabilities, or expenses (including legal fees) arising from your use of PlanArty.

Representations and Warranties

PlanArty is provided “as is” and “as available,” with no warranties of any kind. We do not guarantee that:

  • PlanArty will meet your requirements.
  • Services will be uninterrupted, secure, or error-free.
  • Results will be accurate or reliable.
  • Any errors will be corrected.

Limitation of Liability

To the maximum extent permitted by law, we are not liable for any indirect, consequential, incidental, or punitive damages, including lost profits.

  • Your sole remedy for dissatisfaction is to discontinue the use of PlanArty.
  • If we are found liable, our total liability is limited to the amount you paid during the prior payment cycle.

Publicity

You authorize us to use your company name and logo as a reference in our marketing materials. If you do not wish to be listed, notify us at privacy@planarty.com.

Governing Law; Dispute Resolution

Any dispute, controversy, or difference which may arise between the parties out of, in relation to, or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts competent according to the registered seat of our Company, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between us and you arising out of or in connection with the use of the Website or Service, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Force Majeure.

Neither party will be responsible for a failure to fulfill its obligations under these Terms and Conditions or for the delay in doing so if such failure or delay is due to circumstances beyond its reasonable control, such as acts of nature, acts of government, war, riots, strikes and accidents in transportation, but excluding a lack of financing, cash or credit.

Severability

If any section of these Terms is found to be unenforceable, the remaining provisions will remain valid and enforceable.

Assignments

You may not assign your rights under these Terms without our consent. We may assign our rights at our discretion.

No Waiver

Failure to enforce any provision of these Terms does not constitute a waiver of those rights.

Entire Agreement

This Agreement shall be governed by and construed in accordance with the substantive laws Applicable according to the registered seat of our Company, without any reference to conflict-of-laws principles. The Agreement describes and encompasses the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Site, the contents and materials provided by or through the Site, and the subject matter of this Agreement. These Terms and Conditions, as amended from time to time, including any and all documents, websites, rules, terms, and policies referenced herein, including but not limited to the Privacy Policy, constitute the entire agreement between us and you with respect to the matters referred to in these Terms and Conditions and supersedes all prior and contemporaneous agreements and understandings, whether electronic, oral or written, between us and you with respect to such matters.

English Language

The parties have requested and agree that these Terms and Conditions and all documents relating there to be drawn up in English.

Amendments and Changes to PlanArty

We reserve the right to modify these Terms at any time. Changes will take effect upon posting. Continued use of PlanArty indicates acceptance of the updated Terms.

We may modify, suspend, or terminate PlanArty or its features without prior notice for reasons such as maintenance or updates.

Questions

For inquiries, contact us at privacy@planarty.com.

Last updated: November 18, 2024