Thank you for using our time management tool, PlanArty. By using the tool, you agree to our Terms and Conditions, which is a legal agreement. Our Terms and Conditions apply to your use of our Website and Service. This Agreement contains the complete terms and conditions that apply when you visit our site or use the Service or choose to browse the contents herein. By using this Web site, you agree to be bound by its terms of use and shall comply thereof.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE INCLUDE, BUT ARE NOT LIMITED TO, VARIOUS LIMITATIONS AND EXCLUSIONS, AND INDEMNITIES.
Your use of the Website is subject to these Terms and Conditions. If you are not willing to be bound by each and every term or condition, or if any representation made herein by you is not true, you may not use and must cease using the Website.
We may edit, delete or modify any of the terms and conditions contained in this Agreement, by posting a new agreement on our site. Your continued visit in our website following our posting of a change notice or new agreement on our site will constitute binding acceptance of the change. You are responsible for regularly reviewing the Website to obtain timely notice of such amendments. If any amendment is unacceptable to you, you may terminate the agreement between you and us regarding the use of the Website as set out in these Terms and Conditions.
Our company grants to the User a non-exclusive, non-transferable, limited license only to use the Website, in accordance with the provisions set out in these Terms and Conditions. The user has the right to access and make personal or business use of this site and the tool and not to download or modify it, or any portion of it, except with express written consent from our company. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent from our company. The right to access our tool does not include any resale or commercial use of our site or its contents nor allows you to download or copy any account information for the benefit of another merchant.
The User shall not link to this Site without the express written permission of our Company. Further, the User may not register any trademark, logo, or other proprietary information, documentation, without our express written permission. Such sites are not under the control of our company and we shall not be held responsible for the contents of any linked site or any link contained in a linked site, or any review, changes, or updates to such sites. You hereby acknowledge and agree that we are not responsible for the availability of such external websites or resources. If the User decides to access links to third-party Web sites, it’s his own risk.
We own the PlanArty website and our Service, the tool itself. You may not copy, reproduce, alter, modify, resell, mirror, or create derivative works of the tool, our Service, or our content on the site without our written permission. User will not acquire any right, title, or interest in or to the site, will not modify, adapt, translate, to get the source code from our tool, service, or documentation, or create or attempt to create a similar service or product through the use of or access to the tool or proprietary information related thereto.
The Users are responsible for keeping the account name and password confidential. Also, they are responsible for any account that they have access to. The User undertakes to notify us immediately of any unauthorized use of his/her account(s). We’re not responsible for any losses due to stolen or hacked passwords.
You are solely responsible for the proper cancellation of your account. You may cancel your account at any time by sending us an email to operational@planarty.com from your login email account. You will not be charged after a cancellation. There is no cancellation fee. In the event of cancellation or termination, your account will be immediately disabled, and your account and information cannot be recovered once the account is closed. We retain the right to retain or delete data provided to us by you according to our confidentiality/privacy policy. We also reserve the right but do not have any obligation, to refuse service to anyone and close your account(s) without notice for any or no reason at all.
The User agrees not to disclose information he/she obtains from our website and or from our clients. All information submitted on the website and in the tool is proprietary information of our Company. Such customer information is confidential and may not be disclosed. User agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.
The Website depends on the Internet, including networks, cabling, facilities, and equipment that is not in our control; accordingly (i) any representation made by us regarding access performance, speeds, reliability, availability, use, or consistency of the Website is on a "commercially reasonable efforts" basis, (ii) we cannot guarantee any minimum level regarding such performance, speed, reliability, availability, use or consistency, and (iii) data, messages, information or materials sent over the Internet may not be completely private, and your anonymity is not guaranteed.
To the fullest extent permitted by law, you assume full responsibility for and we disclaim liability to you for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even if we had been advised of the possibility of such damages. We disclaim any and all liability for the acts, omissions, and conduct of any third parties related to your use of PlanArty and any linked sites and services. Your sole remedy against us for dissatisfaction with PlanArty is to stop using PlanArty. This limitation of relief is a part of the bargain between you and us. The preceding disclaimer applies to any damages, liability, or injuries whether for breach of contract, tort, negligence, or any other cause of action. If notwithstanding the other provisions of the Terms, we are found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Website or any of our Services, our liability shall not exceed what you paid us for the Services in the previous month. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
Assignment and Inurement. We may at any time assign our rights and obligations under these Terms and Conditions, in whole or in part, without notice to you. You may not assign these Terms and Conditions without our prior, written consent. These Terms and Conditions will inure to the benefit of and bind you and us and our respective personal and legal representatives, successors, and permitted assigns.
Relationship. You agree that no joint venture, partnership, fiduciary, employment or agency relationship exists between us and you as a result of these Terms and Conditions or use of the Website.
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.
The offer of the service is stipulated on the prices page of the website. Also, paying this price will let the User access our tool. We reserve the right to change service fees upon thirty (30) days’ notice.
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, constitutes 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.
The parties have requested and agree that these Terms and Conditions and all documents relating thereto be drawn up in English.
