Last modified July 7, 2022
These terms govern your use of Planndu Inc. (“Planndu,” “we”, or “us”) and our website at planndu.com, along with our related websites, APIs, networks, applications, mobile applications, and other services provided by us, including Planndu and Planndu Premium, (each as defined below, and collectively, the “Service”). These Terms of Service are a legally binding contract between you and Planndu regarding your use of the Service.
IMPORTANT: BY USING OUR SERVICES, YOU ARE AGREEING TO THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH HEREIN, PLEASE DO NOT USE THE SERVICES.
ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AS DESCRIBED IN SECTION 15, A LITTLE LATER ON. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND PLANNDU AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND PLANNDU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU HAVE THE RIGHT TO OPT OUT OF ARBITRATION AS EXPLAINED IN THAT ARBITRATION CLAUSE.
This Service provided by Planndu is intended for use as is. Don't misuse our Services Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws. We may suspend or stop providing our Services to you if you do not comply with our terms or policies.
To use the Service and Websites you must be, represent and warrant that you are, at least 13 years of age and competent to agree to these Terms. If Planndu has previously prohibited you from accessing or using the Service and Websites, you are not permitted to access or use the Service and the Websites.
To access the Service, you must register for an account. To protect your account, keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password, and you are responsible for the activity that happens on or through your account. If you believe that your account is no longer secure, then you must immediately notify us by emailing us at contactus@planndu.com.
Planndu is built as a Freemium app, only certain features of the Service may require you to pay fees, either on a monthly subscription basis or an annual subscription basis (“Subscription Service”). Before you pay any Subscription Fees, you will have an opportunity to review and accept the fees that will be charged. “Subscription Fees” means all fees associated with your Subscription.
You authorize Planndu that the Subscription Service will automatically renew on an annual or monthly basis depending on your subscription. to avoid billing of the next period’s Subscription Fees, cancel your Subscription Service before the renewal date.
You can cancel your Subscription anytime online by going to the account settings and following the instructions provided. If you choose to cancel the Subscription Service during the subscription period, meaning that you will not be charged for the next billing cycle, but you will not receive any refunds or credits for amounts that have already been charged.
All renewals are subject to the applicable Service continuing to be offered and will be charged at the then-current rates.
You are responsible for paying all other taxes assessed in connection with your Subscription Service. Unless otherwise stated with respect to terms and conditions for a specific subscription, all stated prices are exclusive of any taxes, fees, and duties or other amounts, however, designated and including without limitation value-added and withholding taxes that are levied or based upon such charges, or upon this agreement. We will invoice you for such Taxes if we believe we have a legal obligation to do so unless you present an exemption certificate acceptable to the taxing authorities. You will not be liable for taxes imposed on Planndu based on Planndu’s income.
Planndu reserves the right to determine the pricing for the Service. Planndu may change the price of any feature of the Service; if this occurs, Planndu will provide you advance notice of the changes before they apply.
Planndu also reserves the right to suspend your account if your account becomes overdue and is not brought current within ten (10) business days following notice. The suspension will not relieve the customer's obligation to pay the amounts due.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable license to access and use the Service and Websites only for your own internal use, and only in a manner that complies with all legal requirements that apply to you or your use of the Service and Websites, including the Planndu Privacy Policy and these Terms.
You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
Violations of this Section. In addition to any other remedies that may be available to us, Planndu reserves the right to take any remedial action it deems necessary, including immediately suspending or terminating your account or your access to the Service or Websites, upon notice and without liability for Planndu.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don't remove, obscure, or alter any legal notices displayed in or along with our Services.
The Service and Websites may provide (i) information and content provided by third parties; (ii) link to third-party websites or resources, such as sellers of goods and services; and (iii) third-party products and services for sale directly to you. Planndu is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for (i) any content, advertising, products, or other materials on or available from such sites or resources, (ii) any errors or omissions in these websites or resources, or (iii) any information handling practices or other business practices of the operators of such sites or resources.
You further acknowledge and agree that Planndu shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any linked sites or resources. Your interactions with such third parties will be governed by the third parties’ own terms of service and privacy policies, and any other similar terms.
The Service allows you to upload content associated with information, text, files, photos, videos, audio, and other content (collectively, “User Content”) and share that User Content with others. You are the owner of your content. You retain ownership of any intellectual property rights that you hold in that content.
Planndu disclaims any liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant that your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
By providing User Content to or via the Service, you grant us a worldwide, royalty-free, limited license to access, use, process, copy, distribute, perform, export, and display the User Content, and solely to the extent that reformatting User Content for display in the Service constitutes a modification or derivative work, the foregoing license also includes the right to make modifications and derivative works. The afore-mentioned license is hereby granted solely: (i) to maintain and provide you the Service; (ii) to prevent or address technical or security issues and resolve support requests; (iii) to investigate when we have a good faith belief or have received a complaint alleging, that such Customer Data violates these Terms; (iv) to comply with a valid legal subpoena, request, or another lawful process; and (v) as expressly permitted in writing by you.
By providing User Content to or via the Service to other users of the Service, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Service.
If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.
By creating an account on our Service, you agree to subscribe to newsletters or marketing materials and other promotional information we may send. However, You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.
Please note that we may still send you transactional or administrative messages related to the Service even after you have opted out of receiving marketing communications.
When you install our app on your mobile device, you agree to receive push notifications, which are messages an app sends you on your mobile device when the app is not on. You can turn off notifications by visiting your mobile device’s “settings” page.
YOU AGREE NOT TO violate any law, contract, intellectual property, or other third-party rights; not to commit a tort, and that you are solely responsible for your conduct while on the Planndu Services. Except as expressly permitted in these Terms, you may not, and shall not allow an Authorized User or any third party to: (i) give, sell, rent, lease, timeshare, sublicense, disclose, publish, assign, market, resell, display, transmit, broadcast, transfer or distribute any portion of the Service or the Sites to any third party, including, but not limited to your affiliates, or use the Service in any service bureau arrangement; (ii) circumvent, disable or otherwise interfere with security-related features of the Sites or Service or features that prevent or restrict use or copying of any content or that enforce limitations on use of the Service or Sites; (iii) reverse engineer, decompile or disassemble, decrypt or, attempt to derive the source code of, the Service or Sites, or any components thereof; (iv) copy, modify, translate, patch, improve, alter, change or create any derivative works of the Service or Sites, or any part thereof; (v) take any action that imposes or may impose an unreasonable or disproportionately large load on Planndu or the infrastructure which supports the Sites or Service; (vi) interfere or attempt to interfere with the integrity or proper working of the Service or Sites, or any related activities; (vii) remove, deface, obscure, or alter Planndu or any third party’s identification, attribution or copyright notices, trademarks, or other proprietary rights affixed to or provided as part of the Service or Sites, or use or display logos of the Service or Sites without Planndu prior written approval; (viii) use the Service or Sites for competitive purposes, including to develop or enhance a competing service or product; or (ix) encourage or assist any third party (including other Authorized Users) to do any of the foregoing.
If you have an intellectual property rights-related complaint about material posted on the Service, you may contact at the following address contactus@planndu.com;
Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information:
(i) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed; (ii) A description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) A description of the material that you claim is infringing and where it is located on the Service; (iv) Your address; (v) A Telephone number; (vi) Your email address; Planndu will promptly terminate the accounts of users that are determined by Planndu to be repeat infringers.
These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service. Planndu may amend any of the terms of these Terms of Service by posting the amended terms. Your continued use of the Planndu Services after the effective date of the revised Terms of Service constitutes your acceptance of the terms.
If there is a conflict between these terms and the additional terms, the additional terms will control that conflict.
Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, we may require that you accept the modified Terms to continue to use the Service. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Except as expressly permitted in this Section 11, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved following the version of these Terms that was in effect at the time the dispute arose.
You may terminate the Service and these Terms at any time upon written notice at: contactus@planndu.com
Upon termination of these Terms: (i) your license rights will terminate and you must immediately cease all use of the Service; (ii) you will no longer be authorized to access your account or the Service; (iii) you must pay Planndu any unpaid amount that was due before termination; and (iv) all payment obligations accrued before termination will survive.
Planndu reserves the right, without notice and in our sole discretion, to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently. Planndu will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service.
Planndu does not disclaim any warranty or other right that Planndu is prohibited from disclaiming under applicable law.
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER PLANNDU NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW.
THE SERVICE IS PROVIDED "AS IS". WE CAN NOT PREDICT WHEN ISSUES MIGHT ARISE WITH OUR SERVICES. ACCORDINGLY, OUR LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND UNDER NO CIRCUMSTANCE WILL WE BE LIABLE TO YOU FOR ANY LOST PROFITS, REVENUES, INFORMATION, OR DATA, OR CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OR THE PLANNDU SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR USE AND/OR PURCHASE OF SERVICE ARE ALL AT YOUR SOLE RISK.
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Planndu, its affiliated companies, and each of our respective contractors, employees, officers, directors, agents, third-party suppliers, licensors, and partners from any claims, losses, damages, demands, expenses, costs, and liabilities, including legal fees and expenses, arising out of or related to your access, use, or misuse of the Planndu Services, any User Content you post, store, or otherwise transmit in or through the Planndu Services, your violation of the rights of any third party, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein.
Generally. In the interest of resolving disputes between you and Planndu in the most expedient and cost-effective manner, subject to all applicable laws.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND PLANNDU ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
PLEASE READ THE FOLLOWING CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH PLANNDU AND LIMITS HOW YOU CAN SEEK RELIEF FROM PLANNDU.
You and Planndu agree to arbitrate any dispute arising from these Terms of Service or your use of the Planndu Services, except that you and Planndu are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Planndu agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to Planndu shall be sent to: contactus@planndu.com. You and Planndu further agree: to attempt informal resolution before any demand for arbitration; that any arbitration will occur in Santa Clara County, California; that arbitration will be conducted confidentially by a single arbitrator following the rules of JAMS; and that the state or federal courts in Santa Clara County, California have exclusive jurisdiction over any appeals of an arbitration award and any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by this Agreement and the laws of the State of California and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Whether the dispute is heard in arbitration or court, you and Planndu will not commence against the other a class action, class arbitration, or other representative action or proceeding. If you are a resident in any jurisdiction in which the provision in the section above is found to be unenforceable, then any disputes, claims, or causes of action arising out of or in connection with these Terms of Service will be governed by and construed under the laws of your jurisdiction of residence and shall be resolved by competent civil courts within your jurisdiction of residence.
YOU AND PLANNDU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TWITCH SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
These terms control the relationship between Planndu and you. They do not create any third-party beneficiary rights. If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Planndu and its affiliates, officers, agents, and employees from any claim, suit, or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs, and attorneys' fees.
If it turns out that a particular term is not enforceable, this will not affect any other terms.
For more information, please contact us at contactus@planndu.com