OFFER AGREEMENT

1. Definitions

  • Public Offer / Agreement the Provider's offer addressed to any natural or legal person to enter into a service agreement under these terms.
  • Acceptance the User's full and unconditional acceptance of this Agreement by completing registration or using the Service.
  • Service / Software the online SaaS product "Planch" for automating service businesses (scheduling, client management, bookings, etc.).
  • User / Customer any natural or legal person who accepts these Terms and has registered for the Service.
  • Paid Services / Paid Plan features provided for a fee under a selected subscription.
  • Free Services / Free Plan free access to the Service; scope determined by Provider and may change.
  • Subscription Period the paid time interval for access (monthly, yearly, etc.).
  • Recurring Payment automatic renewal payments using a saved payment method.
  • Personal Data information that identifies or can identify a natural person.
  • Account the User's registered account, including login credentials and profile data.

2. General Provisions

  1. Users create an Account to access the Service and may add additional users (employees, agents) to their Account.
  2. The number of active users allowed is determined by the chosen subscription plan.
  3. Registration (signing up) constitutes Acceptance of this Offer.
  4. By registering, the User consents to the processing of their personal data in accordance with Provider's Privacy Policy.
  5. This Agreement remains in force until terminated in accordance with its terms.

3. Scope of Services

  1. Provider will grant the User access to the Service in accordance with the features of the selected subscription plan.
  2. Provider will endeavor to maintain commercially reasonable service levels but does not guarantee uninterrupted access.
  3. Paid access becomes active after successful payment and is limited to the features of the chosen plan.
  4. Provider may offer additional paid modules or features at its discretion; terms of such offers form part of this Agreement.

4. Registration and Account Security

  1. Registration requires a valid email, password, and any other requested information.
  2. The User must keep login credentials confidential and is fully responsible for all actions performed under their Account.
  3. Provider will never request the User's full payment card PIN or password by email.
  4. In case of lost credentials, account recovery procedures are available via the Service or by contacting info@planch.io.

5. Rights and Obligations

Provider:

  • May modify, suspend, or remove content or Accounts at its discretion for violation of these Terms or applicable law.
  • May send operational and promotional messages via email, push notifications, or SMS where permitted.
  • May transfer rights and obligations under this Agreement to third parties.

User:

  • Must comply with this Agreement and applicable laws.
  • Must not reverse-engineer, reproduce, or create derivative works of the Service.
  • Must not upload or share content that infringes third-party rights.
  • Is responsible for any claims arising from User-provided content and will indemnify Provider for related losses.

6. Fees and Payments

  1. Pricing, billing cycles, and available plans will be shown on the Provider's website.
  2. Fees are paid in advance for the selected Subscription Period.
  3. All payments are non-refundable except as expressly stated.
  4. Provider may change pricing or plan features; such changes do not affect periods already paid for.
  5. When you upgrade mid-billing period, we credit the unused portion of your current plan and charge you only the difference for the remainder of the paid period. Downgrades will take effect after the current paid period ends.

7. Intellectual Property

  1. All intellectual property rights in the Service, including software, design, trademarks, and content, belong to Provider or its licensors.
  2. The User receives a limited, non-exclusive, non-transferable right to use the Service per these Terms.
  3. Unauthorized use of Provider's IP may lead to termination and legal remedies.

8. Force Majeure

  1. Neither party is liable for failures caused by events beyond reasonable control (natural disasters, strikes, wars, government acts, etc.) provided the affected party notifies the other promptly and takes reasonable steps to mitigate.

9. Disclaimers and Limitation of Liability

  1. The Service is provided "as is" and "as available". Provider disclaims implied warranties to the maximum extent permitted by law.
  2. Provider is not liable for indirect, incidental, consequential, special, or punitive damages, loss of profits, data loss, or business interruption.
  3. Provider's aggregate liability for direct damages is capped at the amounts the User paid to Provider in the 12 / 3 / choose months prior to the claim (select preferred cap).

10. Security and Data

  1. Provider will take commercially reasonable measures to secure User data but does not guarantee absolute security.
  2. Provider may create backups; Users should maintain their own backups of critical information.

11. Privacy and Personal Data

  1. User consents to processing of Personal Data per Provider's Privacy Policy available at https://planch.io/privacy.
  2. For US/California residents, relevant notices (CCPA/CPRA) apply as described in the Privacy Policy.
  3. For EU Users, Provider will respect GDPR rights; see Privacy Policy for details.

12. Termination

  1. Provider may suspend or terminate access for breach or suspicious activity, with or without prior notice.
  2. Users may terminate by closing their Account and ceasing use. Termination does not relieve the User of outstanding payment obligations for paid periods already billed.
  3. Upon termination, Provider may delete Account data after a reasonable retention period; Users should export data prior to termination where possible.

13. Confidentiality

  1. Both parties must keep confidential information received in connection with this Agreement confidential and use it only to fulfill the Agreement, except as required by law.

14. Changes to the Agreement

  1. Provider may amend this Agreement at any time by posting changes on the website. Continued use after changes constitutes acceptance.
  2. If the User disagrees with changes, they must stop using the Service and close their Account.