1. Introduction
Welcome to Planist, where precision in scheduling meets privacy and innovation in technology. These Terms of Use (“Terms”) constitute a legally binding agreement between you and Planist, LLC (“Planist,” “we,” “our,” or “us”) and govern your use of the services, materials, and functionalities provided through our website (the “Platform”). This agreement applies to all users of the Platform, including registered users (“Users”), individuals scheduling appointments (“Invitees”), and visitors to the Planist website (“Viewers”).
By accessing or using our Platform, you agree to be bound by these Terms and all terms incorporated by reference. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such an entity to these Terms, in which case the terms “you” or “your” shall refer to such entity.
Please read these Terms carefully before accessing our Platform. Your continued use of the Platform signifies your acceptance of these Terms and any modifications that may be made to the Terms in the future. These Terms affect your legal rights and obligations, including but not limited to waivers of rights and limitations on liability. If you do not agree to be bound by all of these Terms, do not access or use the Platform.
Privacy and Your Personal Information: For information about Planist’s data protection practices, please read our Privacy Policy available at https://theplanist.com/privacy-policy/. This policy explains how we treat your personal information and protect your privacy when you use our services. The Privacy Policy is incorporated into these Terms by reference, further emphasizing our commitment to secure and responsible handling of your information.
This Introduction sets the stage for your interaction with Planist and outlines the mutual commitments between you and Planist. As we proceed to further sections, we will detail more about the specific uses of our Platform, your rights as a user, and our responsibilities as a service provider.
2. Acceptance of Terms
Scope of Agreement
These Terms govern your use of the Planist platform, which includes the materials we provide and any services, plug-ins, software, or downloadable tools (collectively referred to as the “Services”) that are accessible via our website. References to “us,” “we,” or “our” indicate Planist, the owner and operator of the website. By using the Platform, you, whether as a User, Invitee, or Viewer, agree to these Terms, which form an essential basis of our agreement.
Legal Capacity
By engaging with our Platform, you represent that you have the legal capacity to enter into binding contracts. If you are using the Platform on behalf of a company or another legal entity, you represent that you have the authority to bind that entity to these Terms, which obligates all users from that entity to comply with these provisions.
Acceptance Through Use
Your use of our Platform indicates your unconditional agreement to be bound by these Terms and is subject to your continued compliance with the provisions set forth herein. If at any point you do not agree to these Terms, you must immediately stop using the Platform and terminate your account.
Changes to Terms
We reserve the right to modify these Terms at any time. All changes will be effective immediately upon posting to our Platform, and you waive any right you may have to receive specific notice of such changes. Your continued use of the Platform after such posting will be deemed acceptance by you of the revised Terms. We encourage you to review the Terms periodically for any updates or changes.
Binding Arbitration
These Terms include a mandatory arbitration provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or any other court proceedings, or class actions of any kind. As detailed in the Dispute Resolution and Arbitration section, this will significantly affect how disputes you and we have against each other are resolved.
By accepting these Terms, you acknowledge that you have read, understood, and agree to be bound by this binding arbitration agreement. You also acknowledge that you are giving up your rights to litigate claims in a court or before a jury with respect to any such claim.
3.Account Responsibilities
You are solely responsible for all activities that occur under your account, whether you have authorized such activities or actions or not. It is your responsibility to safeguard the confidentiality of your account information, including your password and username. You agree to immediately notify Planist of any unauthorized use of your account or any other breach of security. Planist will not be liable for any loss or damage arising from your failure to comply with this requirement.
User Conduct
As a user of the Planist platform, you agree to conduct yourself in a manner that is consistent with these Terms and with any applicable laws and regulations. You shall not misuse the platform or assist anyone else in doing so. Specifically, you agree not to:
- Engage in any activity that interferes with or disrupts the services or the servers and networks which are connected to the services.
- Duplicate, transfer, give access to, copy, or distribute any part of the services in any medium without Planist’s prior written authorization.
- Attempt to access or search the services or download content from the services through the use of any technology or means other than those provided by Planist or other generally available third-party web browsers (such as Microsoft Edge, Google Chrome, Mozilla Firefox, Apple Safari).
- Use the services for any commercial solicitation purposes, unless all involved parties have agreed.
Account Security
Planist takes the security of its users’ accounts very seriously. We implement a variety of security measures designed to maintain the safety of your personal information. However, we cannot guarantee absolute security. By using our services, you acknowledge that you understand and agree to assume these risks.
Account Termination and Suspension
Planist reserves the right to suspend or terminate your account at any time for any reason, including, but not limited to, a breach of these Terms, upon providing you with notice. Upon termination, your right to use the services will immediately cease. If you wish to terminate your own account, you may simply discontinue using the services.
4. Privacy and Security
Commitment to Privacy
Planist is committed to protecting the privacy and security of our users’ information. Detailed information on how we collect, use, and protect your personal data is outlined in our Privacy Policy, which is integral to these Terms of Use. You can review the full Privacy Policy at https://theplanist.com/privacy-policy/, which is incorporated here by reference. By agreeing to these Terms, you acknowledge that you have read and understood our Privacy Policy.
Data Security Practices
Planist employs industry-standard security measures designed to protect the security and confidentiality of your information. This includes technical, administrative, and physical safeguards to protect your data from unauthorized access, disclosure, use, and modification. However, no internet-based site can be 100% secure, and we cannot guarantee absolute security of your information.
Use of Cookies and Tracking Technologies
Our Platform utilizes cookies and similar tracking technologies to enhance user experience, analyze trends, administer the website, track users’ movements around the website, and to gather demographic information about our user base as a whole. Users can control the use of cookies at the individual browser level. For more details, refer to our Privacy Policy.
Compliance with Legal Obligations
Planist conducts its services in compliance with applicable laws and regulations, including data protection regulations such as the General Data Protection Regulation (GDPR) for users within the European Union. We are committed to cooperating with data protection authorities and resolving any complaints about your privacy and our collection or use of your personal information.
User Rights and Controls
Users have certain rights regarding their personal information, as detailed in the Privacy Policy. These include the right to access, correct, amend, or delete information, as well as the right to restrict and object to certain processing of their information. Users wishing to exercise these rights should follow the procedures outlined in our Privacy Policy.
Reporting Security Breaches
Planist is committed to the security of our users’ information and provides mechanisms for users to report any security vulnerabilities or breaches. We will take prompt action to evaluate and address any reported vulnerabilities in accordance with regulatory requirements and our security policies.
5.Intellectual Property and User Content
Intellectual Property Rights
All materials provided on the Planist platform, including but not limited to text, data, graphics, logos, button icons, images, audio clips, digital downloads, and software, are the property of Planist or its content suppliers and are protected by international copyright and intellectual property laws. Planist retains all rights, title, and interest in and to the Platform and any content generated, provided, or otherwise made accessible on or through the Platform.
User License
Subject to your compliance with these Terms, Planist grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Planist services. This license does not include any resale or commercial use of any Planist service or its contents, any collection and use of any product listings, descriptions, or prices; any derivative use of any Planist service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools.
User Contributions
Users may post, upload, publish, submit or transmit relevant content and information, which may include personal data or intellectual property managed by users. By making available any User Contributions on or through the Planist Platform, you grant Planist a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Contributions on, through, or by means of the Planist Platform. You are solely responsible for all your User Contributions and the consequences of posting, publishing them, sharing them, or otherwise making them available on the Planist Platform.
Third-Party Intellectual Property
Some content, products, and services available via our Service may include materials from third parties. Planist may provide links to third-party websites as a convenience to you. You agree that Planist is not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
Copyright and Trademark Complaints
Planist respects the intellectual property of others and asks that users of our Platform do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Copyright Policy, which sets out the procedure for making claims of copyright or trademark infringement.
6. Payment Terms
Subscription Fees and Payment
Planist offers both Free and Paid Accounts. If you choose to upgrade to a Paid Account, you agree to pay the subscription fees and any other charges incurred in connection with your user account. Details regarding the specific fees and payment terms for different account types are fully described on our pricing page. All fees are stated in United States dollars and are non-refundable.
Billing and Renewal
Planist bills you through an online account for use of the paid services. We automatically renew all paid subscriptions on the day after the subscription expires. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Planist may submit periodic charges without further authorization from you.
Updating Billing Information
You are responsible for providing complete and accurate billing and contact information to Planist and notifying us of any changes to such information.
Late Payments
In the event of any failure by you to make payment, you will be responsible for all reasonable expenses (including attorneys’ fees) incurred by Planist in collecting such amounts.
Cancellation Policy
You may cancel your Paid Account at any time. Upon cancellation, you will continue to have access to the Paid Services through the end of your current billing period. To cancel, you can go to your account settings and follow the instructions for cancellation.
Refunds
As previously stated, all payments made to Planist are non-refundable. This includes any pre-paid fees or other amounts paid by you in connection with the services.
Service Modifications and Price Changes
Planist reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Prices of all services, including but not limited to monthly subscription plan fees, are subject to change upon 30 days’ notice from us. Such notice may be provided at any time by posting the changes to the Planist site or the service itself.
Planist shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
7. Legal Compliance and Dispute Resolution
Compliance with Laws
You agree to use the Planist platform in compliance with all applicable local, state, national, and international laws, statutes, ordinances, and regulations. Planist does not condone the use of its services for unlawful activities and reserves the right to terminate access to any user who does not comply with these legal standards.
Dispute Resolution and Arbitration
- Mandatory Arbitration: You agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in France, before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
- Class Action Waiver: You and Planist agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and Planist agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Île-de-France, United States, without regard to its conflict of law provisions.
General Provisions
Severability
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
Assignment
You may not assign these Terms or any of your rights or obligations under these Terms without Planist’s express written consent. Planist may assign these Terms or any of its rights or obligations under these Terms without your consent.
Entire Agreement
These Terms, together with any amendments and any additional agreements you may enter into with Planist in connection with the Service, shall constitute the entire agreement between you and Planist concerning the Service.
Waiver
The failure of Planist to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
Notice
Any notices or other communications provided by Planist under these Terms, including those regarding modifications to these Terms, will be given: (i) by Planist via email; or (ii) by posting to the Service.
User Feedback
Planist encourages feedback from its users. However, Planist may use any comments, information, ideas, or feedback you provide without obligation to you.
8. Contact Information
For any questions or concerns regarding these Terms of Use or any other inquiries, please feel free to contact us. We are committed to providing you with the support you need and addressing your concerns promptly.
How to Contact Us?
- Email: Reach out to us via email at hello@theplanist.com for quick responses regarding the Terms of Use, our services, or any other inquiries you might have.
- Postal Mail: If you prefer to contact us by mail, you can send your correspondence to our official mailing address. Please visit our website or contact us via email for the address details.
- Phone: Contact our customer support team by phone for direct assistance. Our phone number and hours of operation are available on the contact page of our website.
- Online Form: You can also use the online contact form available on our website at https://theplanist.com/contact-us. Please provide as much detail as possible to help us serve you better.
Direct Contact for Data Protection Officer
- Data Protection Inquiries: For specific questions regarding data protection or if you wish to exercise any of your rights related to data privacy as outlined in our Privacy Policy, you can directly contact our Data Protection Officer through the methods listed above.
9. Description of Services
Services Provided: Planist provides a comprehensive, blockchain-enabled platform designed to enhance the scheduling of appointments for various industries. Our services facilitate the management of time and resources, offering tools for booking, modifying, and canceling appointments seamlessly.
Accessibility: We strive to ensure that our services are accessible to all users, including those with disabilities. Planist continually updates and tests its platform to enhance accessibility and usability.
10. Export Control
The use of the Planist platform and its services may be subject to U.S. export control laws and regulations, as well as other country-specific regulations. By using Planist, you agree to comply with all applicable export and re-export restrictions or regulations. You certify that you are not located in, under the control of, or a national or resident of any restricted country.
11. Termination and Suspension
Account Termination: Planist reserves the right to terminate or suspend your account if you breach these Terms, engage in prohibited activities, or use the services in a manner inconsistent with local, state, national, or international laws. Termination will result in the deactivation or deletion of your Account and access to your Account, and the forfeiture and relinquishment of all content in your Account.
Effects of Termination: Upon termination, all licenses and rights granted to you in these Terms will immediately cease. Planist is not liable to you or any third party for termination of your services or access to the Planist platform.
12. Closing Statement
Acknowledgment of Understanding: By using the Planist platform, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Use. We value your trust and commitment to us and strive to exceed your expectations in the services we provide.
13. Updates to the Terms
Planist reserves the right to update or modify these Terms at any time. Changes to these Terms will be posted on our website and effective immediately upon posting. We encourage you to review the Terms regularly to ensure that you are aware of any changes. If significant changes are made, we will provide more direct notice by sending you an email or displaying a prominent notice on our website.
Acceptance of Updated Terms
Continued use of our platform after any such updates will constitute your agreement to the modified Terms of Use. If you do not agree to the changes, you must stop using the services and deactivate your account.
This section of the Terms of Use ensures that you know how to contact us for any reason and are informed about how changes to these Terms are handled. Please review and verify that it meets your requirements, or let me know if there are any adjustments you would like to make.
