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Terms of Service

Last Updated: June 1, 2018

myPlanit Inc., Terms of Service

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SERVICES OFFERED BY MYPLANIT INC. ("MYPLANIT"), A DELAWARE CORPORATION. THESE TERMS OF SERVICE SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT HTTPS://MYPLANIT.COM (THE "SITE"), THE MYPLANIT MOBILE APPLICATION AND THE SERVICES, FEATURES, CONTENT, APPLICATIONS OR WIDGETS OFFERED BY MYPLANIT (COLLECTIVELY, WITH THE SITE AND MOBILE APPLICATION, THE "SERVICE".)

ACCEPTANCE OF TERMS
By registering for and/or using the Service in any manner, including but not limited to visiting or browsing the Site, you agree to all of the terms and conditions contained herein ("Terms of Service"), which also incorporate myPlanit’s Privacy Policy, and all other operating rules, policies and procedures that may be published from time to time on the Site by myPlanit, each of which is incorporated by reference and each of which may be updated by myPlanit from time to time without notice to you in accordance with the terms set out under the "Modification of Terms of Service" section below. In addition, some services offered through the Service may be subject to additional terms and conditions specified by myPlanit from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference. These Terms of Service apply to all users of the Service.

ACCESS
Subject to these Terms of Service, myPlanit may offer to provide the Services, which are selected by you, solely for your own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services myPlanit performs for you, and any applications or widgets offered by myPlanit that you download from the Site or, subject to the terms set out under the "Third Party Sites and Services" section below, from third party application stores (e.g., iTunes® store, or Google Apps Marketplace) authorized by myPlanit.

REGISTRATION AND ELIGIBILITY
As a condition to using certain aspects of the Service, you are required to register with myPlanit and represent, warrant and covenant that you provide myPlanit with accurate and complete registration information and to keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of these Terms of Service, which may result in immediate termination of your myPlanit account.
You agree that:

  • You shall not create any account for anyone other than yourself without such person'spermission.
  • You shall not use an email that belongs to another.
  • You shall not use a myPlanit account that is subject to any rights of a person other than you without appropriate authorization.
  • You are responsible for any activity that occurs under your myPlanit account.

myPlanit reserves the right to refuse registration of, or cancel an account, in its sole discretion. You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your myPlanit password. You shall never use another user's account without such other user's prior express permission. You will immediately notify myPlanit in writing of any unauthorized use of your account, or other account related security breach of which you are aware.

You represent and warrant that if you are an individual, you are of legal age to form a binding contract. The Service is not available to individuals who are younger than 13 years old (or 14 years old, if the user lives in Spain or South Korea), and if a user is between the ages of 13 and 16 years old, they need consent from the holder who has parental responsibility over them. myPlanit may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Service is revoked where these Terms of Service or use of the Service is prohibited and, in such circumstances, you agree not to use or access the Site or Services in any way.

If you use a mobile device, please be aware that your carrier's normal rates and fees, such as text messaging and data charges, will still apply.

myPLANIT CONTENT
The Service contains content specifically provided by myPlanit or its partners and such content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. You shall abide by and maintain all copyright notices, information, and restrictions contained in any content accessed through the Service. Subject to these Terms of Service, myPlanit grants each user of the Site and/or Service a worldwide, non-exclusive, non-sublicensable and non-transferable license to use, modify and reproduce the content, solely for personal, non-commercial use. Use, reproduction, modification, distribution or storage of any content for other than personal, non-commercial use is expressly prohibited without prior written permission from myPlanit, or from the copyright holder identified in such content's copyright notice, as applicable. You shall not sell, license, rent, or otherwise use or exploit any content for commercial (whether or not for profit) use or in any way that violates any third party right.

RULES AND CONDUCT
As a condition of use, you promise not to use the Service for any purpose that isprohibited by these Terms of Service. You are responsible for all of your activity in connection with the Service. Additionally, you shall abide by all applicable local, state, national and international laws and regulations and, if you represent a business, any advertising, marketing, privacy, or other self-regulatory code(s) applicable to your industry. By way of example, and not as a limitation, you shall not (and shall not permit any third partyto) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Service that:

  • infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
  • you know is false, misleading, untruthful or inaccurate;
  • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, promotes bigotry, discrimination or violence, or is otherwise inappropriate as determined by myPlanit in its sole discretion;
  • constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
  • contains software viruses or any other computer codes, files, worms, logic bombs or programs that are designed or intended to disrupt, disable, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of myPlanit or any third party;
  • impersonates any person or entity, including any employee or representative of myPlanit;
  • includes anyone's identification documents or sensitive financial information; or
  • breaches the Privacy Policy and/or any of the other policies and rules incorporated herein.

myPlanit has a zero-tolerance policy against child pornography, and will terminate and report to the appropriate authorities any user who publishes or distributes child pornography via the myPlanit mobile application.

You shall not (directly or indirectly):

  • take any action that imposes or may impose (as determined by myPlanit in its sole discretion) an unreasonable or disproportionately large load on myPlanit's (or its third party providers') infrastructure;
  • interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service;
  • bypass any measures myPlanit may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service);
  • run any form of auto-responder or "spam" on the Service;
  • use manual or automated software, devices, or other processes to "crawl" or "spider"any page of the Site;
  • harvest or scrape any Content from the Service;
  • modify, adapt, appropriate, reproduce, distribute, translate, hack, create derivative works or adaptations of, publicly display, republish, repurpose, sell, trade, or in any way exploit the Service or Site Content (other than your own data) or modify another website or application so as to falsely imply that it is associated with myPlanit, except as expressly authorized by myPlanit;
  • decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service (including without limitation any application or widget), except to the limited extent applicable laws specifically prohibit such restriction;
  • access myPlanit’s private APIs by any other means other than the myPlanit application itself;
  • copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;
  • use myPlanit for any illegal or unauthorized purpose;
  • otherwise take any action in violation of myPlanit's guidelines and policies.

OWNERSHIP OF YOUR INFORMATION
You own all the data, content and information that you sync into, create, store or share via myPlanit, to the extent you owned it prior to your use of it within myPlanit, and you control how it is shared. We do not assume any rights (copyrights or otherwise to your work, and except when compelled by law, we will never explicitly share them without your permission.

THIRD PARTY SITES AND SERVICES
The Service may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Site. When you access third party websites, you do so at your own risk. These other websites are not under myPlanit's control, and you acknowledge that myPlanit is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by myPlanit or any association with its operators. You further acknowledge and agree that myPlanit 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 such Content, goods or services available on or through any such website or resource.

TERMINATION
We may permanently or temporarily revoke or suspend your access to myPlanit at any time, without cause, without notice and without liability for any reason including your violation of these Terms, which may result in the forfeiture and destruction of all information associated with your membership. Upon termination for any reason or no reason, you continue to be bound by these Terms. If you wish to terminate your account, you may do so by contacting us at: support@myplanit.com. Any fees paid hereunder are non-refundable. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

WARRANTY DISCLAIMER
There will be occasions when one or more of myPlanit’s services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of myPlanit. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your mobile phone, computer equipment, computer programs, data or other proprietary material due to your use of the Services or any services or items obtained through the Services or to your downloading of any material posted on it, or on any services linked to it.

As we update and improve myPlanit, we may add or remove functionalities or features.You can stop using the service at any time.

Save to the extent required by law, myPlanit has no special relationship with or fiduciary duty to you. You acknowledge that myPlanit has no control over, and no duty to take any action regarding which users gain access to the Service. You release myPlanit from all liability for you having acquired or not acquired Content through the Service. The Service may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. myPlanit makes no representations concerning any Content contained in or accessed through the Service, and myPlanit will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.

WE TRY TO KEEP MYPLANIT UP, BUG-FREE, SAFE AND SECURE, BUT YOU USE THE WEBSITE, MOBILE APP, SERVICE AND CONTENT SOLELY AT YOUR OWN RISK. MYPLANIT, AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE, ERROR-FREE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) MYPLANIT WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNIFICATION
You shall defend, indemnify, and hold harmless myPlanit, its affiliates and each of its and its affiliates' employees, contractors, directors, suppliers and representatives from all losses, costs, actions, claims, damages, expenses (including reasonable legal costs) or liabilities, that arise from or relate to your use or misuse of, or access to, the Site, Mobile App, Service, Content or otherwise from your violation of these Terms of Service, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity (save to the extent that a court of competent jurisdiction holds that such claim arose due to an act or omission of myPlanit.) myPlanit reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with myPlanit in asserting any available defenses.

LIMITATION OF LIABILITY
ALL LIABILITY OF MYPLANIT, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HOWSOEVER ARISING FOR ANY LOSS SUFFERED AS A RESULT OF YOUR USE OR INABILITY TO USE THE SITE, MOBILE APP, SERVICE, OR CONTENT IS EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, SAVE THAT, IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT LIABILITY OF MYPLANIT, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS (AS APPLICABLE) HAS ARISEN, THE TOTAL OF SUCH LIABILITY SHALL BE LIMITED TO THE AMOUNTS RECEIVED FROM YOU, IF ANY, FOR THE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,IN NO EVENT SHALL MYPLANIT, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY OR OTHERWISE (AND WHETHER OR NOT MYPLANIT, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HAD PRIOR KNOWLEDGE OF THE CIRCUMSTANCES GIVING RISE TO SUCH LOSS OR DAMAGE) WITH RESPECT TO THE SITE, MOBILE APP, SERVICE, OR CONTENT FOR:

  • INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable;
  • LOSS OF ACTUAL OR ANTICIPATED PROFITS;
  • LOSS OF REVENUE;
  • LOSS OF GOODWILL;
  • LOSS OF DATA;
  • LOSS OF ANTICIPATED SAVINGS;
  • WASTED EXPENDITURE; OR
  • COST OF PROCUREMENT OF SUBSTITUE GOODS OR SERVICES.

NOTHING IN THESE TERMS OF SERVICE SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS OF USE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, MYPLANIT’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

GOVERNING LAW
You and myPlanit agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules, and the United States of America. For all purposes of these Terms of Service, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the Southern District of New York.

Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of these Terms of Service, including without limitation, this section. If you are accepting these Terms of Service on behalf of a United States federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead these Terms and any action related thereto will be will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of New York (excluding choice of law).

INTEGRATION AND SEVERABILITY
These Terms of Service and Privacy Policy are the entire agreement between you and myPlanit with respect to the Service and use of the Site, Mobile App, Service, and Content, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and myPlanit with respect to the above. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, myPlanit must provide you with written notice of such waiver through one of its authorized representatives.

MODIFICATION OF THESE TERMS OF SERVICE
myPlanit reserves the right, at its sole discretion, to modify or replace any of these Terms of Service, or change, suspend, or discontinue the Service at any time by posting a notice on the Site or by sending you notice through the Service or via email. Any new features that change or enhance the current service, including the release of new tools and resources, are subject to the Terms of Service. myPlanit may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check these Terms of Service periodically for changes. Your continued use of the Service after any such changes shall constitute your acceptance of those changes.

CANCELLATION OF THESE TERMS OF SERVICE
In respect of users located in the EEA who wish to receive Services, such users may have a right to cancel these Terms of Service under the European Distance Selling Directive (97/7/EC) ("Directive") within 7 days of accepting these Terms of Service solely to the extent such right applies under the Directive to such users, save that if such right to cancel applies, it shall cease to exist from the time of actual use of the Services by such users.

MISCELLANEOUS
myPlanit shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond myPlanit's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). These Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with myPlanit's prior written consent. myPlanit may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect.Unless otherwise specified in these Terms of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

Solely in respect of users located in the EEA and/or Australia, in respect of these Terms of Service and your use of this Site, Mobile App and Service, nothing in these Terms of Service shall be deemed to grant any rights or benefits to any person, other than us and you (and our and your respective successors in title or assignees), or entitle any third party to enforce any provision hereof, and we and you agree that we do not intend that any provision of these Terms of Service should be enforceable by a third party by virtue of the Contracts (Rights of Third Parties) Act 1999.

QUESTIONS OR FEEDBACK? CONTACT US
If you have any questions about these Terms or to send us feedback or submit ideas, please email us at support@myplanit.com. We always appreciate your feedback or other suggestions, but you understand that we may you use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to submit them.)

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