Terms and Conditions
Plan Perfect LLC
TERMS AND CONDITIONS
DISPUTE RESOLUTION NOTICE: BY AGREEING TO THESE TERMS AND CONDITIONS YOU AGREE THAT ANY/ALL DISPUTES BETWEEN YOU AND PLANPERFECT WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNLESS YOU OPT-OUT IN ACCORDANCE WITH THE PROCESS DESCRIBED IN SECTION 19 OF THESE TERMS. IF YOU ARE A CONSUMER LOCATED IN THE UNITED KINGDOM, THE EUROPEAN ECONOMIC AREA, SWITZERLAND, OR CANADA, PLEASE ALSO REVIEW SECTION 18.F, BELOW, WHICH DESCRIBES HOW MANDATORY CONSUMER PROTECTION LAW IN YOUR JURISDICTION MAY AFFECT THIS ARBITRATION PROVISION.
Last updated August 15, 2026
Welcome to Plan Perfect LLC's (“PlanPerfect,” “we,” or “us” and related terms) strategic planning platform (the “Service”, as further defined herein).
Please read these Terms And Conditions (“Terms”) carefully, as these Terms form a binding legal agreement between you and PlanPerfect, and these Terms govern your use of the Service. If you do not agree to any part of these Terms, you must not use the Service.
Privacy Policy: These Terms incorporate the terms of our Privacy Policy by reference. Our Privacy Policy is available at: Privacy Policy (the “Privacy Policy”), and it explains how we collect, use, disclose, and protect Personal Information, including through AI Tools. If you are located in the United Kingdom, the European Economic Area, Switzerland, or Canada, additional terms apply to you as described in Section 18 below.
AI Tools Notification: We use AI Tools to provide various functions within our Service. To learn more please review the terms of Section 9 (below) and Section 5 of our Privacy Policy.
1. Definitions
“AI Tools” means the large language model (LLM) based tools, resources, models, and agents (including those made available through PlanPerfect's third-party AI service providers) that are incorporated into or used to provide certain features of the Service, as further described in Section 9 of these Terms and Section 5 of our Privacy Policy.
“AI Inputs” and “AI Outputs” have the meanings given to them in Section 9 of these Terms.
“Applicable Data Protection Laws” means all data protection and privacy laws applicable to the processing of Personal Information under these Terms, including, as applicable: the EU General Data Protection Regulation (Regulation (EU) 2016/679) (“EU GDPR”); the UK GDPR and the UK Data Protection Act 2018; and Canadian federal and provincial private-sector privacy laws, including the Personal Information Protection and Electronic Documents Act (“PIPEDA”) and, where applicable, Quebec's Act Respecting the Protection of Personal Information in the Private Sector, as amended by Quebec's Act to Modernize Legislative Provisions as Regards the Protection of Personal Information (“Quebec Law 25”).
“Content” includes all PlanPerfect information, data, text, software, documents, sound, photographs, graphics, video, or other materials submitted, posted, or displayed on the Service.
“Personal Information” means information relating to an identified or identifiable individual, and includes similar terms defined under Applicable Data Protection Laws (such as “personal data”), as further described in the Privacy Policy.
“Privacy Policy” means PlanPerfect's Privacy Policy, as updated from time to time, which is available at: Privacy Policy.
“Service” refers to the strategic planning software platform provided by Plan Perfect LLC, including all websites, service portals, mobile applications (if any), Content and other service features.
“User” refers to any individual or entity who accesses or uses the Service and is subject to these Terms, including you. “User Content” means Content submitted, posted or made available to the Service by Users, and also includes AI Inputs and AI Outputs. “Your Content” means User Content submitted, posted or made available to the Service by you, including Feedback. “Feedback” means any suggestions, ideas and other feedback concerning the Service which you provide to PlanPerfect voluntarily.
2. Acceptance of These Terms
By accessing or using the Service, and/or by clicking “I agree,” “I accept,” or other similar language relating to these Terms on our Service, you acknowledge and agree to these Terms, and the terms of the Privacy Policy incorporated here by reference (collectively, the “Agreement”). Continued use of the Service following any updates to these Terms constitutes your acceptance of the revised version of these Terms.
3. Eligibility
By accepting these Terms you represent that you are at least 18 years of age and that you are legally capable of entering into this Agreement. If you are using the Service on behalf of an organization, you represent that you are authorized to bind that organization to these Terms. PlanPerfect controls and operates the Service from the United States of America. PlanPerfect does not represent that any of the materials provided through the Service are appropriate or available for use in other locations. Persons who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with all local laws including (without limitation) Applicable Data Protection Laws.
If you are located in, or you are accessing the Service on behalf of, an organization located in the United Kingdom, the European Economic Area (“EEA”), Switzerland, or Canada, Section 18 (International Users; United Kingdom, European Union, and Canada-Specific Terms) below sets out additional terms that apply to you, including with respect to data protection, statutory withdrawal rights, and dispute resolution. Section 18 supplements, and (solely to the extent required by mandatory law applicable to you) takes precedence over, any conflicting provision elsewhere in these Terms.
4. Account Registration
To access certain features of our Service you must register for an account. When you register, and while you are authorized to use the Service, you agree to: (a) provide and maintain accurate and current registration information, (b) maintain the security of your passwords and username, and (c) be fully responsible for all uses of your account resulting from your acts or omissions. You are responsible for all activity under your account and must report any suspected security breach(es) promptly.
We reserve the right to modify or discontinue your account at any time for any reason or no reason at all, in our sole discretion. And we expressly retain the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time, if, in our opinion, you have violated any provision of these Terms.
By creating an account, you also consent to receive electronic communications from PlanPerfect. You agree that any service-related notices, agreements, disclosures or other communications that PlanPerfect sends to you electronically will satisfy any legal communication requirements, including, without limitation, that such communications be in writing. You should maintain copies of such electronic communications received from PlanPerfect.
You further consent and agree that use of your finger, a keypad, mouse or other device to select an item, button, icon or similar act while using the Service, or in accessing or making any transactions regarding any agreement, acknowledgment, consent, terms, disclosures or conditions, constitutes your signature, acceptance, and agreement as if actually signed by you in writing. Further, you agree that no certification authority or other third-party verification is necessary to establish the validity of your electronic signature, and that the lack of such certification or third-party verification will not affect the enforceability of your signature or any resulting contract between you and PlanPerfect. For Users in the United Kingdom or the EEA, this Section is intended to satisfy applicable electronic signature laws, including the UK Electronic Communications Act 2000 and Regulation (EU) No 910/2014, to the extent applicable, and nothing in this Section limits any right you may have under those laws.
5. Subscription Plans and Fees
A. Subscription Terms
PlanPerfect offers subscription plans based on a 12-month minimum commitment. Regardless of payment frequency (monthly, quarterly, annually), subscribers agree to pay for an entire year of service, starting from the initial payment date, but subject to a one-time, initial 14-day trial period. You can cancel the service subscription (for the first subscription period only) at any time within such 14-day trial window for a complete refund. To cancel, please provide notice to us as set forth in Section 26.
All subscription terms, services, pricing and these Terms are presented at the time of enrollment. Your subscription will automatically renew unless you cancel prior to your contract renewal date. Before each renewal, you may be notified of your current and upcoming rates. Non-cancellation of your subscription to the Service constitutes acceptance of a renewal and any fee changes.
Subscriptions may be cancelled at any time, but any such cancellation will become effective only at the end of the then-current annual subscription term. No refunds or credits are issued for early termination or unused periods after the initial 14-day trial period (and for the avoidance of doubt, automatic renewals will not start new 14-day trial periods). If a subscription is to be paid in installments, then, upon cancellation, all remaining payments in the annual commitment must be fulfilled.
PlanPerfect reserves the right to pursue collection of unpaid balances, including through third-party agencies or credit reporting services, and you will be liable for all of PlanPerfect's expenses in doing so. Any amount not paid when due will be subject to finance charges equal to one and a half percent (1.5%) of the unpaid balance per month or the highest rate permitted by applicable usury law, whichever is less, determined and compounded daily from the date due until the date paid.
We may allow you to make payments using different payment methods. You may pay by credit, debit, or check card (each a “Payment Card”), check, or wire transfer.
We may use a third-party payment processor (the “Payment Processor”) for any payment made in connection with subscriptions, in which case your use of the Service will also be subject to the terms, conditions, and policies of the Payment Processor. Payments processed via the Payment Processor are not accessible or controlled by us. Your access to the Service may be suspended or you may incur additional charges from the Payment Processor if your billing contact information is incorrect or not updated in our records, or if you fail to follow the terms, conditions and policies of the Payment Processor. We are not responsible for any damages arising out of (i) any account suspensions resulting from your incorrect billing contact information, (ii) any errors or omissions by the Payment Processor or by your credit card issuer, or (iii) any suspension of your use of the service provided by the Payment Processor for any other reason.
B. Right of Withdrawal (United Kingdom, EEA, and Switzerland Users)
If you are a consumer located in the United Kingdom, the EEA, or Switzerland, you may have a statutory right to withdraw from a distance contract for digital services within fourteen (14) days without giving any reason, under the EU Consumer Rights Directive (2011/83/EU) and/or the UK Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Our 14-day trial period described above is designed to align with this statutory withdrawal right. By creating an account and accessing the Service during the 14-day trial period, you expressly request that PlanPerfect begin providing the Service to you immediately, and you acknowledge that: (a) you may lose your statutory right of withdrawal once the Service has been fully performed within the 14-day period; and (b) if you withdraw after the Service has begun but before the end of the 14-day period, PlanPerfect may charge you an amount proportionate to the Service already supplied up to the point you notified us of your withdrawal. Nothing in this Section limits any non-waivable statutory withdrawal or cancellation right available to you under applicable law.
C. Taxes
Fees are exclusive of applicable taxes, including value-added tax (“VAT”), goods and services tax (“GST”), harmonized sales tax, or similar consumption taxes, unless otherwise stated. If you are located in the United Kingdom, the EU, or Canada, applicable VAT, GST, or similar taxes will be added to your invoice where required by law, or, where applicable and you have provided a valid tax identification number, you may be responsible for self-assessing such taxes (for example, under a reverse-charge mechanism).
6. User Conduct
You agree not to, directly or indirectly, do any of the following or encourage others to do any of the following:
Use the Service or any portion thereof, including the Content, for any illegal purpose or in violation of any local, state, national, or international laws;
Violate or encourage others to violate any right of or obligation to a third party, including by infringing, misappropriating, or violating intellectual property rights, confidentiality, or privacy rights;
Post or transmit unlawful, defamatory, tortious, or otherwise harmful Content, or Content that otherwise violates these Terms;
Engage in any harassing, illegal, obscene, threatening, intimidating, predatory or stalking conduct;
Use the Service in any manner that could disable, overburden, damage, or impair the Service, or interfere with any other Users' use and enjoyment of the Service; including (a) uploading or otherwise disseminating any virus, adware, spyware, ransomware or other malicious code, (b) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service, or violating any regulation, policy, or procedure of any network, equipment, or server; or (c) otherwise interfere with Service performance or data;
Attempt unauthorized access to systems or networks connected to the Service;
Impersonate another individual or entity or misrepresent your affiliation with another individual or entity when using the Service. You may not use or attempt to use another User's account or personal information;
Attempt to circumvent any content-filtering techniques PlanPerfect employs or attempt to access any feature or area of the Service that you are not authorized to access;
Harvest, collect or store information about other Users of the Service;
Violate any applicable local, state, national or international law, including, without limitation, all export rules and regulations, or encourage or promote any activity that violates these Terms or applicable law;
Reverse engineer any aspect of the Service or do anything to attempt to discover source code or bypass or circumvent measures employed to prevent or limit access to any Content, area or code of the Service or any computer systems or networks hosting or connected to the Service; or
Use bots, spiders, crawlers, scrapers, scripts, browser extensions, offline reader or other automated means or interfaces to access the Service, extract data or otherwise interfere with or modify the rendering of Service or its functionality, including to retrieve, benchmark, “scrape” or index any portion of the Service.
You are responsible for the accuracy of any information that you provide to PlanPerfect through the Service, including, but not limited to, any comments, feedback, remarks, suggestions, ideas, notes, drawings, graphics, concepts or other information. You represent, warrant, and agree that none of Your Content violates or infringes upon any third party's rights, including copyright, trademark, privacy, publicity, or other personal, intellectual property rights or other proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libelous, defamatory, or otherwise unlawful material.
You acknowledge, represent, and agree that Your Content is submitted voluntarily. Subject to these Terms, you hereby grant PlanPerfect and its sublicensees a worldwide, royalty-free, non-exclusive, transferable, perpetual, and irrevocable license to use, distribute, transmit, reproduce, modify, publish, translate, publicly perform and display and create derivative works of Your Content for purposes of providing the Service, and provided that, with respect to Feedback, the foregoing license extends to any PlanPerfect business purpose. You waive any right to compensation of any type for Your Content. You represent and warrant that you have all the rights necessary to grant the rights in this Section 6 and that use of Your Content by PlanPerfect does not violate any law.
You agree that PlanPerfect has the right, but not the obligation, to monitor your use of the Service and Your Content at any time for any reason, in PlanPerfect's sole discretion, to determine compliance with these Terms and any other operating rules that PlanPerfect may establish from time to time.
Notwithstanding this right, PlanPerfect does not and can not review all User Content, and accordingly PlanPerfect is not responsible for any User Content in the Service, including Your Content. PlanPerfect reserves the right to edit, disclose, refuse to post, request removal of or remove any Content, including Your Content as may be necessary to comply with any law, regulation or government or agency request (including, without limitation, patient-physician confidentiality requests) or if, in PlanPerfect's sole discretion, such information is objectionable or in violation of these Terms.
PlanPerfect will have the right to: (a) disclose your identity or other information about you to any third party who claims that Your Content violates their rights, including their intellectual property rights or their right to privacy, consistent with applicable law; (b) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service, including Your Content; (c) terminate or suspend your access to all or part of the Service for any or no reason, including without limitation, any violation of these Terms. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Service. YOU WAIVE AND HOLD HARMLESS PLANPERFECT AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
7. Third Party Links
If the Service contains links to other sites, services and/or resources which are provided by third parties, then you acknowledge and agree that these links are provided as a convenience and for informational purposes only; such links do not constitute an endorsement or an approval by PlanPerfect of any of the products, services or opinions of the corporation or organization or individual. PlanPerfect bears no responsibility for the accuracy, legality or content of the external site or for that of subsequent links. Contact the external site(s) for answers to questions regarding its content. PlanPerfect accepts no responsibility for third-party sites or services, or for any loss or damage that may arise from your use of any website provided through a third-party link. If you decide to access any third-party websites linked to the Service, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
8. Data Privacy
Personal Information and other data we collect through the Service is collected, used, disclosed, and protected as described in our Privacy Policy, at Privacy Policy, which is incorporated into and forms part of these Terms by reference. By using the Service, you acknowledge that you have read and understood the Privacy Policy, and, to the extent stated in the Privacy Policy and this Section 8, you consent to the collection, use, disclosure, and cross-border transfer of your Personal Information as described therein.
Where PlanPerfect processes Personal Information on your behalf in order to provide services via the Service (for example, information about your organization's stakeholders, donors, clients, or beneficiaries that you or your organization submit to the Service) you (or your organization) act as the data controller (or equivalent role) for that Personal Information, and PlanPerfect acts as your data processor (or equivalent role), processing such Personal Information only in accordance with your documented instructions, these Terms, and any applicable data processing agreement between us.
See Section 18 (International Users; United Kingdom, European Union, and Canada-Specific Terms) below for additional data protection terms applicable to Users located in, or whose data subjects are located in, the United Kingdom, the EEA, or Canada, including information about cross-border transfer safeguards and our data processing agreement.
Personal and usage data is collected and used to improve the Service, and you hereby consent to such collection and use. Third-party integrations use encrypted protocols and adhere to industry standards. While we implement commercially reasonable security safeguards, no method of transmission or storage is entirely secure, and we do not guarantee absolute security. Questions about how we collect, process, and use the information you submit to us in order to provide our Service, and to confirm compliance with applicable laws, are addressed in our Privacy Policy.
9. Artificial Intelligence (AI) Tools; Disclosures and Consent
The Service incorporates certain large language model (artificial intelligence) based tools, resources, and agents (“AI Tools”), which may generate drafts, summaries, analyses, recommendations, strategic plans, stakeholder engagement materials, chatbot responses, and other outputs based on Your Content and the instructions you submit. All AI Outputs require human review
Our use of AI Tools (including the categories of information processed, the third-party AI service providers we use, cross-border data transfers, data use and training restrictions, applicable risks and limitations, and your rights) is described in detail in Section 5 of the Privacy Policy. This Section 9 supplements, and should be read together with, Section 5 of the Privacy Policy; in the event of any conflict specifically regarding the processing of Personal Information through AI Tools, Section 5 of the Privacy Policy will control.
A. Third-Party AI Providers
The AI Tools that we use to provide the Service are currently provided by third-party AI service providers, including Anthropic, Inc. and OpenAI, LLC. The Content and instructions that you submit to AI Tools (“AI Inputs”) and the content generated by AI Tools in response to your instructions (“AI Outputs”) are transmitted to and processed by these service providers.
B. Your Consent to AI Processing
By using any AI Tools and/or any AI-enabled feature of the Service, you acknowledge and agree that: (i) your AI Inputs, including any Personal Information or Content you choose to include, will be transmitted to and processed by PlanPerfect and its third-party service providers, including in the United States and other countries, as described in Section 5 of the Privacy Policy; (ii) such processing, and the associated cross-border transfer of your AI Inputs and AI Outputs, is necessary to provide the AI-enabled features you request; (iii) you consent to such collection, use, processing, and cross-border transfer, subject to the safeguards described in the Privacy Policy and Section 18 of these Terms.
C. No Warranty; Not Professional Advice; AI Output Disclaimer
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AI OUTPUTS ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. AI OUTPUTS MAY CONTAIN ERRORS, INACCURACIES, OMISSIONS, OR BIASED, INCOMPLETE, OR OUTDATED INFORMATION.
IN ADDITION, AI OUTPUTS MAY INCLUDE DRAFTS OF VARIOUS KINDS OF DOCUMENTS AND BUSINESS OR RISK ASSESSMENT MATERIALS (IF YOU REQUEST SUCH OUTPUTS); THESE KINDS OF AI OUTPUTS DO NOT CONSTITUTE PROFESSIONAL, LEGAL, FINANCIAL, TAX, OR OTHER ADVICE. AI OUTPUTS ARE A TOOL TO SUPPORT, AND NOT A SUBSTITUTE FOR, YOUR OWN INDEPENDENT JUDGMENT AND, WHERE APPROPRIATE, THE ADVICE OF QUALIFIED PROFESSIONALS.
You are solely responsible for reviewing, verifying, and determining the suitability of any AI Output before relying on, using, publishing, or incorporating it into any work product or decision. Except where PlanPerfect personnel have expressly agreed to review and approve specific AI Output as part of a service you have purchased, all self-service AI Outputs are generated solely by the applicable AI Tool and have not been reviewed, validated, or endorsed by PlanPerfect.
D. Your Responsibilities and Content Restrictions
You agree that you will not submit, as an AI Input, any Content that: (i) you do not have the right to submit, including third-party confidential, proprietary, or Personal Information you are not authorized to disclose; (ii) constitutes special category, sensitive, or similarly protected Personal Information under Applicable Data Protection Laws (such as information revealing health, racial or ethnic origin, religious or philosophical beliefs, or biometric data), unless you have obtained all consents required by applicable law to do so; or (iii) otherwise violates Section 6 (User Conduct) of these Terms. You are solely responsible for ensuring that your AI Inputs and your use of AI Outputs comply with applicable law, including any obligations you may owe to third parties whose information may be reflected in your AI Inputs.
E. Intellectual Property in AI Outputs
As between you and PlanPerfect, and subject to the rights of PlanPerfect's third-party AI service providers and applicable law, PlanPerfect assigns to you such right, title, and interest as PlanPerfect may have in AI Outputs generated specifically in response to your AI Inputs, for your use in accordance with these Terms; provided that (i) because AI Outputs are generated using AI Tools, similar or identical outputs may be generated for other users in response to similar inputs, and PlanPerfect makes no representation that any AI Output is unique to you; and (ii) you are responsible for independently confirming that your use of any AI Output does not infringe the intellectual property rights of any third party, consistent with Section 5.E.7 of the Privacy Policy.
F. Human Oversight; Automated Decisions without Human Involvement
Please see Section 5.F of the Privacy Policy for additional information.
G. Opt-Out and Withdrawal
Please see Sections 5.H and 5.I of the Privacy Policy for additional information. Opting out or withdrawing consent may limit the availability, functionality, cost, or delivery timeline of certain features of the Service.
H. Changes to AI Tools
We may add, remove, or change the AI Tools or third-party AI service providers used to provide the Service, at any time.
10. Intellectual Property
Except for User Content, PlanPerfect retains all rights to the Service and its underlying technology and Content. Subject to these Terms, we grant you access to the Service for your internal business purposes only, for the term of your subscription(s). You may not distribute, modify, create derivative works of, publicly display, publicly perform, reverse engineer, reproduce or transmit the Service or any Content therein, nor may you use or access the Service, including any Content therein, to build a competing product.
The PlanPerfect name and logo, and all related names, logos, product and service names, designs, and slogans are trademarks of PlanPerfect or its licensors and you may not use those marks without the prior written permission of PlanPerfect.
11. Confidentiality
“Confidential Information” means non-public information disclosed by one party to the other that is either designated ‘confidential’ or ‘proprietary,’ or should reasonably be considered confidential based on the nature of such information or the circumstances of disclosure.
Both parties agree to protect such information using reasonable care and not to disclose it without permission, except as required by law, and not to use such Confidential Information for any purpose other than the performance of a party's obligations and exercise of its rights under these Terms. These obligations survive for five (5) years after termination of access, provided that, with respect to trade secrets, the foregoing obligations will survive for so long as such Confidential Information constitutes a trade secret under applicable law.
Without limiting the foregoing, you acknowledge and agree that your access to certain portions of the Service contain Confidential Information that belongs to PlanPerfect and PlanPerfect's licensors. You agree that you will not, during or after the termination of these Terms, permit the duplication, use or disclosure of any such Confidential Information to any person not authorized to access such Confidential Information, unless we specifically authorize such duplication, use or disclosure in writing. You shall use reasonable diligence, and in no event less than that degree of care that you use in respect to your own confidential information of like nature, to prevent the unauthorized disclosure or reproduction of such Confidential Information.
12. Service Provided As-Is; No Warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PLANPERFECT OFFERS THE SERVICE (INCLUDING ALL CONTENT AVAILABLE ON OR THROUGH THE SERVICE AND ANY THIRD-PARTY SERVICES) ON AN AS-IS AND AS-AVAILABLE BASIS, AND PLANPERFECT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SERVICE OR THE CONTENT, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF ACCURACY, RELIABILITY, AVAILABILITY, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. PLANPERFECT DOES NOT WARRANT THAT THE FUNCTIONS OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICE WILL BE ERROR-FREE, THAT DEFECTS CAN OR WILL BE CORRECTED, OR THAT ANY SERVERS OR OTHER TECHNICAL ASSETS USED BY PLANPERFECT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
13. Limitation of Liability
TO THE GREATEST EXTENT PERMITTED BY LAW AND SUBJECT TO SECTION 14 (EXCLUSION OF CONSEQUENTIAL DAMAGES) BELOW, YOU EXPRESSLY AGREE THAT THE AGGREGATE TOTAL LIABILITY TO YOU OF PLANPERFECT, ITS AFFILIATES AND THEIR RESPECTIVE EMPLOYEES, OFFICERS AND DIRECTORS AND AGENTS ARISING IN CONNECTION WITH OR RELATED IN ANY WAY TO THE SERVICE, THE CONTENT OR THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE SUM OF $50.00 USD, OR (B) THE AMOUNT PAID BY YOU TO PLANPERFECT FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENTS FIRST GIVING RISE TO THE CLAIM.
United Kingdom, EEA, and Canada — Statutory Rights Not Limited. Nothing in this Section 13 excludes or limits PlanPerfect's liability for: (a) death or personal injury caused by its negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be excluded or limited as a matter of law applicable to you, including, where applicable, under the UK Consumer Rights Act 2015, the UK Unfair Contract Terms Act 1977, mandatory consumer protection or civil liability law of an EEA member state, or applicable Canadian federal or provincial consumer protection legislation. See also Section 18.E (Statutory Rights Not Affected).
14. Exclusion of Consequential Damages
NOTWITHSTANDING ANY PROVISION TO THE CONTRARY IN THIS AGREEMENT, TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PLANPERFECT OR ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, OTHER AGENTS, LICENSORS OR SERVICE PROVIDERS BE LIABLE TO YOU ON ANY LEGAL THEORY (WHETHER BASED ON CONTRACT, WARRANTY, PRODUCT LIABILITY, TORT, INCLUDING NEGLIGENCE, OR OTHER LEGAL THEORY) FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, BUSINESS OPPORTUNITIES, OR DATA, IN EACH CASE THAT ARISE IN CONNECTION WITH OR ARE RELATED IN ANY WAY TO THE SERVICE, CONTENT OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This Section 14 does not apply to the extent it would exclude or limit liability that cannot lawfully be excluded or limited, including the categories of liability described in Section 13 above.
15. Indemnification
You agree to indemnify and hold harmless PlanPerfect and its affiliates and their respective employees, officers, directors and agents from and against any third party claims or liabilities, damages, expenses, costs, including reasonable attorneys' fees, and other losses resulting directly or indirectly from or arising out of (a) your violation of these Terms, (b) your use of any part of the Service, including Content, (c) your violation of any applicable law or the rights of any third party, including intellectual property rights, in using the Service, including in submitting Your Content or AI Inputs; and (d) your fraud, gross negligence or willful misconduct.
16. Publicity and Marketing
Unless otherwise agreed in writing, you grant us (Plan Perfect LLC) permission to use your company name, logo, and website for marketing and promotional purposes, including on our website and in presentations.
17. Termination and Data Retention
We may modify, suspend, or discontinue any part of the Service at any time, with or without notice, in our sole discretion. We are not liable for any resulting loss.
You may terminate your account at any time in accordance with the terms of Section 5 of these Terms.
We may suspend or terminate your access to the Service at our discretion, with or without notice, for any reason, including violation of these Terms, nonpayment, violation of applicable law, security threats, threats to the performance and stability of the Service, inactivity, or if we believe in good faith that such action is in the best interests of the Service or our customers. Upon termination, all rights under these Terms immediately cease, and you must stop using the Service. No termination or suspension will affect your payment obligations for the remainder of your then-current subscription term.
Unless your access is terminated in accordance with the provisions of the foregoing paragraph, you will have access to your account and data until the end of your current billing period. During this time, you may request a data export in a structured format (e.g., CSV or PDF) by contacting us at info@planperfect.co.
After the termination or expiration of your subscription, we may retain your data for up to 90 days for legal or backup purposes, after which it may be permanently deleted unless legally required otherwise. You may request early deletion in writing. It is your responsibility to download your data before your access ends. We are not liable for data loss after this period. See also Section 10 (Data Retention) of the Privacy Policy for additional information about how long we may retain Personal Information.
The rights, obligations, and commitments in these Terms that, by their nature, would logically continue beyond the termination of your use of or access to the Service survive termination or expiration of these Terms.
18. International Users; United Kingdom, European Union, and Canada-Specific Terms
This Section 18 applies to Users who access or use the Service from, or whose Personal Information is processed by PlanPerfect in connection with, the United Kingdom, the EEA, Switzerland, or Canada (collectively, “Covered Users”). This Section 18 supplements the other provisions of these Terms and, solely to the extent of any direct conflict and solely to the extent required to comply with mandatory law applicable to a Covered User, this Section 18 will control.
A. Relationship to our Privacy Policy
Additional details regarding our data protection practices applicable to Covered Users (including our roles as controller and processor, the safeguards we use for cross-border data transfers, and your rights under Applicable Data Protection Laws) are set out in Section 9 (International Data Transfers and Cross-Border Processing) and Section 11 (Your Privacy Rights and Choices) of the Privacy Policy, which is incorporated into these Terms by reference.
B. Data Processing Agreement
To the extent PlanPerfect processes Personal Information as a processor (or equivalent role) on behalf of a Covered User in connection with the Service, PlanPerfect will, upon request, enter into a data processing agreement incorporating applicable Standard Contractual Clauses or other approved cross-border transfer mechanisms, consistent with Section 9 of the Privacy Policy. Contact us using the information in Section 26 (Contact Information) below to request a copy.
C. UK and EU Representative
Where required by Article 27 of the EU GDPR or the UK GDPR, PlanPerfect will identify a representative in the applicable jurisdiction and will make that representative's contact details available in the Privacy Policy or upon request. As of the date of these Terms, please direct all inquiries to PlanPerfect's Privacy Officer, identified in Section 14 of the Privacy Policy.
D. Right of Withdrawal
See Section 5 (Subscription Plans and Fees) above for information regarding the statutory right of withdrawal available to consumers in the United Kingdom, the EEA, and Switzerland for distance contracts, and how it interacts with our 14-day trial period.
E. Statutory Rights Not Affected
Nothing in these Terms is intended to, or does, exclude or limit any right that you have as a consumer under the mandatory law of your country or province of habitual residence, including consumer protection laws of the United Kingdom, an EEA member state, Switzerland, or Canada (including applicable provincial consumer protection legislation, such as Quebec's Consumer Protection Act), that cannot be excluded or limited by agreement. If any provision of these Terms is inconsistent with such mandatory law as applied to you, that provision will apply to you only to the extent permitted by such law, and the remainder of these Terms will otherwise remain in full force and effect.
F. Dispute Resolution for Consumers
Section 19 (Governing Law and Dispute Resolution) below describes PlanPerfect's arbitration and dispute resolution process, including the individual arbitration requirement and class action waiver. If you are a consumer resident in the United Kingdom, an EEA member state, or Canada, and applicable mandatory law in your jurisdiction does not permit disputes with consumers to be resolved through binding arbitration, or does not permit a waiver of your right to bring proceedings before the courts of your country or province of habitual residence, then, solely to that extent, the mandatory arbitration and forum-selection provisions of Section 19 will not apply to you, and you may bring a Dispute before the competent courts of your country or province of habitual residence, without prejudice to PlanPerfect's rights to enforce these Terms in any other available forum permitted by law.
G. Language
These Terms are provided in English. If we provide a translation of these Terms for your convenience — including, for Users in Quebec, Canada, a French-language version made available upon request or as otherwise required by applicable law — the English version will govern in the event of any conflict or inconsistency, except where applicable law requires the local-language version to control.
H. Taxes
See Section 5 above regarding VAT, GST, and similar taxes applicable to Covered Users.
I. Complaints to Supervisory Authorities
Covered Users in the EEA or UK have the right to lodge a complaint with their local data protection supervisory authority (in the UK, the Information Commissioner's Office) regarding PlanPerfect's processing of Personal Information, as further described in Section 11 of the Privacy Policy. Covered Users in Canada may contact the Office of the Privacy Commissioner of Canada or the applicable provincial privacy regulator. This right is in addition to, and does not replace, your right to contact PlanPerfect's Privacy Officer directly.
19. Governing Law and Dispute Resolution
This Section 19 is subject to Section 18.F (Dispute Resolution for Consumers) above, which describes how mandatory consumer protection law in the United Kingdom, the EEA, or Canada may affect the enforceability of the arbitration and forum-selection provisions below as against certain Covered Users.
YOU EXPRESSLY WAIVE YOUR RIGHT TO GO TO COURT, TO A TRIAL BY JURY, AND TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING WITH RESPECT TO ANY CLAIM SUBJECT TO ARBITRATION.
These Terms and your access of the Service are governed by the laws of the State of Florida, excluding its conflicts-of-law rules. Any disputes arising from or related to these Terms (or a breach thereof), the Service or any Content (collectively, “Disputes”) shall be resolved by binding arbitration under the American Arbitration Association Commercial Arbitration Rules and Mediation Procedures (the “AAA Rules”) then in effect (the AAA Rules are available at https://adr.org/rules or by calling the AAA at 1-800-778-7879). The Federal Arbitration Act will govern the interpretation and enforcement of this Section. Each party bears its own costs unless otherwise ordered by the arbitrator.
A. Right to Opt-Out
If you do not want to arbitrate Disputes and prefer to litigate in court, you must provide notice of your intent to opt out of arbitration (“Arbitration Opt-Out Notice”). Your Arbitration Opt-Out Notice must be sent by email at founders@planperfect.co or by regular mail to PlanPerfect, 1221 Gulf Shore Blvd. North; Unit 902, Naples, FL 34102 within 30 days following the date you first accept these Terms, if you have not registered for an account, then within 30 days following the date you first use the Service. If you do not send us an Arbitration Opt-Out Notice within the 30-day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute, except as expressly set forth herein. Notwithstanding any provision to the contrary, if PlanPerfect modifies the arbitration provisions in the future, you retain the right to reject such modifications by sending an Arbitration Opt-Out Notice within 30 days following the initial notice of the modification. By rejecting any future changes, you agree to arbitrate any Dispute with the terms of the latest version of the arbitration provision you previously agreed to.
B. Jurisdiction and Venue
The exclusive jurisdiction and venue of any Dispute if you timely provide us with an Arbitration Opt-Out Notice, will be the state and federal courts located in Naples, Florida, and each of the parties to these Terms waives any objection to jurisdiction and venue in those courts.
C. Limitation on Time to Bring Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
D. Arbitration Process
A party who desires to begin arbitration must provide the other party with a written Demand for Arbitration (as specified in the AAA Rules). The arbitrator will either be a retired judge or an attorney licensed to practice law and will be selected by the parties by agreement from the AAA's roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
E. Arbitration Location and Procedure
The arbitration will be conducted in Naples, Florida. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that are submitted to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
F. Arbitrator's Decision
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings on which the arbitrator bases the award. Judgment on the arbitration award may be entered in any court with competent jurisdiction. The arbitrator's award of damages must be consistent with these Terms, including as to limitations on the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim.
G. Waiver of Class Actions
All parties to these Terms acknowledge and agree that any arbitration will take place on an individual basis. Any other form of class arbitrations, mass arbitrations, class actions, and representative actions are expressly prohibited. This means that neither party may file a lawsuit in any court or pursue or participate in any other action that involves the other party that seeks relief for multiple claimants or seeks relief on behalf of others in any capacity. You acknowledge and agree that you are waiving any ability to join or consolidate your Dispute in arbitration with the dispute of any other person and to bring any dispute on a class basis, in a representative capacity, on behalf of the general public, or on behalf of any other person.
If a court (after exhaustion of all appeals) or arbitrator determines any of these prohibitions on consolidation or non-individualized relief (such as class, representative, private attorney general, or public injunctive relief) to be unenforceable, then all provisions of this Agreement requiring or permitting disputes to be arbitrated will be deemed null and void and the exclusive jurisdiction and venue of any claim arising out of or related to this Agreement will be the state and federal courts located in Naples, Florida, and each of the parties to these Terms waives any objection to jurisdiction and venue in those courts.
20. Assignment
Your obligations and rights under these Terms may not be assigned, in whole or in part, without PlanPerfect's prior written consent. These Terms will be binding upon, and inure to the benefit of, the successors, representatives and permitted assigns of the parties.
21. Entire Agreement
These Terms, the Privacy Policy incorporated by reference, and any other terms incorporated into these Terms by reference, as well as any subscription ordering documents, constitute the entire agreement between you and PlanPerfect, superseding all prior agreements.
22. Accessibility
A. Accessibility Commitment. PlanPerfect is committed to making the Service accessible to users with disabilities. We strive to conform to the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards, where commercially reasonable.
B. Accessibility Feedback. If you encounter accessibility barriers or have suggestions for improving accessibility, please contact us using the information in Section 27 (Contact Information).
C. No Warranty. While we strive to maintain accessibility standards, we do not warrant that the Service will be accessible to all users or compatible with all assistive technologies.
23. Severability
If any provision is held invalid or unenforceable by an arbitrator or court of competent jurisdiction, the remaining provisions remain in full force and effect.
24. Waiver
No failure to enforce any part of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
25. Relationship
We provide the Service to you as an independent contractor and service provider. These Terms or the provision of the Service, including all Content, does not create any relationship of partnership, joint venture, fiduciary, or employer and employee or otherwise. Except as expressly stated, no provisions of these Terms create any third-party beneficiary.
26. Contact Us
For general questions about our Service or business (not related to privacy), you may contact us at:
Email: info@planperfect.co
Website: www.planperfect.co