Terms of use
The Amendment of 19th of May, 2022
Accepting the Terms
These Terms of Use («Terms») published by Planums apply to access and use of the Application, and all other products (hereinafter referred to «App», «App», «Service»). By downloading, using, registering, viewing, submitting content or using other access and/or using our products, you agree to the Terms and the Privacy Policy below.
Eligibility
The Service is designed for use by people who are at least 12 years old. If you are not yet 12, then you can’t use the Service. If you are 12 or older, you promise to us that you have never been suspended from the Service, and promise that your use of the Service won’t break any laws or regulations.
Amendments to this Terms
These Terms of Use may be amended by us from time to time, and we reserve the right to do so at any time. When we amend these Terms of Use, we will provide notice to you. We may provide you notice of amended Terms of Use by sending an email to the email address associated with your user account (if you have chosen to provide an email address) or by otherwise providing notice through our Service. Any amendments to the Terms of Use will be posted here, and the date indicated on the top of the Terms of Use will state the date the Terms of Use were last revised.
Continued use of the app after any amendments to the Terms of Use, and after we have provided you notice of the amended Terms of Use, constitutes your acceptance of the new Terms of Use. If you do not agree to the Terms of Use, you may not access or use the Services and should therefore immediately cease any use of the Services.
Severability
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Non-Waiver
You agree that if we do not exercise or enforce any legal right or remedy which is contained in the Terms or is otherwise entitled to will not constitute a formal waiver of our rights and that those rights or remedies will still be available to us.
Privacy and your Personal Information
We take your privacy very seriously. We share your personal information only on a few rare occasions explained in our Privacy Policy. For example, we might need to share your data with law enforcement authorities. By using the Service, you agree to the collection and use of information about you and your use of the Service in accordance with our Privacy Policy (http://planums.com/privacy/).
Description of the Service
The App is an application that allows individuals to help you organize your goals, wishes, or ideas in a very simple way using groups and levels.Each individual using the App is a “User,” and the Users use the functionality provided in the App. To provide certain Services listed above, App may request you to consent the access to the following data within your device:
- active window data;
- applications use data;
- system settings;
- history of the application's use;
- network operator;
- language;
- other device settings according to the default device settings.
Services specified hereinabove may not be available within the App unless you manually perform an action suggested by the App on a basis of the data within your device accessed by the App, e.g. disabling of active background apps, lowering the screen brightness etc.
Particular Services specified hereinabove may be not available to you, as certain types/versions of your mobile device operating system do not provide the App with the access to the data within your device necessary for enabling the availability of such Services.
Considering the information specified above, Company undertakes the best possible efforts to ensure the correct functioning and operation of the App, the Services or any part thereof taking into account the provisions specified under the sections of Terms of Use.
Subscription
Users may purchase a paid subscription. With a paid subscription to the app, in addition to the standard features, users get access to all functionally Planums. We will explain which features will be available to you when you purchase a paid subscription.
Auto-Renewal: You agree that at the end of each Billing Cycle, your Subscription will automatically renew and your payment method for such Subscription will automatically be charged at the start of each new Subscription period for the fees and taxes applicable to that Billing Cycle, under the same conditions as the prior Billing Cycle unless you cancel it or Craft cancels it.
Billing: All billing is handled by the Apple App Store (Google Play) and is governed by the Apple App (Google Play) Store’s own terms and conditions.
Subscription cancellation: You may cancel Your Subscription renewal in the Apple App Store (Google play) at any time. You will not receive a refund for the fees You already paid for Your current Subscription period, and You will be able to access the Pro features of the Service until the end of Your current Subscription period.
Payments
We may provide paid products and/or services within the Service. In that case, we use third-party services for payment processing (e.g. payment processors).
We will not store or collect your payment card details. That information is provided directly to our third-party payment processors, whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.
The payment processors we work with are:
Apple Store In-App Payments
Their Privacy Policy can be viewed at https://www.apple.com/legal/privacy/en-ww/
Google Play In-App Payments
Their Privacy Policy can be viewed at https://www.google.com/policies/privacy/
Services and Content Use Restrictions.
You agree that you will not engage in any activities, including, without limitation, the uploading, posting, emailing, or transmitting of Content of the App that:
- attempt to or do harm to us, the Services, including any specific functionalities of our products and/or services, or any others;
- are unlawful, false, inaccurate, misleading, offensive, obscene, lewd, violent, harassing, threatening, abusive, tortious, defamatory, invasive of another’s privacy, or are otherwise objectionable to us, in our sole discretion; or
- violate any right of any third party, including, without limitation, the uploading, posting, emailing, or transmitting of the Content that violates another person’s intellectual property right, right of publicity, trade secret right, or other proprietary right;
You shall not disparage Company's performance, or distribute any false or misleading statement or otherwise take any action which could reasonably be expected to adversely affect the personal or professional reputation of Company or Company’s employees/contractors.
You shall not reverse engineer, disassemble, or modify any source or object code or any software or other products, services, or processes accessible through the Services, including any specific functionalities of our products and/or services, install any software, file, or code on the Services that is not authorized by Company, or attempt to do so.
You shall not republish, sell, rent, sub-license, reproduce, duplicate, copy or redistribute material/Content from the App.
You shall not engage in any activity that interferes with a user’s access to the Services or the proper operation of the Services.
You shall not access or collect information from the Services using automated means (such as through scripts, robots scrapers, or spiders).
You shall not use any meta tags or other “hidden text” utilizing any of our Trademarks.
You shall not interfere with or circumvent any security feature of the Services or any feature that restricts or enforces limitations on the use of or access to the Services, any specific functionalities of our products and/or services, or its Content.
You shall not use the Services for commercial or political purposes.
You shall not take any action that:
- imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to denial of service attacks, “spam” or any other such unsolicited overload technique;
- disclose, harvest, or otherwise collect information, including email addresses, or other private information about any third party without that party’s express consent;
- orotherwise violate these Terms, or solicit, encourage, or facilitate anyone else to do so.
ILLEGAL USE OF THE SERVICES WILL BE INVESTIGATED AND YOUR LIABILITY WILL BE ESTABLISHED AND REPORTED TO THE COMPETENT AUTHORITY.
Account Information from Third Party Sites
When you establish an account with Planums, we may allow you to register your account, log-in, or otherwise link your account with an account you maintain with a third party, such as Google or Apple (Apple ID) ("Linked Account"). You represent that any Linked Account belongs to you, and you are permitted to link it to your account. We do not control the policies and practices of any third-party site or service, including any Linked Account you connect to the Service and app is not responsible for any actions or omissions of providers of a Linked Account, including related to accuracy, legality or non-infringement. We are not responsible for the products and services offered by or through your Linked Account. If permitted by your Linked Account, we may import information from your Linked Accounts to help better offer the Service to you. When you sign in with Linked Account to register an account in the App, we get personal data from your Linked Account.
Force Majeure
In the event either party is unable to perform its obligations under the terms of this Terms due to an event, occurrence, or contingency beyond its reasonable control, including but not limited to: acts of God, earthquakes, strikes, pandemics, riots, war, or governmental requirements, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.
Governing Law and Forum for Disputes
These Terms and your relationship with the app under these Terms , shall be governed by the laws of Ukrainian. However, if you are based outside Ukraine, the additional consumer rights and protections you are entitled to under the laws of the country in which you are based will also apply.In the event of any dispute which you are not able to resolve by contacting us, you can bring legal proceedings in the courts.
Ownership
As between us and you, the App and Services, including any specific functionalities of our Services (including past, present and future versions) are owned and controlled by us and their Content is protected by Ukrainian and international copyright, trademark, trade dress, patent, and other intellectual property rights and laws to the fullest extent possible.
“Content” means all text, graphics, user interfaces, visual interfaces, photographs, logos, sounds, artwork, and computer code displayed on or available through the Services and the design, structure, selection, coordination, expression, and arrangement of such materials including, without limitation:
- materials and other items relating to us and our products and services, including, without limitation, all activities, games, lesson plans, teacher trainings, printables, characters, photographs, audio clips, sounds, pictures, videos, and animation;
- trademarks, logos, trade names, service marks, and trade identities of various parties, including ours (“Trademarks”); and
- other forms of intellectual property.
Contact Us
If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us at support@planums.com.
Miscellaneous
If any portion of this Terms is deemed unlawful, void or unenforceable by any court of competent jurisdiction, this Terms as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Terms that is unlawful, void or unenforceable shall be stricken from this Terms.
All covenants, Terms, representations and warranties made in this Terms shall survive your acceptance of this Terms and the termination of this Terms .The term "including" in this Terms means "including, but not limited to."
LIMITATION OF DAMAGES; RELEASE
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL P.E. DAVYD VASYLEVSKYI, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; (D) ANY OTHER INTERACTIONS WITH PLANUMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT P.E. DAVYD VASYLEVSKYI HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
WARRANTY DISCLAIMER
THE APP AND SERVICE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, P.E. DAVYD VASYLEVSKYI EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, P.E. DAVYD VASYLEVSKYI MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
These Terms of Use («Terms») published by Planums apply to access and use of the Application, and all other products (hereinafter referred to «App», «App», «Service»). By downloading, using, registering, viewing, submitting content or using other access and/or using our products, you agree to the Terms and the Privacy Policy below.
Eligibility
The Service is designed for use by people who are at least 12 years old. If you are not yet 12, then you can’t use the Service. If you are 12 or older, you promise to us that you have never been suspended from the Service, and promise that your use of the Service won’t break any laws or regulations.
Amendments to this Terms
These Terms of Use may be amended by us from time to time, and we reserve the right to do so at any time. When we amend these Terms of Use, we will provide notice to you. We may provide you notice of amended Terms of Use by sending an email to the email address associated with your user account (if you have chosen to provide an email address) or by otherwise providing notice through our Service. Any amendments to the Terms of Use will be posted here, and the date indicated on the top of the Terms of Use will state the date the Terms of Use were last revised.
Continued use of the app after any amendments to the Terms of Use, and after we have provided you notice of the amended Terms of Use, constitutes your acceptance of the new Terms of Use. If you do not agree to the Terms of Use, you may not access or use the Services and should therefore immediately cease any use of the Services.
Severability
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Non-Waiver
You agree that if we do not exercise or enforce any legal right or remedy which is contained in the Terms or is otherwise entitled to will not constitute a formal waiver of our rights and that those rights or remedies will still be available to us.
Privacy and your Personal Information
We take your privacy very seriously. We share your personal information only on a few rare occasions explained in our Privacy Policy. For example, we might need to share your data with law enforcement authorities. By using the Service, you agree to the collection and use of information about you and your use of the Service in accordance with our Privacy Policy (http://planums.com/privacy/).
Description of the Service
The App is an application that allows individuals to help you organize your goals, wishes, or ideas in a very simple way using groups and levels.Each individual using the App is a “User,” and the Users use the functionality provided in the App. To provide certain Services listed above, App may request you to consent the access to the following data within your device:
- active window data;
- applications use data;
- system settings;
- history of the application's use;
- network operator;
- language;
- other device settings according to the default device settings.
Services specified hereinabove may not be available within the App unless you manually perform an action suggested by the App on a basis of the data within your device accessed by the App, e.g. disabling of active background apps, lowering the screen brightness etc.
Particular Services specified hereinabove may be not available to you, as certain types/versions of your mobile device operating system do not provide the App with the access to the data within your device necessary for enabling the availability of such Services.
Considering the information specified above, Company undertakes the best possible efforts to ensure the correct functioning and operation of the App, the Services or any part thereof taking into account the provisions specified under the sections of Terms of Use.
Subscription
Users may purchase a paid subscription. With a paid subscription to the app, in addition to the standard features, users get access to all functionally Planums. We will explain which features will be available to you when you purchase a paid subscription.
Auto-Renewal: You agree that at the end of each Billing Cycle, your Subscription will automatically renew and your payment method for such Subscription will automatically be charged at the start of each new Subscription period for the fees and taxes applicable to that Billing Cycle, under the same conditions as the prior Billing Cycle unless you cancel it or Craft cancels it.
Billing: All billing is handled by the Apple App Store (Google Play) and is governed by the Apple App (Google Play) Store’s own terms and conditions.
Subscription cancellation: You may cancel Your Subscription renewal in the Apple App Store (Google play) at any time. You will not receive a refund for the fees You already paid for Your current Subscription period, and You will be able to access the Pro features of the Service until the end of Your current Subscription period.
Payments
We may provide paid products and/or services within the Service. In that case, we use third-party services for payment processing (e.g. payment processors).
We will not store or collect your payment card details. That information is provided directly to our third-party payment processors, whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.
The payment processors we work with are:
Apple Store In-App Payments
Their Privacy Policy can be viewed at https://www.apple.com/legal/privacy/en-ww/
Google Play In-App Payments
Their Privacy Policy can be viewed at https://www.google.com/policies/privacy/
Services and Content Use Restrictions.
You agree that you will not engage in any activities, including, without limitation, the uploading, posting, emailing, or transmitting of Content of the App that:
- attempt to or do harm to us, the Services, including any specific functionalities of our products and/or services, or any others;
- are unlawful, false, inaccurate, misleading, offensive, obscene, lewd, violent, harassing, threatening, abusive, tortious, defamatory, invasive of another’s privacy, or are otherwise objectionable to us, in our sole discretion; or
- violate any right of any third party, including, without limitation, the uploading, posting, emailing, or transmitting of the Content that violates another person’s intellectual property right, right of publicity, trade secret right, or other proprietary right;
You shall not disparage Company's performance, or distribute any false or misleading statement or otherwise take any action which could reasonably be expected to adversely affect the personal or professional reputation of Company or Company’s employees/contractors.
You shall not reverse engineer, disassemble, or modify any source or object code or any software or other products, services, or processes accessible through the Services, including any specific functionalities of our products and/or services, install any software, file, or code on the Services that is not authorized by Company, or attempt to do so.
You shall not republish, sell, rent, sub-license, reproduce, duplicate, copy or redistribute material/Content from the App.
You shall not engage in any activity that interferes with a user’s access to the Services or the proper operation of the Services.
You shall not access or collect information from the Services using automated means (such as through scripts, robots scrapers, or spiders).
You shall not use any meta tags or other “hidden text” utilizing any of our Trademarks.
You shall not interfere with or circumvent any security feature of the Services or any feature that restricts or enforces limitations on the use of or access to the Services, any specific functionalities of our products and/or services, or its Content.
You shall not use the Services for commercial or political purposes.
You shall not take any action that:
- imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to denial of service attacks, “spam” or any other such unsolicited overload technique;
- disclose, harvest, or otherwise collect information, including email addresses, or other private information about any third party without that party’s express consent;
- orotherwise violate these Terms, or solicit, encourage, or facilitate anyone else to do so.
ILLEGAL USE OF THE SERVICES WILL BE INVESTIGATED AND YOUR LIABILITY WILL BE ESTABLISHED AND REPORTED TO THE COMPETENT AUTHORITY.
Account Information from Third Party Sites
When you establish an account with Planums, we may allow you to register your account, log-in, or otherwise link your account with an account you maintain with a third party, such as Google or Apple (Apple ID) ("Linked Account"). You represent that any Linked Account belongs to you, and you are permitted to link it to your account. We do not control the policies and practices of any third-party site or service, including any Linked Account you connect to the Service and app is not responsible for any actions or omissions of providers of a Linked Account, including related to accuracy, legality or non-infringement. We are not responsible for the products and services offered by or through your Linked Account. If permitted by your Linked Account, we may import information from your Linked Accounts to help better offer the Service to you. When you sign in with Linked Account to register an account in the App, we get personal data from your Linked Account.
Force Majeure
In the event either party is unable to perform its obligations under the terms of this Terms due to an event, occurrence, or contingency beyond its reasonable control, including but not limited to: acts of God, earthquakes, strikes, pandemics, riots, war, or governmental requirements, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.
Governing Law and Forum for Disputes
These Terms and your relationship with the app under these Terms , shall be governed by the laws of Ukrainian. However, if you are based outside Ukraine, the additional consumer rights and protections you are entitled to under the laws of the country in which you are based will also apply.In the event of any dispute which you are not able to resolve by contacting us, you can bring legal proceedings in the courts.
Ownership
As between us and you, the App and Services, including any specific functionalities of our Services (including past, present and future versions) are owned and controlled by us and their Content is protected by Ukrainian and international copyright, trademark, trade dress, patent, and other intellectual property rights and laws to the fullest extent possible.
“Content” means all text, graphics, user interfaces, visual interfaces, photographs, logos, sounds, artwork, and computer code displayed on or available through the Services and the design, structure, selection, coordination, expression, and arrangement of such materials including, without limitation:
- materials and other items relating to us and our products and services, including, without limitation, all activities, games, lesson plans, teacher trainings, printables, characters, photographs, audio clips, sounds, pictures, videos, and animation;
- trademarks, logos, trade names, service marks, and trade identities of various parties, including ours (“Trademarks”); and
- other forms of intellectual property.
Contact Us
If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us at support@planums.com.
Miscellaneous
If any portion of this Terms is deemed unlawful, void or unenforceable by any court of competent jurisdiction, this Terms as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Terms that is unlawful, void or unenforceable shall be stricken from this Terms.
All covenants, Terms, representations and warranties made in this Terms shall survive your acceptance of this Terms and the termination of this Terms .The term "including" in this Terms means "including, but not limited to."
LIMITATION OF DAMAGES; RELEASE
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL P.E. DAVYD VASYLEVSKYI, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; (D) ANY OTHER INTERACTIONS WITH PLANUMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT P.E. DAVYD VASYLEVSKYI HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
WARRANTY DISCLAIMER
THE APP AND SERVICE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, P.E. DAVYD VASYLEVSKYI EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, P.E. DAVYD VASYLEVSKYI MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.