CHANGES TO TERMS OF SERVICE

The Plandy app collects certain personal information from users to organize their appointments and receive reminders. This information may include personally identifiable information such as the user's name, e-mail address, phone number. Plandy uses this information only to complete the appointment scheduling process and to send reminders.

PRIVACY POLICY

Our Privacy Policy describes our practices concerning personal information that you provide or that we may obtain in connection with the Plandy Services. By accepting these Terms of Service and by using the Plandy Services, you consent to the collection, use, sharing, transfers and other processing of your personal information by Plandy as described in our Privacy Policy.

PAYMENTS POLICY

Our Payments Policy describes our practices regarding payments, disbursements, refunds, and other matters related to financial transactions that are conducted using the Plandy Services. By accepting these Terms of Service or by using the Plandy Services, you agree to be bound by the terms of our Payments Policy.
Please note, if Plandy has a referral program, you may include the following section:

REFERRAL PROGRAM POLICY

Our Referral Program Policy describes the terms and conditions governing Plandy’s Referral Program. By accepting these Terms of Service or by participating in the Plandy Referral Program, you agree to be bound by the terms of our Referral Program Policy.
If there is no referral program, you can omit section 4.

PLANDY ACCOUNT

Your Plandy account (“Account”) gives you access to the Plandy Services that we may establish and maintain from time to time at our sole discretion. You confirm upon creating an Account that you are 18 years of age or older and either a legal resident of the country from which you are accessing the services, or a business entity authorized to do business in the countries or jurisdictions in which you operate. You may use the Plandy Services and your Account for business purposes worldwide, subject to compliance with local laws and regulations.
When creating your Account and/or using the Plandy Services, you must provide accurate, complete and appropriate information. You acknowledge and agree that you will not intentionally omit and/or misrepresent any facts or material information and that if there are any such occurrences of knowingly omitted and/or misrepresented facts or information, you will promptly rectify them. You consent that Plandy has the right to verify any such information submitted by you. Plandy has the right to suspend or terminate any User that provides incomplete, inaccurate or untrue information.
You understand and agree that you are solely responsible for compliance with any and all applicable laws, rules, and regulations that may apply to your use of the Plandy Services and your Plandy Account, including any and all products and services you may provide or make available through Plandy.
You are solely responsible for the activity that occurs on your Account, and you are solely responsible for keeping your Account password secure. Therefore, we suggest using safe internet practices such as using a strong password, not sharing your Account login information with others, and only logging in on your own personal devices. You must notify Plandy immediately by email at [email protected] of any unauthorized use of your Account. Additionally, you may never use another User’s account without permission.
If you are an Account Owner, you will own all data associated with the Account that is used by you and the other staff members who are provisioned to access your Account. If you are a staff member using the Plandy Services under the Account of an Account Owner, you acknowledge and agree that all Account data will be solely and exclusively owned by the Account Owner and not you. For the avoidance of doubt, the Account Owner, and not any other staff member provisioned to use such Account, will have the sole right to direct the transfer, use, deletion, export and other processing of the data associated with such Account.
You acknowledge that Plandy may continually develop additional features, functionality, and capabilities and that Plandy reserves the right to modify the Plandy Services at any time in its sole discretion. Some new features, functionality, or capabilities may be subject to additional fees as determined by Plandy.

PLANDY PROGRAMS

Plandy may run certain promotions, programs, opportunities, sweepstakes, contests and giveaways (“Plandy Programs”). Plandy Programs will be subject to these Terms of Service and any additional terms and conditions applicable to the Plandy Program that have been presented to you. Plandy reserves the right to, at any time and in its sole discretion, modify, change, add to, take away from, supplement or terminate any of these Plandy Programs. This includes, but is not limited to, changing the name, offers, fees and/or eligibility requirements for participation in any Plandy Program. Further, Plandy retains sole discretion to determine whether the requirements of the Plandy Program have been met. Plandy will seek to notify you of any material changes to the Plandy Programs but will not be liable for any failure to do so.

RESTRICTIONS

Your Account may not be used to engage in or promote any fraudulent or illegal activity, to harass anyone or send offensive content, or to infringe on any third-party right. Specifically, the Plandy Services may not be used for or in connection with any of the following:
*Illegal products, services, or actions: illegal drugs, substances designed to mimic illegal drugs, and equipment designed for making or using drugs; fake references or ID-providing services; any business or organization that engages in, encourages, promotes or celebrates unlawful violence or physical harm to persons or property; any other products, services, or actions that are in violation of law in the jurisdictions where your business is located or targeted to.
*Products, services, or actions that infringe intellectual property rights: sales or distribution of any other licensed materials without appropriate authorization; counterfeit goods; illegally imported or exported products; unauthorized sale of brand name or designer products or services; any other products, services, or actions that directly infringe or facilitate infringement upon the trademark, patent, copyright, trade secrets, proprietary or privacy rights of any third party.
*Products, services, or actions that Plandy considers unfair, deceptive, or predatory towards consumers.
*Adult content and services: pornography and other mature audience content (including literature, imagery and other media) depicting nudity or explicit sexual acts; adult services including prostitution, escorts, pay-per-view, sexual massages, and adult live chat features; adult video stores; gentleman's clubs, topless bars, and strip clubs.
*Controlled Substances: products related to controlled substances, including cannabis products; dispensaries and related businesses; products containing any amount of CBD/THC.
*Misuse of Plandy Services: use of Plandy Services with a false identity or providing Plandy with false, inaccurate, or misleading information; processing where there is no bona fide good or service sold, or donation accepted; card testing; evasion of card network chargeback monitoring programs; sharing cardholder information with another merchant for payment cross-sell products or services; use of Plandy intellectual property without prior written consent from Plandy; use of the Plandy name or logo including use of Plandy trade or service marks inconsistent with these Terms of Service, or in a manner that otherwise harms Plandy or the Plandy brand; any action that implies an untrue endorsement by or affiliation with Plandy.
Plandy reserves the right to remove or reclaim any Accounts, services and products you offer, or your content that is in violation of the foregoing restrictions, which shall be determined in Plandy’s sole discretion.

FEES AND PAYMENTS

Fees for the Subscription (“Subscription Fees”) and fees applicable to each transaction with Clients that you process using the Plandy Services (“Payment Processing Fees”) are set forth online (on our Site or otherwise in your Account) and/or in a separate Subscription agreement entered into between you and Plandy. Subscription Fees and Payment Processing Fees are collectively referred to herein as “Fees.” You agree to: (i) pay Plandy the Subscription Fees and any other applicable fees for the Services, and (ii) allow Plandy to retain the applicable Payment Processing Fees. Unless otherwise stated, Subscription Fees will be collected and must be paid for in advance of each billing period. All Fees paid to Plandy are non-refundable and non-transferable, except as explicitly provided for in these Terms of Service.
By providing your credit card information or information about another payment method accepted by Plandy (“Payment Method”) for the Plandy Services, you agree that Plandy is authorized to charge the Payment Method for all applicable Subscription Fees when due and any other charges you may incur in connection with your use of the Plandy Services. Further, you authorize Plandy to confirm that the Payment Method is in good standing with a financial institution for the term of your use of the Plandy Services. You further authorize Plandy to obtain credit reports or run other background inquiries to assess a Professional’s eligibility to continue using the Plandy Services. All balances, fees, charges, and payments collected or paid in connection with the Plandy Services are denominated in USD. You are responsible for paying and remitting to the applicable tax authority any sales, use, or other similar taxes (if applicable, including VAT) applicable to (i) your purchase of the Plandy Services, and (ii) for the services provided to Clients.
Reserves
Plandy is not a bank or a money transmitter. Plandy may, in our sole discretion, hold reserves for all or a portion of the charges processed by us. In certain circumstances, we may require you to place funds in reserve or to impose conditions on the release of funds (defined as a “Reserve”). We reserve the right to impose a Reserve on a Professional’s Account if, for example, we determine that the risk of loss to Plandy or otherwise associated with your Account is higher than reasonably normal. This may include, by way of example and not limitation, if your activities increase the risk of loss to Plandy, you have violated these Terms of Service, or your Account has an elevated number of disputes. If we impose a Reserve on your Account, we will establish the terms of the Reserve and provide you with notice of the amount, timing, and conditions upon which the funds in the Reserve will be released to you. Plandy reserves the right to change or condition the terms of the Reserve based on our continuous assessment of the risk associated with your Plandy Account.
Billing Cycle
Your Subscription to the Plandy Services commences on the date that you sign up for a Subscription or on the date following the end of your free trial period. Unless otherwise stated at the time of sign up, each Subscription runs on a one-month cycle (“Subscription Period”) and will automatically renew monthly until you cancel your Subscription or delete your Account by following the appropriate procedures within the Plandy Services or notifying [email protected], unless we have earlier terminated your Account. You will be billed on the first date of your Subscription (after your free trial period, if applicable), and each monthly anniversary thereafter. For example, if your Subscription begins on April 29th, it will renew on May 29th, June 29th, and so on. If your Subscription begins on a date that is not present in every billing cycle (e.g. the 31st), you will be billed on the last day of every month. Plandy may change the timing of our billing and we reserve the right to modify the schedule at which you will be billed. The amount billed to you each month may vary due to promotional offers and/or changing your Subscription plan and you acknowledge these variations and authorize Plandy to bill you as necessary.
Changes to Fees
Plandy reserves the right to adjust the Fees at any time and for any reason upon fourteen (14) days prior notice. Unless otherwise stated, any change to the Fees will be reflected on the next billing cycle after the change takes effect. To continue to use the Plandy Services, you must agree to any change in Fees. If you do not agree to any change in Fees, you must either cancel your Subscription or request Account deletion by following the appropriate procedures within the Plandy Services or notifying [email protected].
Trials
Plandy may offer trial memberships for varying lengths which may include free or discounted access to the Plandy Services during such trial periods. Plandy reserves the right to end the availability of trial memberships at any time and for any reason. After the trial period, you acknowledge that your membership will automatically convert to a regular monthly Subscription for the then-applicable Fees unless canceled by written notice as set forth below prior to the end of your trial period.
Subscription Cancellation or Account Deletion
You may cancel your Subscription or delete your Account at any time by following the appropriate procedures within the Plandy Services or notifying [email protected] . Cancellation of your Subscription means that you will no longer have access to your Account or your Account data, and we will cease billing you on your next billing cycle. If you cancel your subscription, you may reinstate your Account by contacting [email protected] . Deletion of your Account means that we will delete all of your Account data, except as required by applicable law, and we will cease billing you on your next billing cycle. You may not reinstate your Account after an Account deletion request as we will no longer have access to your Account data.
You must cancel your Subscription or delete your Account prior to your next billing cycle to avoid charges for the following billing cycle. If you do not cancel your Subscription or delete your Account prior to your next billing cycle, then you will be automatically charged for the subsequent month. All Subscription Fees are non-refundable. You acknowledge that you are ineligible for a pro-rated refund of any amount of the Subscription Fees paid for the then-current monthly subscription cycle at which you request cancellation of your Subscription or deletion of your Account. For any questions related to your individual billing cycle, please log onto your Account to view your billing cycle information or contact us at [email protected].

THIRD-PARTY APPLICATIONS, SERVICES, AND LINKS

Plandy utilizes certain third-party applications and services to power certain portions of the Plandy Services or to permit you to access the Plandy Services. Plandy does not sponsor or endorse those third-party applications and services and has no obligation to support or maintain such third-party applications and services. Furthermore, Plandy expressly disclaims any representations and warranties with respect to such third-party applications and services. Plandy does not monitor such third-party applications and services, nor does it have any control or input. You acknowledge and agree that we provide access to such third-party applications and services on an “as is” and “as available” basis without any warranties, representations, or conditions of any kind and without endorsement. Plandy shall have no liability whatsoever arising from or relating to your use of third-party applications and services.
Your use of the Plandy Services is conditioned upon your acceptance and compliance with the terms and conditions applicable to such third-party applications and services. Your use of such third-party applications and services is at your own discretion and you shall ensure that you are familiar with and approve the terms on which such applications and services are provided, including without limitation:
Payment Processor to allow you to process transactions with clients. You must comply with their Connected Account Agreement.
Communication Service to allow you to communicate with clients via SMS messages. You must comply with their Terms, Acceptable Use Policy, and Service and Country-Specific Requirements.
Certain content available on the Plandy Services may include materials from third parties, including third-party links that may direct you to third-party websites that are not affiliated with Plandy. You acknowledge that Plandy is not responsible for examining or evaluating the content or accuracy of such third-party websites and Plandy does not provide any warranties or have any liability for any third-party websites or materials. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

GIFT CARDS

If you use the Plandy Services to offer and sell gift cards to your clients, you (and not Plandy) are the issuer and administrator of your gift cards. You are solely responsible for compliance with federal, state, and local laws that apply to your gift cards, including but not limited to notice and disclosure requirements, expiration dates and fees, refunds, cash back, unclaimed property or escheat requirements (such as tracking, reporting, and remittance of unclaimed property balances in all states), and customer service for your clients and holders of gift cards.
Gift cards sold by you are gift cards that are only redeemable from you for your services and goods. Plandy does not assess a fee, or impose any limitations, on the redemption of a gift card to purchase services or goods from you. Plandy is not responsible for any lost or stolen gift cards. All gift cards and the funds associated with gift cards are your sole property. Any liability for the use or misuse of your gift cards, and any third-party claims arising from or relating to your gift cards, are your sole responsibility.

If you have questions about these Terms of Service, please email us at [email protected].