Terms and Conditions

Preamble

Planio GmbH operates under various top-level domains (plan.io, planio.de etc.), as well as various sub-domains and aliases of these domains, a service which will herein after be referred to as “Planio”. The Planio service is offered in several instances, where each instance is available under its own sub-domain, top-level domain or alias.

A “user” is any individual or legal entity which registers with Planio as consumer or as company and uses the service on at least one instance.

A “customer” denotes a user who created a free instance or an instance liable to costs of Planio for himself or other users.

The present terms and conditions govern the contract relationship between the user and Planio GmbH. The user enters into this agreement on the use of Planio with Planio GmbH, Warschauer Str. 70A, 10243 Berlin. Further contact details as well as commercial registry data may be found in the imprint of the Planio website.

The offer provided by Planio GmbH is intended exclusively for persons of legal age and legally competent.

§1 Subject matter

1.1 The purpose of Planio is to support registered users with planning and running projects.

1.2 Planio GmbH reserves the right to modify and, if necessary, confine the range of features within reason.

§2 Registration and user account

2.1 In order to be able to use Planio, the user must register on the website.

2.2 The user is obliged to provide accurate and complete registration data. If changes apply, the user warrants to update this data autonomously and without undue delay.

2.3 Upon registration, the user shall choose a password and keep it secret. Planio GmbH will at no time ask the user for this password and will never disclose it to any third party.

2.4 A user account may exclusively be accessed by the user to whom the account has been created for at registration. The usage of the account by another user is explicitly prohibited.

2.5 By registering, the user warrants to be of legal age and legally competent.

§3 Right of termination for consumers

3.1 Right of termination

A person is considered a consumer if the purpose of his use of service is neither commercial nor professional. A consumer may terminate the present contractual agreement in written form (e.g. by letter, fax or e-mail) within two (2) weeks without stating a reason. The period of two weeks begins upon receipt of these terms in written form, but not before the contract has been executed, and also not prior to fulfillment of the information duties of Planio GmbH as per § 312c (2) BGB (German Civil Code) in connection with § 1 (1), (2) and (4) BGB-InfoV, as well as Planio GmbH’s duties as per § 312e (1) line 1 in connection with § 3 BGB-InfoV. The consumer may terminate the contract by giving timely notice to:

Planio GmbH
Warschauer Str. 70A
D-10243 Berlin
support-en@plan.io
Telefax: +49 30 868708-3839

3.2 Consequences of termination

Given the termination of the contract was valid, fees and services provided by both parties have to be returned, and any economic advantages gained (e.g. interest) have to be repaid. If the consumer cannot return the services rendered fully or in part, or only in a lesser form, he is obliged to reimburse Planio GmbH for the caused loss. For the consumer, this may involve the requirement to fulfill the contractual payment obligations for the time period until termination. Obligations to reimburse costs have to be fulfilled within 30 days. For the consumer, this period begins when sending the the contract termination. For Planio GmbH, this period begins at receipt of the termination.

3.3 Premature expiration of the right of termination

The consumer’s right of termination expires before the end of the legal termination period if both parties explicitly agree that the contract has been fulfilled before the consumer made use of his right of termination.

§4 Content

With content any type of data or information is denoted that has been posted and made available by the user. In particular, content may be photographs, graphics, videos, tables, illustrations, texts (including comments, news, etc.), sound samples and personal data.

4.1 Planio GmbH does not take responsibility for any content provided by the user.

4.2 Posting of content

(a) When posting content, the user has to respect any applicable law (e.g. copy right, trademark right, patent right, design right or utility pattern right), the Penal or Criminal Code, as well as any third parties claims.

(b) The user will not post any content which is considered propaganda as per §86 of the German Penal Code. Further, he will neither agitate against parts of the population or a group of people for racist, religious or any other motive, nor will he incite on them or defame them.

(c) The user will not post pornographic content or content which violates the German law for the protection of the youth.

(d) The user will not post any content that is harmful to human dignity, that is glorifying war, or that is glorifying violence in another way by means of illustrations or descriptions.

(e) The user will not post any instructions or descriptions that serve the commitment of crime as per §126 (1) of the German Penal Code.

4.3 For storing the user’s contents, Planio GmbH reserves the right to resort to external hosting providers.

4.4 For technical and other reasons, Planio GmbH reserves the right to decline or delete content.

§5 Cost and term

5.1 The scope of features depends on the plan selected by the user, which may incur costs. Details about pricing models are disclosed on the Planio website in the section “Pricing & Sign Up”. All advertised prices are fixed.

5.2 Fees are to be paid for the selected contract period in advance and upon receipt of invoice. The user may pay by direct debit or by an accepted credit card. If a bank transaction cannot be completed, the user bears the resulting expenses, such as bank fees which may incur for a bounced direct debit. Invoices from Planio GmbH will be delivered by e-mail.

5.3 If the user authorized direct debit, the fee for the next term will always be collected on the last day of the current term.

5.4 When using Planio on a paying plan, the initial contract period complies with the term selected by the user. Afterwards, the contract period extends by the length of the first term if the user or Planio GmbH do not terminate the contract in due time. When using Planio on a plan free of charge, the contract is concluded for an indefinite period.

5.5 When using Planio on a paying plan, the user and Planio GmbH may terminate the contract at the end of the term selected by the user, or if applicable, at the end of an extended term which has come into effect, within one (1) work day without stating a reason. When using Planio on a plan free of charge, the user and Planio GmbH may terminate anytime without stating a reason. Termination can be performed via the customer’s administration panel within a Planio instance, or by e-mail, letter, or fax. For this, the user’s e-mail address registered with Planio as well as the address of the Planio instance which ought to be terminated (sub-domain, alias or similar) has to be provided.

5.6 The provision of section 5.5 shall not affect the right of both parties to terminate the contract for good cause. Such a good cause includes violations of the present terms, the loss of or suspected abuse of access data, or any other good cause. A termination by Planio GmbH may be performed by deletion of the respective user account and of its associated contents.

5.7. The user accepts that for technical reasons it may become neccesary for Planio GmbH to authorize (block and reserve) once a small amount of maximum 1,00 EUR on the credit or debit card provided by the user. This amount will not be collected by Planio GmbH and gets unblocked about seven (7) work days later, depending on the rules of the bank which issued the card.

§6 Liability

6.1 Liability claims against Planio GmbH, its legal representatives or its vicarious agents – for any legal ground – are excluded.

6.2 The exclusion of section 6.1 does not extend to damage claims asserted by the user arising from death or injury to body or health or infringement of essential contractual obligations which must be met to achieve the goal intended by the contract (cardinal obligations). Property damage claims arising from the German Product Liability Act shall also not be affected.

6.3 If liability against Planio GmbH is excluded, this also applies to the personal liabilities of the shareholders, the representatives, employees and vicarious agents of Planio GmbH and/or companies associated with Planio GmbH.

§7 Indemnification

7.1 The user shall indemnify and exempt Planio GmbH from all claims, including damage claims, asserted by other users or third parties against Planio GmbH resulting from an infringement of their rights by (a) any content posted by the user within a Planio instance, or – if the user is also a customer – by any content posted by any other user within the user’s Planio instance, or (b) by his usage of Planio, or – if the user is also a customer – by the usage of any other user of his Planio instance. The user bears any adequate expenses, including expenses for legal defense, resulting for Planio GmbH from the infringement of the rights of third parties.

7.2 Without prejudice to other provisions, any further rights and damage claims of Planio GmbH sustain.

§8 Exclusion of warranty

PLANIO GMBH GIVES NO WARRANTY, GUARANTEE OR LIABILITY AS TO THE QUALITY, TIMELINESS, AVAILABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF PLANIO. IN PARTICULAR, PLANIO GMBH MAKES NO WARRANTY THAT (A) THE USE OF PLANIO IS SAFE, TIMELY, INTERRUPTION FREE, ERROR FREE, OR COMPATIBLE WITH ANY OTHER HARDWARE, SOFTWARE, ANY OTHER SYSTEMS OR DATA; (B) PLANIO MEETS THE USER’S REQUIREMENTS OR EXPECTATIONS; (C) STORED DATA IS ACCURATE OR UP-TO-DATE; (D) ERRORS OR DEFECTS WILL BE REMEDIED; OR (E) PLANIO OR THE SERVERS, PLANIO IS MADE AVAILABLE ON, ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. PLANIO AND ANY CONTENT IS PROVIDED “AS IS”. PLANIO GMBH DISCLAIMS ANY CONDITIONS AND WARRANTIES, WHETHER EXPRESSED, IMPLIED, LEGAL OR OTHER, INCLUDING WITHOUT LIMITATION, IMPLIED MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE OR NON-INFRINGEMENT OF INDUSTRIAL PROPERTY RIGHTS, EXCEPT WHERE THE LAWS AND REGULATIONS OR A PARTICULAR JURISDICTION CONCERNING WARRANTIES MAY NOT BE WAIVED OR EXCLUDED.

§9 Data privacy

9.1 Planio GmbH uses personal data provided by the user such as name, address, phone number, fax number, credit card and bank account details, or e-mail address only when neccessary to ensure the operation of Planio.

9.2 Personal data from users will not be made available to third parties by Planio GmbH as long as the user did not authorize it or legal requirements apply.

9.3 Planio users have the ability to share data and content with other users via Planio. They also have the ability to make data and content public on the general Web. All data and content which a user uploads or stores within a Planio instance will not be shared by Planio GmbH with any third party unless directed by the respective user. However, Planio GmbH can not be held responsible if a breach in confidentiality is caused by misconfiguration from the customer or a user to which permissions have been granted by a customer or user.

§10 Final provisions

10.1 Planio GmbH reserves the right to amend these terms at any time, without giving reasons. The user will be notified about the amendments in due time and informed about his right of objection. If the user does not object the applicability of the updated terms within six (6) weeks after receipt of the notification, the amended terms are deemed to be accepted by the user.

10.2 If parts of these terms are invalid and/or unenforceable for any reason, the remaining provisions shall remain intact and enforceable to the fullest extent permitted by law.

10.3 These terms shall be governed by German Law, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods. The courts of Berlin shall have exclusive jurisdiction.