Created in July 1, 2022
This document is the binding rules of Planly LLC in relation to the use of planly.com (the "site"), Planly Community (the "community").
Please carefully read this Terms and Conditions set forth below before using Planly. The terms “Customer”, “You”, “Your”, “User”, or “Users” refer to anyone accessing our services (“services”, or “Services”), the Site, or our Products for any reason including, without limitation, a company or individual representing a business that registers to have its social media posts scheduled through the services offered on the Site (each, a “Company”), or anyone else who accesses the Site.
If you are not eligible or do not agree to the Terms, that means you do not have our permission to the use of the Service. This document constitutes The Agreement by Planly and You to be bound by your use of the Service and Planly's provision to the Service to you.
Terms and Conditions Overview
Planly offers a wide range of social media scheduling services that enables users to auto post content on platforms at the set times. Also Planly provides content, services, team access benefits, and other resources on the Site (collectively, the “Site Content”) that benefit users overall.
Modification of the Service
Planly reserves the right to modify, add new features or discontinue all or any portion of the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently. Planly will have no liability for any change to the Service, including any paid-for functionalities of the Service, or any suspension or termination of your access to or use of the Service.
Service fees are not refundable. You should retain copies of any User Content you Post to the Service so that you have permanent copies in the event the Service is modified in such a way that you lose access to User Content you Posted to the Service.
You must be at least 18-years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18-years old; (b) you have not previously been suspended or removed from the applicable Service; and (c) your registration and your use of the Service is in compliance with any and all laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
To access the Service you must first create and account at Planly. When you create an account with us, you must provide us with information about your name. email adrees, contact information. The information you submit has to be is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. If you believe that your account is no longer secure notify us at [email protected]
You may not use as a username the name of another person or entity or that is not available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar, obscene or misleading. We reserve the right to change, reclaim or transfer usernames that do not comply with these Terms or that are inactive.
Some features of the Service may require you to pay fees upon registering for the applicable subscription. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars and are non-refundable unless otherwise specifically provided for in these Terms. Fees vary based on the plan, with different pricing schemes for individual users and organizations.
Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
Planly reserves the right to determine pricing for the Service. Planly will make reasonable efforts to keep pricing information published on our the site up to date. We encourage you to check our pricing page periodically for current pricing information, located here: https://planly.com/pricing/
At the end of each Billing Cycle, your Subscription will automatically renew unless you or we cancel it prior to the renewal. You may cancel your Subscription either through your online account management page or by contacting our customer support team. We may cancel by giving you notice of our intent not to renew. We reserve the right to revise the terms of your Subscription, including pricing, upon a renewal of your Subscription by giving you notice of the revision(s) prior to that renewal. If you do not accept the revision(s), you may cancel your Subscription as provided above. If you do not cancel your Subscription prior to the renewal, you will be bound by the revised terms of your Subscription.
We reserve the right to revise the terms of your Subscription upon a renewal of your Subscription by giving reasonable prior notice of the change to give you an opportunity to cancel your Subscription before the change becomes effective upon the renewal. If you do not accept the change, you may cancel your Subscription as provided above. If you do not cancel your Subscription prior to the renewal, you will be bound by the revised terms of your Subscription.
Planly may change fees for any feature of the Service. Planly, at its sole discretion, may make promotional offers with different features and different pricing to any of Planly's customers. These promotional offers, unless made to you, will not apply to your offer or these Terms. Quotes provided for our Service are subject to change at any time.
A valid payment method is required to process the payment for your Subscription. You will provide us with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize us to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, we will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Freemium and Free Trial
Planly may, at its sole discretion, offer a Subscription with a free trial in a temporary ("Free Trial") or permenant ("Free Plan") basis.
You may be required to enter your billing information in order to sign up for the Free Trial.
When you enter your billing information when signing up for the Free Trial, you will not be charged until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, we reserve the right to (i) modify the terms and conditions of the Free Trial offer, (ii) cancel such Free Trial offer or (iii) Freemium Plan.
Planly, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Planly will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Planly may suspend or terminate access to the Service, including fee-based portions of the Service, for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any the unpaid amount, including collection fees.
If your payment method is no longer valid at the time a Billing Cycle is due, then reserves the right to delete your account and any information or User Content (defined below) associated with your account without any liability to you.
Certain refund requests for Subscriptions may be considered by Planly on a case-by-case basis and granted in sole discretion of Planly.
Service requires you to submit, upload, publish, broadcast, store or otherwise transmit (“Content”) content to or via the Service, including social media posts and other content which may be comprised of photos, video or audio (including sound or voice recordings and musical recordings embodied in the video), images, folders, data, text, and any other works of authorship or other works ( Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
By posting, uploading or otherwise submit Content to the Service, you grant us the right and license to non-exclusive, irrevocable, royalty-free, fully paid right and license (with the right to sublicense through multiple tiers) to use, store, transfer, modify, publicly perform publicly display, publicly perform (including by means of a digital audio transmission), communicate to the public, reproduce, modify for the purpose of formatting for display, create derivative works as authorized in these Terms, and distribute your Content, in whole or in part, in any media formats and through any media channels, in each instance whether now known or hereafter developed.
You retain any and all of your rights to any Content you submit, post, upload or display on or through the Service and you are responsible for protecting those rights.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting, uploading or submitting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
We reserve all rights to block or remove communications or materials that we determine to be: (i) abusive, defamatory, or obscene; (ii) fraudulent, deceptive, or misleading; (iii) in violation of a copyright, trademark or, other intellectual property right of another or; (iv) offensive or otherwise unacceptable to us in our sole discretion.
You acknowledge that, by providing you with the ability to view and distribute user-generated content on the Service, we are merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Service.
Rules Containing Musical Works and Recording Artists
If you are a composer or author of a musical work and have granted non-exclusive rights to a Performing Rights Organization (“PRO”), then you must notify your PRO of the royalty-free license you grant through these Terms and Conditions to Planly. You are solely responsible for ensuring your compliance with the relevant PRO’s reporting obligations.
If you have assigned your rights to a music publisher or a PRO, then you must obtain the consent of that music publisher or PRO to grant the royalty-free license(s) set forth in these Terms and Conditions or have that music publisher or PRO enter into these Terms and Conditions with Planly.
If you are a recording artist under contract with a record label, then you are solely responsible for ensuring that your use of the Service is in compliance with any contractual obligations you have to your record label, including if you create any new recordings through the Service that may be claimed by your label. Finally, if you wish to perform a cover song and Post it to the Service, you are responsible for securing all rights in and to the underlying musical work before posting your recording or performance of that musical work to the Service.
The Service and all contents, including but not limited to text, images, graphicsç videos, or code are the property of Planly and are protected by copyright, trademarks, database and other intellectual property rights. You may display and copy, download or print portions of the material from the different areas of the Service only for your own non-commercial use. Any other use is strictly prohibited and may violate copyright, trademark and other laws. These Terms and Conditions do not grant you a license to use any trademark of Planly or its affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Service.
Third Party Tools And Other Websites
The Service may contain links to third-party web sites or services that are not owned or controlled by Planly. Planly provide works with these tools to enable you to impot and export information, Content to the third-party tools or services, including through features that allow you to link your account on the Service with an account on the third-party service, such as Google or TikTok, or through our implementation of third-party buttons (such as “like” or “share” buttons).
Linked tools and services are not under Planly's control, Planly is not repsonsible for their content. You further acknowledge and agree that Planly will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
These Terms and Conditons are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in this section (Termination).
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms and Conditions.
All provisions of the Terms and Conditions will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
If your account has been terminated for a breach of these Terms and Conditions, then you are prohibited from creating a new account on the Service using a different name, email address, or other forms of account verification.
You agree to indemnify, defend and hold harmless Planly, its principals, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, losses, obligations, costs, actions or demands.
These include but are not limited to: (a) legal and accounting fees resulting from your use of the Service; (b) your breach of any of these Terms; (c) anything you post on or upload to or otherwise submit to the Service; and (d) any activity related to your account. This includes any negligent or illegal conduct by you, any person or entity accessing the Service using your account whether such access is obtained via fraudulent or illegal means.
Limitation of Liability
Planly, its directors, employees, partners, agents, suppliers, or affiliates, will not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) your access to or use of the Service; (ii) your inability to access or use the Service; (iii) any conduct or content of any third-party on or related to the Service; (iv) any content obtained from or through the Service; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have 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.
Disclaimer And Non-Waiver of Rights
Planly makes no guarantees, representations or warranties of any kind regarding the Service. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis and without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of any province in Canada. In such cases, the provincial law will apply to the extent necessary.
Planly and its licensors do not warrant that (i) the Service will function uninterrupted, secure or available at any particular time or location; (ii) any errors or defects will be corrected; (iii) the Service is free of viruses or other harmful components; or (iv) the results of using the Service will meet your requirements.
If you breach any of these Terms and Planly chooses not to immediately act, or chooses not to act at all, Planly will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. Planly does not waive any of its rights. Planly will not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms will have no rights of enforcement.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.
These Terms and Conditions are governed by the laws of the State of California without regard to conflict of law principles as applicable.
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between Planly and you regarding our Service, and supersede and replace any prior agreements, oral or otherwise, regarding the Service.
We may, from time to time, change these Terms. Please check these Terms periodically for changes. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions unless otherwise stated. What constitutes a material change will be determined at our sole discretion.
If a change to these Terms materially modifies your rights or obligations, we may require that you accept the modified Terms in order to continue to use the Service. If you do not agree to the modified Terms in whole or in part, please stop using the website and your use of the Service.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.These Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms.
If you have any questions about these Terms, please contact us at [email protected]