terms-of-service.md (11196B)
1 # Terms of Service 2 3 Last updated: October 9th, 2024 4 5 When we say "Company", "we", "our", or "us" in this document, we 6 are referring to the owner of the spaceplanner.app service. 7 8 When we say "Services" we mean our websites, including spaceplanner.app, 9 and any product created and maintained by us, whether delivered 10 within a web browser, desktop application, mobile application, or 11 another format. 12 13 When we say "You" or "Your" we are referring to the people or 14 organizations that own an account with one or more of our Services. 15 16 We may update these Terms of Service ("Terms") in the future. 17 Whenever we make a significant change to our policies, we will 18 refresh the date at the top of this page and take any other appropriate 19 steps to notify account holders. 20 21 When you use our Services, now or in the future, you are agreeing 22 to the latest Terms. There may be times where we do not exercise 23 or enforce a right or provision of the Terms; however, that does 24 not mean we are waiving that right or provision. These Terms do 25 contain a limitation of our liability. 26 27 If you violate any of the Terms, we may terminate your account. 28 That's a broad statement and it means you need to place a lot of 29 trust in us. We do our best to deserve that trust by being open 30 about who we are, how we work, and keeping an open door to your 31 feedback. 32 33 ## Account Terms 34 35 1. You are responsible for maintaining the security of your account 36 and password and for ensuring that any of your users do the same. 37 The Company cannot and will not be liable for any loss or damage 38 from your failure to comply with this security obligation. We 39 recommend all users set up two-factor authentication for added 40 security. In some of our Services, we may require it. 41 42 2. You may not use the Services for any purpose outlined in our 43 [Use Restriction](/policies/use-restriction.html) policy, and 44 you may not permit any of your users to do so, either. 45 46 3. You are responsible for all content posted to and activity that 47 occurs under your account, including content posted by and 48 activity of any users in your account. 49 50 4. You must be a human. Accounts registered by "bots" or other 51 automated methods are not permitted. 52 53 ## Payment, Refunds, and Plan Changes 54 55 1. Our services are sold as a subscription, the price and duration 56 of which are disclosed before purchase. 57 58 2. For upgrades in service level, you are immediately charged the 59 difference in price. For downgrades you will be charged to new 60 price on the next billing cycle. 61 62 3. All fees are exclusive of all taxes, levies, or duties imposed 63 by taxing authorities. Where required, we will collect those 64 taxes on behalf of the taxing authority and remit those taxes 65 to taxing authorities. Otherwise, you are responsible for payment 66 of all taxes, levies, or duties. 67 68 4. We process refunds in accordance with our [refund 69 policy](/policies/refund.html). 70 71 ## Cancellation and Termination 72 73 - You are solely responsable for properly cancelling your account. 74 We provide a simple, functional account deletion button for you 75 to facilitate this. An email or phone request to cancel your 76 account is not automatically considered cancellation. If you need 77 help canceling your account, you can always contact support 78 <support@spaceplanner.app>. 79 80 - All of your content will be inaccessible from the Services 81 immediately upon account cancellation. Within 30 days, all content 82 will be permanently deleted from active systems and logs. Within 83 60 days, all content will be permanently deleted from our backups. 84 We cannot recover this information once it has been permanently 85 deleted. 86 87 - If you cancel the Service before the end of your current paid up 88 month, your cancellation will take effect immediately, and you 89 will not be charged again. We do not automatically prorate unused 90 time in the last billing cycle. See our Fair Refund policy for 91 more details. 92 93 - We have the right to suspend or terminate your account 94 and refuse any and all current or future use of our Services for 95 any reason at any time. Suspension means you and any other users 96 on your account will not be able to access the account or any 97 content in the account. Termination will furthermore result in 98 the deletion of your account or your access to your account, and 99 the forfeiture and relinquishment of all content in your account. 100 We also reserve the right to refuse the use of the Services to 101 anyone for any reason at any time. We have this clause because 102 statistically speaking, out of the hundreds of thousands of 103 accounts on our Services, there is at least one doing something 104 nefarious. For more details, see our Use Restrictions policy. 105 106 ## Modifications to the Services and Prices 107 108 - We reserve the right at any time to modify or discontinue, 109 temporarily or permanently, any part of our Services with or 110 without notice. 111 112 - Sometimes we change the pricing structure for our products. 113 When we do that, we may exempt existing customers from those 114 changes. We may also choose to change the prices for existing 115 customers. If we do so, we will give advance notice to you via 116 the email on record. 117 118 ## Uptime, Security, and Privacy 119 120 1. Your use of the Services is at your sole risk. We provide these 121 Services on an "as is" and "as available" basis. We do not offer 122 service-level agreements for our Services, but we do try to the 123 best of our abilities to keep services up and running. 124 125 2. We reserve the right to temporarily disable your account if your 126 usage significantly exceeds the average usage of other customers 127 of the Services. Of course, we'll reach out to the account owner 128 before taking any action except in rare cases where the level 129 of use may negatively impact the performance of the Service for 130 other customers. 131 132 3. We take many measures to protect and secure your data through 133 backups, redundancies, and encryption. We enforce encryption for 134 data transmission from the public Internet. 135 136 4. When you use our Services, you entrust us with your data. You 137 agree that we may process your data as described in our Privacy 138 Policy and for no other purpose. We as humans can access your 139 data for the following reasons: 140 141 - To help you with support requests you make. 142 143 - On the rare occasions when an error occurs that stops an automated 144 process partway through. We get automated alerts when such errors 145 occur. When we can fix the issue and restart automated processing 146 without looking at any personal data, we do. In rare cases, we 147 have to look at a minimum amount of personal data to fix the 148 issue. In these rare cases, we aim to fix the root cause to prevent 149 the errors from recurring. 150 151 - To safeguard our Services. We'll look at logs and metadata as 152 part of our work to ensure the security of your data and the 153 Services as a whole. If necessary, we may also access accounts 154 as part of an abuse report investigation. 155 156 - To the extent required by applicable law. 157 158 5. We use third party vendors and hosting partners to provide the 159 necessary hardware, software, networking, storage, and related 160 technology required to run the Services. Notably, [OpenBSD 161 Amsterdam](https://openbsd.amsterdam) for our servers and [Stripe, 162 Inc.](https://stripe.com) for payment processing. 163 164 6. Under the California Consumer Privacy Act ("CCPA"), we are a 165 "service provider", not a "business" or "third party", with 166 respect to your use of the Services. That means we process any 167 data you share with us only for the purpose you signed up for 168 and as described in these Terms, the Privacy policy, and other 169 policies. We do not retain, use, disclose, or sell any of that 170 information for any other commercial purposes unless we have 171 your explicit permission. And on the flip-side, you agree to 172 comply with your requirements under the CCPA and not use our 173 Services in a way that violates the regulations. 174 175 # Copyright and Content Ownership 176 177 1. All content posted on the Services must comply with U.S. copyright 178 law. We provide details on how to file a copyright infringement 179 claim. 180 181 2. You give us a limited license to use the content posted by you 182 and your users in order to provide the Services to you, but we 183 claim no ownership rights over those materials. All materials 184 you submit to the Services remain yours. 185 186 3. We do not pre-screen content, but we reserve the right (but not 187 the obligation) in our sole discretion to refuse or remove any 188 content that is available via the Service. 189 190 4. The Company or its licensors own all right, title, and interest 191 in and to the Services, including all intellectual property 192 rights therein, and you obtain no ownership rights in the Services 193 as a result of your use. You may not duplicate, copy, or reuse 194 any portion of the HTML, CSS, JavaScript, or visual design 195 elements without express written permission from the Company. 196 You must request permission to use the Company's logos or any 197 Service logos for promotional purposes. Please email us at 198 <support@spaceplanner.app> for requests to use logos. We reserve 199 the right to rescind any permissions if you violate these Terms. 200 201 5. You agree not to reproduce, duplicate, copy, sell, resell or 202 exploit any portion of the Services, use of the Services, or 203 access to the Services without the express written permission 204 of the Company. 205 206 ## Features and Bugs 207 208 We design our Services with care, based on our own experience and 209 the experiences of customers who share their time and feedback. 210 However, there is no such thing as a service that pleases everybody. 211 We make no guarantees that our Services will meet your specific 212 requirements or expectations. 213 214 As with any software, our Services inevitably have some bugs. We 215 attempt to provide you the best product possible, but we don't 216 guarantee completely error-free Services. 217 218 ## Liability 219 220 We mention liability throughout these Terms but to put it all in 221 one section: 222 223 You expressly understand and agree that the Company shall not be 224 liable, in law or in equity, to you or to any third party for any 225 direct, indirect, incidental, lost profits, special, consequential, 226 punitive or exemplary damages, including, but not limited to, damages 227 for loss of profits, goodwill, use, data or other intangible losses 228 (even if the Company has been advised of the possibility of such 229 damages), resulting from: (i) the use or the inability to use the 230 Services; (ii) the cost of procurement of substitute goods and 231 services resulting from any goods, data, information or services 232 purchased or obtained or messages received or transactions entered 233 into through or from the Services; (iii) unauthorized access to or 234 alteration of your transmissions or data; (iv) statements or conduct 235 of any third party on the service; (v) or any other matter relating 236 to these Terms or the Services, whether as a breach of contract, 237 tort (including negligence whether active or passive), or any other 238 theory of liability. 239 240 If you have a question about any of these Terms, please contact our 241 support team at <support@spaceplanner.app>.