1.1. Plan&Control website (hereinafter the “Website”) and mobile application (hereinafter the “App”) and related services (together with the Website and App, the “Service”) are operated by Domedia S.C. (hereinafter the “Plan&Control,” “us,” or “we”). Access and use of the Service is subject to the following Terms of Use of Service (hereinafter the “Terms of Use”).
1.2. By accessing or using any part of the Service, you as a user (hereinafter “you” or “user”) represent that you have read, understood, and agree to be bound by these Terms of Use including any future modifications. We may amend, update or change these Terms of Use. If we do this, we will post a notice that we have made changes to these Terms of Use on the Websites for at least 7 days after the changes are posted and will indicate at the bottom of the Terms of Use the date these terms were last revised. Any revisions to these Terms of Use will become effective the earlier of (i) the end of such 7-day period or (ii) the first time you access or use the Service after such changes. If you do not agree to abide by these Terms of Use, you should not use, access or participate in the Service, or if began, stop further activities.
1.3. Every user must carefully read the Terms of Use and accept their provisions before starting using the Services. Commencing the use of the Services (including Website and App) is equivalent to accepting and agreeing to observe the Terms of Use.
1.4. The name of the App, Website, the programming code of the website and Platform, rules of operation, logo, graphic design, trademarks, software and database are protected by law.
1.5. Users actively using the Services may be natural persons over 18 years of age and have full legal capacity, legal persons and organizational units without legal personality, but who may acquire rights and incur obligations on their own behalf in the country where they reside when using the Services.
1.6 The present Terms of Use are available in an electronic version via Website and App, enabling the free-of-charge access, reproduction and saving of the said Terms of Use by the user.
1.7. You should regularly visit the indicated Website or App to read the current provisions of the Terms of Use, because further use of the Services will be considered as a direct acceptance of any changes to the Terms of Use.
2.1. The App is an innovative planner tool in form of a mobile application that allows you to visually track progress of your planned works. The App allows you to visualize your tasks progress with diverse sci-fi themes in which your space base is developing as you make progress in your projects.
2.2. The Website is a landing page informing about the application, containing basic information about its functionalities, possibilities and ideas.
2.3. Service including the App and Website allows users to access and use a planning tool, due embedded functionalities of the App. Services might include additional features in the future, including paid features.
2.4. Plan&Control may, in its sole discretion and at any time, update, change, suspend, make improvements to or discontinue any aspect of the Service, temporarily or permanently.
3.1. During the registration process dedicated for users, you might be asked to create an account, which includes a sign-in name, a password, and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future (collectively hereinafter “Unique Identifiers”). When creating your account, you must provide true, accurate, current, and complete information. Each sign-in name and corresponding password can be used by only one registered user. You are solely responsible for the confidentiality and use of your sign-in name, password, and Unique Identifiers, as well as for any use, misuse, or communications entered through the App (Services) using one or more of them.
3.2. In the event of disclosure, as part of the provided functionalities or by contacting us, you should promptly deactivate a password or sign-in name or change any Unique Identifier. We reserve the right to delete or change your password, sign-in name, or Unique Identifier at any time and for any reason. Plan&Control will not be liable for any loss or damage caused by any unauthorized use of your account.
3.3. In connection with registering for and using the Service, you agree to:
3.3.1 provide accurate, current and complete information about you and/or your organization as requested by Plan&Control;
3.3.2. maintain the confidentiality of your password and other information related to the security of your account, if applicable;
3.3.3. maintain and promptly update any registration information you provide to Plan&Control, to keep such information accurate, current and complete;
3.3.4. be fully responsible for all use of your account and for any actions that take place through your account.
3.4. As a condition of submitting any content including information, text, data or any other content allowed by the App functionalities, current or future, (hereinafter the “Content”), you:
3.4.1. hereby grant to Plan&Control a royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, create derivative works from, incorporate such Content into other works;
3.4.2. sublicense through multiple tiers the Content and acknowledge that this license cannot be terminated by you once your Content is submitted to the Services.
3.4.3. represent that you own or have secured all legal rights necessary for the Content submitted by you
3.4.4. you understand that we are not obliged to maintain the confidentiality of the Content;
3.4.5. will not input any Content that infringes the rights of other people (in particular, propagating racial hatred or inciting violence, offensive to someone else's religious feelings, violating other people's dignity, violating privacy or other personal rights), Content violating the principles of social coexistence; the above restrictions also include the prohibition of placing links to other pages (hyperlinks) containing such Content, and apply to the dissemination of false information.
4.1. You represent and warrant to Plan&Control that your access and use of the Service will be in accordance with these Terms of Use and with all applicable laws, rules and regulations of the Poland and any other relevant jurisdiction, including those regarding online conduct or acceptable content, and those regarding the transmission of data or information exported from Poland and/or the jurisdiction in which you reside.
4.2. You further represent and warrant that you have created or own any imputed information, material or data you submit via the App (including schedules, step-up plans and schemes for planning) and that you have the right, as applicable, to grant us a license to such information or materials as set forth above or the right to assign that material to us as set forth below.
5.1. It is prohibited to:
5.1.1. use the Portal in a way violating or leading to a violation of the applicable legal provisions or the Terms of Use;
5.1.2. infringe copyright or industrial property rights of the Plan&Control, other users or any third parties;
5.1.3. copy, duplicate or use the content of the App or Website, in whole or in part, without a previous consent from the Plan&Control;
5.1.4. upload, display or otherwise provide on or through the Service any Contend indicated in Clause 3.4.5. of this Terms of Use;
5.1.5. use for purposes other than normal use of the App as intended, modify or reverse engineering the source code (programming code) of the App.
5.2. It is also prohibited to, in Plan&Control’s sole judgment, is objectionable or which restricts or inhibits any other person from using the Service or which may expose Plan&Control or its users to any harm or liability of any kind.
6.1. The App and Website contains material, such as data, software, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of Plan&Control (collectively hereinafter as the “Background Content”). The Background Content may be owned by us or by third parties. The Background Content is protected under laws of Poland and foreign laws. Unauthorized use of the Background Content may violate copyright, trademark, and other laws. You have no rights in or to the Background Content, and you will not use the Background Content except as permitted under this Terms of Use. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Background Content on any copy you make of the Background Content. You may not sell, transfer, assign, license, sublicense, or modify the Background Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Background Content in any way for any public or commercial purpose. The use or posting of the Background Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
6.2. If you violate any part of this Terms of Use, your permission to access and/or use the Background Content, the App, and our Services automatically es and you must immediately destroy any copies you have made of the Background Content.
6.3. Subject to the terms of these Terms of Use, Plan&Control grants you a non-transferable, non-exclusive license to download, install, and use one copy of the App in object code form only on an interactive wireless device that you own or control. You may not derive or attempt to derive the source code of all or any portion of any App, permit any third party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble, or translate any App or any part thereof. Plan&Control and its licensors (if applicable) own and shall retain all intellectual property rights and other rights in and to the App, and any changes, modifications, or corrections thereto.
6.4. You may not use any data mining, robots, scraping or similar data gathering or extraction methods to obtain Background Content. As between you and Plan&Control, all data, information and materials generated from your access and use of the App made available on or through the Service, shall be exclusively owned by Plan&Control, and you shall not have any right to use such materials except as expressly authorized by these Terms of Use.
6.5. The trademarks, service marks, and logos of Plan&Control (hereinafter as the “Trademarks”) used and displayed on the App and Website are registered and unregistered trademarks or service marks of Plan&Control. Other company, product, and service names located on the Website/App may be trademarks or service marks owned by others. Nothing on the App or Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing.
6.6. Elements of the App and Website are protected by trade dress, trademark, unfair competition, and other country and international laws and may not be copied or imitated, in whole or in part, by any means, including but not limited to the use of framing or mirrors. None of the Background Content may be retransmitted without our express, written consent for each and every instance.
7.1. You may choose our free Service or paid Service (hereinafter as "Premium") depending on your needs. We do not guarantee when, if ever, Premium features will be available in the free Service. You may upgrade from free Service to Premium at any time by any of the following methods:
7.2. If you purchase a Premium App version, you will be charged with the fee presented upon such purchase. In the Service, you may purchase, with fiat money, a limited, personal, non-transferable, non-sublicensable, revocable license to use Premium version of the App. You are allowed to purchase the Premium version subscription from official channels of the App distribution, and not in any other way.
7.3. Plan&Control may manage, regulate, control, modify, or eliminate payable versions of the App or its features at any time, with or without notice. Plan&Control may update the pricing of the App or amend the subscription model at any time in its sole discretion and may add new features for additional fees. Plan&Control shall have no liability to you or any third party in the event that Plan&Control exercises any such rights.
7.4. You agree to pay all fees and applicable taxes incurred by you or anyone using a Plan&Control account registered to you. Plan&Control may revise the pricing for the goods and services offered through the Service at any time. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
All financial transactions made in connection with the App will be processed by a third party in accordance with their respective terms of use, privacy policy, and/or any applicable payment Terms of Use. We encourage you to learn about the practices of such third party. In no event will Plan&Control be responsible for the actions or inactions of any third party payment processor, including, but not limited to, system downtime or payment service outages.
In the event that Plan&Control suspends or terminates your use of the Service on the basis of this Terms of Use or you close your account voluntarily, you understand and agree that you will receive no refund or exchange of any kind, any Content or data associated with your use of the Service, or for anything else.
10.1. The App or the Website may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Plan&Control. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from Plan&Control, you understand that these Terms of Use and our Privacy Policy do not apply to your use of such sites. You expressly acknowledge and agree that Plan&Control shall not be responsible or liable, directly or indirectly, for any damage or loss arising from your use of any third-party website, service, or content.
10.2. The App or the Website may include advertisements, which may be targeted to the Content or information on the Service, or other information. The types and extent of advertising by Plan&Control on the Service are subject to change. In consideration for Plan&Control granting you access to and use of the Service, you agree that Plan&Control and its third party providers and partners may place such advertising in connection with the display of content or information submitted by you or others.
THE SERVICE, INCLUDING ALL IMAGES, AUDIO FILES AND OTHER CONTENT THEREIN, AND ANY OTHER INFORMATION, PROPERTY AND RIGHTS GRANTED OR PROVIDED TO YOU BY PLAN&CONTROL ARE PROVIDED TO YOU ON AN “AS IS” BASIS. PLAN&CONTROL AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, EITHER EXPRESS OR IMPLIED, AND ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PLAN&CONTROL DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND RELATING TO ACCURACY, SERVICE AVAILABILITY, COMPLETENESS, INFORMATIONAL CONTENT, ERROR-FREE
IN NO EVENT WILL PLAN&CONTROL BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY) FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THE ACCESS OR USE OF, OR THE INABILITY TO ACCESS OR USE, THE SERVICE OR ANY PORTION THEREOF, INCLUDING BUT NOT LIMITED TO THE LOSS OF USE OF THE SERVICE, INACCURATE RESULTS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR DAMAGES STEMMING FROM LOSS OR CORRUPTION OF DATA OR DATA BEING RENDERED INACCURATE, THE COST OF RECOVERING ANY DATA, THE COST OF SUBSTITUTE SERVICES OR CLAIMS BY THIRD PARTIES FOR ANY DAMAGE TO COMPUTERS, SOFTWARE, MODEMS, TELEPHONES OR OTHER PROPERTY, EVEN IF PLAN&CONTROL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PLAN&CONTROL’S LIABILITY TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO PLAN&CONTROL FOR THE SERVICE IN THE 12 MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
You agree to defend, indemnify and hold harmless Plan&Control and its directors, officers, employees, contractors, agents, suppliers, licensors, successors and assigns, from and against any and all losses, claims, causes of action, obligations, liabilities and damages whatsoever, including attorneys' fees, arising out of or relating to your access or use of the Service, any false representation made to us (as part of these Terms of Use or otherwise), your breach of any of these Terms of Use, or any claim that any translation we provide to you is inaccurate, inappropriate or defective in any way whatsoever, including Content used or posted.
14.1. Plan&Control may terminate your access and use of the App and other Services immediately at any time, for any reason, and at such time you will have no further right to such use.
14.2. You may terminate your Plan&Control account at any time by following the instructions available through the Service. The provisions of these Terms of Use relating to the protection and enforcement of Plan&Control’s proprietary rights, your representations and warranties, disclaimer of representations and warranties, release and indemnities, limitations of liability and types of damages, ownership of data and information, governing law and venue, and miscellaneous provisions shall survive any such termination.
14.3. Please note, that we reserve the right, in our sole discretion, to restrict, suspend, or terminate this your access to the App and other Services, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the App at any time without prior notice or liability.
Use of the Service is also governed by our Privacy Policy, a copy of which is located in the App and at our Website in the “Privacy” tab. By using the Service, you consent to the terms of the Privacy Policy.
16.1. The user is entitled to file complaints related to the Service.
16.2. Any complaint regarding payment processing is forwarded by the Plan&Control to the payment operator. Any correspondence in aforementioned matters shall be conducted via e-mail.
16.3. The complaint shall be delivered to the Plan&Control 's e-mail address: contact@plancontrol.app.
16.4. A complaint submitted by the User should include:
16.4.1. the e-mail address to which the reply is to be sent;
16.4.2. designation of the user who has filed the complaint;
16.4.3. description of the Service or payment service being the subject of the complaint;
16.4.4. description and justification of the claim forming the basis of the complaint;
16.4.5. in case of complaint filed via post to Plan&Control’s registered office, also the user’s correspondence address.
16.5. If the data or information provided in the complaint requires supplementation, before considering the complaint, we will provide you with request to supplement additional information.
16.6. The complaint which does not contain the data referred to in Clause 16.4. above, will not be considered by us.
16.7. We will consider the complaints in the order of their receipt.
16.8. We will do our best to consider your complaint within 21 business days of the date of its receipt.
16.9. In the case that the consideration of the complaint requires taking additional actions or obtaining additional information, Plan&Control may extend the deadline for examining the complaint, of which he shall inform the user about such delay indicating the date of the planned considerationof the complaint.
16.10. Immediately after considering the complaint, Plan&Control shall reply the user by sending an e-mail to the address given in the form provided accordingly to Clause 16.1. above or by sending a written statement to the correspondence address provided by the User in accordance with Clause 16.4.5. above.
16.11. If you are a copyright owner and have a good faith belief that any material available through the Service infringes upon your copyrights, you may submit a copyright infringement notification and the rules indicated above, shall apply accordingly.
17.1. Unless the mandatory provisions of law provide otherwise, the law applicable for the provision of Service by the Plan&Control under the conditions specified in these Terms of Use is Polish law. In matters not regulated herein, the provisions of the Polish law shall apply, in particular of the Civil Code and the Act on the provision of services by electronic means.
17.2. These Terms of Use constitute the entire agreement between Plan&Control and you concerning the subject matter hereof. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. A waiver by Plan&Control or you of any provision of these Terms of Use or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Plan&Control may assign its rights or obligations under these Terms of Use without condition. These Terms of Use will be binding upon and will inure to the benefit of Plan&Control and you, and Plan&Control 's and your respective successors and permitted assigns.
17.3. These Terms of Use as part of the App and Website (Service) might be available in various languages. In the event of a discrepancy between the language versions, the English language version shall prevail.
17.4. The court having jurisdiction to settle any disputes that may arise as a result of implementing the provisions of these Terms of Use is the court with jurisdiction over the Plan&Control 's seat. The court's jurisdiction referred to in the sentence above does not apply to the consumer within the meaning of the Civil Code.
17.5. User who is a consumer may use an out-of-court complaints and claims resolution mode before the Permanent Consumer Arbitration Court at the Provincial Inspectorate of Trade Inspection in Warsaw. Information on how to access the aforementioned mode and procedure of considering disputes is available on www.uokik.gov.pl in the tab "Rozstrzyganie sporów konsumenckich (Settling consumer disputes)".
18.1. The Terms of Use and each subsequent version thereof shall enter into force on the date of publishing (App or Website).
18.2. Users should direct all questions, opinions and suggestions referring to the functioning of the App and Website to the e-mail address: contact@plancontrol.app.
18.3. The Terms of Use in the above wording shall enter into force on the day of its publication in accordance with Clause 1.7. hereof.