ProductPlan Terms of Service

Last Modified: May 18, 2017

ProductPlan Website and Services

ProductPlan, LLC, a Delaware limited liability company (the “Company”, “we” or “us”), through its “ProductPlan” product, provides an online collaboration tool that allows users to create and share product strategy initiatives and roadmaps (the “Services”). The Services are available exclusively through the Company’s websites, located at www.productplan.com and app.productplan.com (together, the “Website”).

Acceptance of Terms of Service

The following terms and conditions, together with any documents they expressly incorporate by reference (including, without limitation, our Privacy Policy (collectively, these “Terms of Service”), govern your use of the Website, the Services, and any other content made available on the Website or through the Services, each of which are provided to you subject to your compliance with these Terms of Service and any other rules, policies and procedures that may be published from time to time by the Company on the Website or otherwise made available to you. By using and/or accessing the Website or the Services, you agree to be bound by the terms and conditions of these Terms of Service, which constitute a binding legal agreement between you and the Company.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE YOU USE THE WEBSITE OR THE SERVICES. IF YOU DO NOT WANT TO AGREE TO THESE TERMS OF SERVICE, YOU MUST NOT ACCESS OR USE THE WEBSITE OR THE SERVICES.

Changes to the Terms of Service

We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website and the Services thereafter. Your continued use of the Website or the Services following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check the Terms of Service regularly so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We reserve the right to withdraw or amend the Website and any Service or material we provide on the Website. We will not be liable if for any reason all or any part of the Website or the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website or the Services, or the entire Website or Services, to users, including registered users.

In the event that we plan to permanently terminate the Website or the Services, we will provide notice of the termination to you by email at least 90 days prior the effective date of the termination of the Website or the Services.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Website.
  • Ensuring that all persons who access the Website and the Services on your behalf are aware of these Terms of Service and comply with them.

In order to use the Services you will need to register and create an account. By creating an account, you represent that (a) the information you provide is truthful and accurate; (b) you are of legal age to agree to these Terms of Service; and (c) your use of the Services and the Website does not violate any applicable law or regulation or these Terms of Service. You are responsible for maintaining the security of your account, and are fully responsible for all activities that occur under the account and any other actions taken in connection with your use of the Services or the Website.

You must immediately notify the Company of any unauthorized use of your account or any other breach of security. The Company will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. You agree that all information you provide to register with the Website or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. We have the right to disable your user name, password or other identifier at any time in our sole discretion if, in our opinion, you have violated any provision of these Terms of Service or have otherwise engaged in conduct that is offensive or detrimental to us, the Website, or the Services.

By creating an account, you agree that we may send you periodic product updates and other communications, which are considered part of the Services and your account, which you may not be able to opt-out from receiving.

Use Policies

Acceptable Use

You are responsible for your use of the Website and the Services and you agree that you will use the Website and the Services only in compliance with these Terms of Service and all applicable laws and regulations.

Prohibited Use

You agree not to use the Website or the Services:

  • In any way that violates any applicable federal, state, local or international law or regulation.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity.
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website or the Services, or which, as determined by us, may harm the Company or users of the Website or the Services, or expose them to liability.
  • In any manner that could disable, overburden, damage, or impair the Website or the Services, or interfere with any other party’s use of the Website or the Services, including their ability to engage in real time activities through the Website.
  • If you are a competitor of our business or the Services.

Additionally, you agree not to:

  • Use any robot, spider or other automatic device, process or means to access the Website or the Services for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Website or the Services.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any part of the Website or the Services, the server on which the Website is stored, or any server, computer or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

We reserve the right to access, read, preserve, and disclose any information provided through the Website or in connection with the Services that we reasonably believe is necessary or desirable to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce these Terms of Service, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of the Company, our users and the public.

Content

If you post information or materials to the Website through the Services, post links through the Services, or otherwise make (or allow any third party to make) any content, information or other materials available by means of the Services (collectively, “Content”), you are entirely responsible for that Content and any harm resulting from that Content. This is the case regardless of whether the Content in question constitutes text, graphics, an audio file, computer software, or any other medium. By providing or making Content available, you represent and warrant that:

  • The distribution, display and use of the Content (through the Services) will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  • You have permission from the owner of the Content to display, post or make available the Content;
  • You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
  • The Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  • The Content is not spam, is not machine or randomly generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  • The Content is not libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party; and
  • You have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by the Company or otherwise.

The Company reserves the right to remove any Content that you provide on or through the Website or the Services if, in our opinion, the Content violates any provision of these Terms of Service or is otherwise offensive or detrimental to us, the Website, or the Services.

By submitting Content for inclusion on the Website or in connection with the Services, you grant the Company a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of providing the Services. If you delete Content, the Company will use reasonable efforts to remove it from the Website, but you acknowledge that caching, backups or references to the Content may not be made immediately unavailable.

Enforcement

Without limiting any other remedies, the Company has the right (though not the obligation) to, in its sole discretion, (a) refuse or remove any Content that, in the Company’s reasonable opinion, violates any Company policy or is in any way harmful or objectionable, or (b) terminate or deny access to and use of the Services to any individual or entity if, in our opinion, that individual or entity has violated any provision of these Terms of Service or has otherwise engaged in conduct that is offensive or detrimental to us, the Website, or the Services.

Use of Your Information

The Company may retain and use, subject to the terms of its Privacy Policy, information collected from your use of the Website or the Services. The Company will not share information associated with you or your account with any third parties unless the Company (a) has your permission; (b) concludes that it is required by law or has a good faith belief that access, preservation or disclosure of such information is reasonably necessary to protect the rights, property or safety of the Company, our users or the public; (c) concludes that it is necessary or desirable in connection with the Services, or (d) provides such information in anonymous or aggregated form provided that such information is not identifiable of you.

Notwithstanding the above, (a) you agree that the Company may identify you (or your company and use your company’s logo) on the Website and in marketing materials to identify you or your company as a user of the Services, and you hereby grant the Company a non-exclusive, royalty-free license to do so on the Website or in any media now or later developed in connection with any marketing, promotion or advertising of the Website or the Services, and (b) if you provide suggestions, ideas, feedback, or recommendations to us regarding the Website or the Services (“Feedback”), we will be free to use, disclose, reproduce, license or otherwise distribute, and exploit such Feedback as we see fit, without any obligation or restriction of any kind to you.

Fees and Payment

We charge fees for the use of certain features or aspects of the Services, which are described with those features and services. These fees are subject to change at any time. You agree that we may charge your payment account and that you will pay the applicable fees assessed to your account for the Services you have purchased.

You must cancel your subscription before your billing period renews to avoid the billing of the next period’s fees to your account. You will not receive a refund for any partial billing period cancellation.

Some Services may start with a free trial. If you have (or someone in your company has) used those Services previously, you may not be eligible to receive a free trial. We will not charge your account during the free trial period. When the trial period ends, your account will revert to the free version of the Services, unless you enter into a paid subscription for the Services prior to the end of the trial period.

Your Representations

You represent and warrant that (a) you have the necessary power and authority to enter into these Terms of Service (if you are agreeing to these terms on behalf of your employer or other entity, you represent and warrant that you have full legal authority to bind your employer or such entity to these Terms of Service) and (b) your use of the Website and the Services will be in strict accordance with these Terms of Service, the Privacy Policy, and all applicable laws and regulations (including, without limitation, any local laws or regulations in your country regarding online conduct and acceptable content, and the transmission of personal data to the United States from the country in which you reside), and will not infringe, violate or misappropriate the rights of any person or third party.

Termination

You may terminate your account at any time by providing notice of termination to us. We reserve the right to terminate or suspend your account or your access to any or all portions of the Website or the Services at any time, if, in our opinion, you have violated any provision of these Terms of Service or have otherwise engaged in conduct that is offensive or detrimental to us, the Website, or the Services. Upon termination, all rights and licenses granted to you in these Terms of Service immediately end. If your account or access to the Website or the Services is terminated or suspended because you violated these Terms of Service, you will not be entitled to any refund of any fees nor will any fees be credited or reimbursed to you in any form and you will have no further right to access any of the foregoing or your account.

Refund Policy

If you cancel part way through a month, quarter, or year, you will retain account access until the end of the billing cycle. Once your subscription terminates, your account will move to a viewer account, and you will be able to access the data associated with your account but will not be able to use the data in connection with the Services. You will not be charged again and no refunds will be given for the remaining paid-up time.

There will be no refunds or credits for partial periods of service or refunds for months unused, nor can we append “un-used time” to your account should you wish to reactivate in the future.

Intellectual Property Rights

The Website, the Services, and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Service permit you to use the Website and the Services only for your own personal or business use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your web browser for display enhancement purposes.

You may print or download copies of a reasonable number of pages of the Website or the Services for your own personal or business use and not for further reproduction, publication or distribution.

You must not:

  • Modify copies of any materials from the Website.
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Service, your right to use the Website and the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website or Services not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.

Trademarks

The Company name, the term ProductPlan, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company.

Changes to the Services or the Website

The Services may change from time to time, or we may stop (permanently or temporarily) providing the Services (or any features therein) to you or to users generally. In the event that we plan to permanently stop providing the Services to you, we will notify you by email at least 90 days prior to the date that we will stop providing the Services.

We may update the content on the Website or available through the Services from time to time, but the content is not necessarily complete or up-to-date. Any of the material on the Website or the Services may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on the Website is subject to our Privacy Policy. By using the Website or the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website or Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL THE COMPANY, OR ITS AFFILIATES, SUPPLIERS OR LICENSORS, BE LIABLE WITH RESPECT TO ANY USE OF THE WEBSITE OR THE SERVICES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (A) ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; (B) THE COST OF PROCUREMENT OR SUBSTITUTE PRODUCTS OR SERVICES; (C) INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; OR (D) ANY AMOUNTS THAT EXCEED THE FEES PAID BY YOU TO THE COMPANY FOR THE SERVICES DURING THE THREE (3) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION. THE COMPANY SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND ITS REASONABLE CONTROL.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the Website or the Services.

Governing Law and Jurisdiction

All matters relating to the Website, the Services, or these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Service, the Website or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case serving Santa Barbara County, California, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At the Company’s sole discretion, it may require you to submit any disputes arising from the use of these Terms of Service, the Website or the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, THE WEBSITE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver of by the Company of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

Entire Agreement and Assignment

These Terms of Service, our Privacy Policy, and any written Master Services Agreement (or similar agreement) executed by you and us constitute the sole and entire agreement between you and the Company with respect to the Website and the Services, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website and the Services. You may not assign your rights under these Terms of Service without the Company’s prior written consent. These Terms of Service will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Your Comments and Concerns

This website is operated by ProductPlan, LLC, a Delaware limited liability company, located 10 E. Yanonali St., Santa Barbara, California 93101.

All feedback, comments, requests for technical support and other communications relating to the Website should be directed to: info@productplan.com.