Terms of Service
Last Revised: October 14, 2022
These Plannery Terms of Use (“Terms”) are a legal agreement between you and Plannery, Inc. a Delaware corporation (“Plannery, “we”, “us”) that governs your access to and use of www.planneryapp.com (the “Site”). As used in these Terms, the Site and the associated content, features, and services provided by Plannery are, collectively, the “Services”. References to “User” and “you” mean any person or legal entity that visits, accesses, or uses the Services, or registers for a User Account through the Services. These Terms incorporate Plannery’s standard policies, procedures, and any terms and conditions for use of the Services that are referenced by name or by links in the Terms (collectively, the “Plannery Policies”)
You acknowledge that you have read, understand, and agree to be bound by these Terms.
1. Terms Revisions
Plannery may update or revise these Terms (including any Plannery Policies) from time to time. You agree that you will review these Terms periodically. By continuing to use the Services, means you accept and agree with the changes.
2. Disclaimer Regarding Financial and Tax Advice; Third Party Referrals
2.1 Plannery is a service that enables its users to apply for a loan to consolidate their debt and pay for this loan through their payroll account. NEITHER PLANNERY NOR THE SERVICES ARE INTENDED TO PROVIDE LEGAL, TAX OR FINANCIAL ADVICE. PLANNERY IS NOT A FINANCIAL PLANNER, BROKER OR TAX ADVISOR.
2.2 From time to time Plannery may engage with third parties (“Partners”) to offer you additional services. These services may be tailored to your settings, preferences, and other information we gather from or about you. Plannery offers the Services to you at no charge but may receive a referral payment for offering you, or if you choose to use, the Partner services. For more information on how we collect, use, and disclose information to Partners, please seeSection 9.
3. Applying for a Plannery loan;
3.1. By getting a loan with Plannery (a "Loan"), you are subject to the restrictions set forth in these Terms and any other restrictions stipulated to you by us in writing.
During "Loan" registration, and from time to time, you may provide us information including your name and other personal information, and may connect your financial and payroll account(s), and in registering for a Loan and continuing to use the Services, you agree to provide true, accurate, current and complete information about yourself (such information,"User Account Data").
You further agree that, in providing such User Account Data, you will not knowingly omit or misrepresent any material facts or information. You further consent and authorize us to verify your User Account Data as required for your use of and access to the Services. We will require you to provide your full address, your date of birth, your social security number, your place of employment, your income, your role, and/or may require you to take steps to confirm ownership of your email address or financial instruments, order a credit report, or verify information you provide against third party databases or through other sources.
3.2 Once you register for the Loan, you may receive a unique user identification and password in connection with your User Account (the "User Account IDs").You must use your true and accurate name when signing up for a User Account.
3.3. You agree to maintain your User Account solely for your own use. You agree that you will not allow another person to use your User Account IDs to access or use the Services under any circumstances. You are solely and entirely responsible for maintaining the confidentiality of your User Account IDs and for any charges, damages, liabilities or losses incurred or suffered as a result of you failure to do so. We are not liable for any harm caused by or related to the theft of your User Account IDs, your disclosure of your Use Account IDs, or your authorization to allow another person to access account using your User Account IDs. Furthermore, you are solely and entirely responsible for any and all activities that occur under your User Account. You agree to immediately notify us of any unauthorized use of your User Account or any other breach of security known to you. You acknowledge that the complete security of your data and messages transmitted while using the Services cannot be guaranteed.
4. Consent to sharing data 3rd parties to process your Loan
4.1 Plannery partners with Method Financial to get real time data on your debts and pay off your debt on your behalf to your debtors. By agreeing to our Terms of Service, you agree to sharing your User Account data with Method Financial for the purpose of enabling the Method Services, including the provisioning and support of an End User, if applicable. You agree to accept the Method Terms and Method Privacy Policy. Plannery will provide all necessary End User notifications, including payment activity notifications. And Plannery will provide all necessary End User support for End User activity, including payment activity and dispute resolution
4.2 Plannery partners with Plaid and may use its services verify your bank account information, your assets, your income, as part of your Loan registration, in accordance with Plaid's End User Privacy Policy.
4.3 In order to conduct mandatory KYC checks as part of the Loan registration, Plannery partners with Iovation. By agreeing to the terms of service, you are providing consent to collect and share data necessary to perform iovation services.
4.4 Plannery will partner with other 3rd party services from time to time to aid with the processing of your Loan.
5. Communications
You may not opt out of Service-related emails which are not promotional in nature. We may also send you promotional emails to notify you about products or services that may be of interest to you. If you would like to stop receiving promotional messages from us or third parties, please click on the opt out link in any non-Services related email you receive. Even if you opt out, you will continue to receive Service-related communications from us.
6. Modifications to Services.
Plannery reserves the right, in its sole discretion, to modify the Services from time to time and without notice, without limitation, by removing, adding, or modifying portions of the Site and/or the App. Plannery shall have no liability to you for any of the foregoing actions. If you object to any such changes, your sole recourse is to cease using the Services. Continued use of the Services following any such changes will indicate your acknowledgment of such changes and satisfaction with the Services.
7. Intellectual Property Rights and Grant of Rights to User.
The features, information, and materials provided and depicted through the Services are protected by copyright, trademark, patent, and other intellectual property laws. All text, graphical content, video, data, and other content made available through the Services (collectively, the “Plannery Content”) are provided to User by Plannery or its partners or licensors solely to support User’s permitted use of the Services. The Plannery Content may be modified from time to time by Plannery in its sole discretion. Except as expressly set forth herein, no license is granted to User for any other purpose, and any other use of the Services or the Plannery Content by User will constitute a material breach of these Terms. Plannery and its partners or licensors retain all rights in the Services and Plannery Content and any associated patents, trademarks, copyrights, mask work rights, trade secrets, or other intellectual property rights. No license, right, or interest in any trademarks of Plannery or any third party is granted under these Terms.
8. Use Restrictions.
The Services and Plannery Content are offered solely for User’s use for the purposes described in these Terms. Any and all other uses are prohibited. You agree that you will neither use your User Account or the Services to collect or harvest Users’ information, including User Content and User Account information, nor will you publish or misuse personal or identifying information of another User, or third party, without that party’s express written consent. Plannery expressly reserves all its rights and remedies under applicable laws (including state, federal, and provincial/territorial laws). Plannery reserves the right, in its sole discretion, to refuse service, terminate Accounts, remove or edit content, cancel reservations, or deny access to the Services. You agree not to (and not to allow any third party to):
a. use any deep-link, robot, spider, scraper, or other automatic or manual device, process, or means to access, copy, search, or monitor any portion of the Services or Plannery Content, except as expressly authorized by Plannery;
b. take any action that imposes or may impose (in Plannery’s sole determination) an unreasonable or a disproportionately large load on the Services or Plannery’s infrastructure;
c. utilize any device, software, or routine that will interfere or attempt to interfere with the functionality of the Services;
d. rent, lease, copy, provide access to or sublicense any portion of the Services or Plannery Content to a third party;
e. use any portion of the Services or Plannery Content to provide, or incorporate any portion of the Services or Plannery Content into, any product or service provided to a third party;
f. reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code or non-public APIs to the Services, except to the extent expressly permitted by applicable law (and then only upon advance notice to Plannery);
g. modify any Services or Plannery Content or create any derivative product from any of the foregoing;
h. remove or obscure any proprietary or other notices contained in the Services orPlannery Content;
i. use the Services or Plannery Content for any illegal purpose; or
j. publicly disseminate information regarding the performance of the Services or Plannery Content or access or use the Services or Plannery Content for competitive analysis or benchmarking purposes.
Although the Sites may be accessible worldwide, not all features or services discussed, referenced, provided or offered through or on the Sites are available to all persons or in all geographic locations, or appropriate or available for use inside and outside the United States. Plannery reserves the right to limit, in its sole discretion, the provision and quantity of any feature or service to any person or geographic area
9. Comments, Communications, and Other Content.
The Services may permit you to submit, transmit, post or otherwise provide content; send emails and other communications; and submit suggestions, ideas, comments, questions, or other information (“User Content”). If you do submit User Content, and unless we indicate otherwise, you grant Plannery an on exclusive, perpetual, royalty-free, irrevocable, and fully sub licensable(through multiple tiers, including to partners and other third party websites and feeds) right to use, modify, reproduce, adapt, translate, publish, create derivative works from, distribute, display, and otherwise exploit such UserContent throughout the world in any media, and, where applicable, you here by waive any privacy or publicity rights or any similar rights in an individual’s name or likeness in addition to any moral or other rights you may have in the User Content you submit in favor of Plannery. You represent that you own, or have the necessary permissions to use and authorize the use of User Content as described herein. Plannery takes no responsibility and assumes no liability for any User Content submitted by you or any other User or third party, nor do we guarantee any confidentiality with respect to User Content. User Content does not include User Account Data.
10. Third Party Links and Services.
The Site may contain links to or permit you to access other websites and services, including your online bank websites or other financial institution websites and Partners, that are not under the control of Plannery (“Third PartySites”). We have no responsibility for Third Party Sites and allowing access from our Site to a Third Party Site does not constitute an endorsement of such. If you use the links or otherwise access the Third Party Sites, you will leave the Site and your activities may be governed by other terms and conditions and privacy practices. Access to Third Party Sites is enabled solely for the convenience and information of the Site’s Users and at the Users’ own risk.
11. Privacy Policy.
Plannery is committed to helping you safeguard your privacy online. Please review our Privacy Policy for details about how we collect, use, and disclose information in connection with the Services.
12. Your Representations and Indemnity.
You represent and warrant that you own or otherwise control all of the rights to any User Content submitted by you; that all User Content submitted by you is accurate; and that exploitation of such User Content by Plannery and its other Users, partners, and licensees will not violate these Terms, cause injury to any person or entity, or infringe any third-party rights (including, without limitation, intellectual property rights and rights of privacy or publicity). You will indemnify, hold harmless, and (at Plannery’s request) defend Plannery, its affiliates, and its and their representatives, agents, directors, managers, officers, employees, and shareholders (collectively, the “Plannery Parties”) from and against all claims resulting from (1)any User Content submitted by you, (2) your use of the Services, or (3) any breach or alleged breach by you of these Terms.
13. Liability Limitations.
13.1. EXCEPT AS EXPRESSLY SPECIFIED HEREIN, IN NO EVENT SHALL THE PLANNERY PARTIES BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS, OR DIRECT DAMAGES OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHICH ARISE OUT OF OR ARE ANY WAY CONNECTED WITH (1) THESE TERMS (INCLUDING ANY CHANGES THERETO), (2) ANY USE OF THE SITE, APPLICATIONS, SERVICES, THE PLANNERY CONTENT, USER ACCOUNT DATA, OR THE USER CONTENT, (3) ANY FAILURE OR DELAY(INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT) OF ANYOF THE SERVICES), (4) GOODS OR SERVICES FACILITATED BY THE SERVICES, OR (5) ANY INTERACTIONS WITH OR INFORMATION OBTAINED FROM THIRD PARTY SITES, INCLUDING PARTNERS.
13.2. IF THE DISCLAIMER OF DIRECT DAMAGES ABOVE IS NOT ENFORCEABLE AT LAW, YOU EXPRESSLY AGREE THAT OUR SOLE AND EXCLUSIVE DIRECT DAMAGES LIABILITY TO YOU (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORMOF THE ACTION) WILL AT ALL TIMES BE LIMITED TO FIVE US DOLLARS ($5).
13.3. You and Plannery understand and agree that the disclaimers, exclusions, and limitations in this Section 13 and in Section 14 are essential elements of these Terms and that they represent a reasonable allocation of risk. In particular, you understand that Plannery would be unable to make the Services available to you except on these terms and agree that these Terms will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose.
14. Disclaimer of Warranties.
14.1. YOU UNDERSTAND THAT USE OF THE SERVICES IS AT YOUR OWN RISK AND PLANNERY CANNOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE SERVICES, THE SITE, THE APP, ALL PLANNERY CONTENT, USER ACCOUNT DATA, USER CONTENT, AND ANY OTHER INFORMATION, PRODUCTS, AND MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICES, ARE PROVIDED TO USER ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTY OF ANY KIND. PLANNERY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, OR INDEMNITIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM A COURSE O DEALING, PERFORMANCE, OR TRADE USAGE. PLANNERY DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE,THAT PLANNERY WILL REVIEW THE INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SERVICES FOR ACCURACY OR THAT IT WILL PRESERVE OR MAINTAIN ANY SUCH INFORMATION OR MATERIALS, INCLUDING USER ACCOUNT DATA, WITHOUT LOSS. PLANNERY WILL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES, OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHERS YSTEMS OUTSIDE THE REASONABLE CONTROL OF PLANNERY.
14.2. THE FOREGOING DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW
15. Severability.
If any of the provisions, or portions thereof, of these Terms are found to be invalid under any applicable statute or rule of law, then, that provision (or portion thereof)notwithstanding, these Terms will remain in full force and effect and such provision or portion thereof will be deemed omitted.
16. Assignment.
These Terms and the rights granted and obligations undertaken hereunder may not be transferred, assigned, or delegated in any manner by User, but may be freely transferred, assigned, or delegated by Plannery.
17. Waiver.
Any waiver of any provision of these Terms, or a delay by any party in the enforcement of any right hereunder, will neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.
18. ARBITRATION AGREEMENT AND JURY TRIAL WAIVER, CLASS ACTION WAIVER, AND FORUM SELECTION CLAUSE.
18.1. You agree that any and all controversies, disputes, demands, counts, claims, or causes of action(including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and the Plannery Parties or their successors or assigns will exclusively be settled through binding and confidential arbitration.
18.2. Arbitration will be subject to the Federal Arbitration Act and not any state or provincial/territorial arbitration law. The arbitration will be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”). As modified by these Terms, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’sCommercial Arbitration Rules and, if the arbitrator deems them applicable, theSupplementary Procedures for Consumer Related Disputes (collectively, the “Rules and Procedures”).
18.3. In the case of arbitration and where permitted by law, you are thus agreeing to GIVE UP YOUR RIGHT TO GOTO COURT to assert or defend your rights EXCEPT for matters that you file in small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR andNOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT.Arbitrator decisions are as enforceable as any court order and are subject toVERY LIMITED REVIEW BY A COURT.
18.4. In the case of arbitration and where permitted by law, you and Plannery must abide by the following rules:
(1) ANY CLAIMS BROUGHT BY YOU OR PLANNERY MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING;
(2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF ARE PRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF;
(3) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, Plannery will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation;
(4) Plannery also reserves the right inits sole and exclusive discretion to assume responsibility for all of the costs of the arbitration;
(5) the arbitrator will honor claims of privilege and privacy recognized at law;
(6) the arbitration will be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award;
(7) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and
(8) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and, in such instance, the fees and costs awarded will be determined by the applicable law.
18.5. Notwithstanding the foregoing, either you or Plannery may bring an individual action in small claims court. Further, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret will not be subject to this arbitration agreement. Such claims will be exclusively brought in the state or federal courts located in the County of San Mateo, California. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in the County of San Mateo, California, in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within the County of San Mateo, California, for such purpose. A request for interim measures will not be deemed a waiver of the right to arbitrate.
18.6. With the exception of Section 18.4(1) and (2) (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting part was not contained herein. If, however, either Section 18.4 (1) or (2) is found to be invalid, unenforceable, or illegal, then the entirety of this arbitration provision will be null and void, and neither you nor Plannery will be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration (including any claims brought by parties outside the United States or Canada), the dispute will be exclusively brought in state or federal court located in the County of San Mateo, California.
18.7. For more information on AAA, the Rules and Procedures, or the process for filing an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.
19. Choice of Law.
These Terms are made underand will be governed by and construed in accordance with the laws of the State of California, U.S.A., consistent with the Federal Arbitration Act (to the extent permitted by applicable law), without giving effect to any principles that provide for the application of the law of another jurisdiction. You may also be entitled to certain consumerprotection rights under the laws of your local jurisdiction and/or country of residency.
20. Support
Questions? Contact Plannery for support and questions about these Terms and the Services at: support@planneryapp.com.