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Terms of Service

Last Updated: December 20, 2024

1. Acceptance of Terms

Welcome to Plan Harmony. These Terms of Service ("Terms") govern your access to and use of the Plan Harmony website, applications, and services (collectively, the "Service") operated by Plan Harmony LLC, a New York limited liability company ("Plan Harmony," "we," "us," or "our").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

2. Eligibility

You must be at least 13 years of age to use the Service. If you are under 18 years of age, you represent that you have your parent or legal guardian's permission to use the Service. By using the Service, you represent and warrant that you meet these eligibility requirements.

3. Description of Service

Plan Harmony is a collaborative trip planning platform that allows users to create, organize, and share travel itineraries with friends, family, and other travelers. The Service includes:

  • Creating and managing trip itineraries
  • Inviting collaborators to view and edit trips
  • Tracking events, budgets, and activities
  • Storing trip-related documents and media
  • Communication tools for trip participants

4. Account Registration

To access certain features of the Service, you must register for an account. When you register, you agree to:

  • Provide accurate, current, and complete information
  • Maintain and promptly update your account information
  • Maintain the security and confidentiality of your login credentials
  • Accept responsibility for all activities that occur under your account
  • Notify us immediately of any unauthorized use of your account

5. Free and Paid Services

Plan Harmony offers both free and paid subscription tiers. The free tier provides access to basic features, while paid subscriptions unlock additional functionality and capabilities.

Free Tier: Basic trip planning features with limited storage and collaborator capacity.

Paid Subscriptions: Enhanced features, increased storage, unlimited collaborators, and premium support. Pricing and specific features are described on our website and may change with notice.

Paid subscriptions are billed in advance on a recurring basis. You may cancel your subscription at any time, but refunds are not provided for partial billing periods. We reserve the right to modify pricing with 30 days' notice.

6. User Content

You retain ownership of any content you submit, post, or display through the Service ("User Content"). By submitting User Content, you grant Plan Harmony a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display such content solely for the purpose of operating and providing the Service.

You represent and warrant that:

  • You own or have the necessary rights to your User Content
  • Your User Content does not violate the rights of any third party
  • Your User Content complies with these Terms and all applicable laws

7. Prohibited Conduct

You agree not to:

  • Use the Service for any illegal purpose or in violation of any laws
  • Post content that is defamatory, obscene, harassing, or invasive of privacy
  • Impersonate any person or entity or misrepresent your affiliation
  • Interfere with or disrupt the Service or servers connected to the Service
  • Attempt to gain unauthorized access to any portion of the Service
  • Use automated means to access the Service without our permission
  • Upload viruses, malware, or other malicious code
  • Collect or harvest user information without consent
  • Use the Service to send spam or unsolicited messages

8. Intellectual Property

The Service and its original content, features, and functionality (excluding User Content) are owned by Plan Harmony and are protected by copyright, trademark, and other intellectual property laws. Our trademarks and trade dress may not be used without our prior written consent.

9. Third-Party Services

The Service may contain links to or integrations with third-party websites or services. Plan Harmony is not responsible for the content, policies, or practices of any third-party services. Your use of third-party services is at your own risk and subject to their terms and conditions.

10. Privacy

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your personal information. By using the Service, you consent to the collection and use of your information as described in our Privacy Policy.

11. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Service will cease immediately.

You may delete your account at any time through the Service settings. Upon account deletion, we will delete or anonymize your personal information in accordance with our Privacy Policy.

12. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

PLAN HARMONY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED. WE DO NOT MAKE ANY WARRANTIES REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PLAN HARMONY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE.

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID TO US, IF ANY, IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

14. Indemnification

You agree to indemnify, defend, and hold harmless Plan Harmony and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from your use of the Service, your User Content, or your violation of these Terms.

15. Dispute Resolution and Arbitration

Binding Arbitration: Any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules.

Class Action Waiver: You agree that any arbitration or proceeding shall be limited to the dispute between us individually. You waive any right to participate in a class action lawsuit or class-wide arbitration.

Exceptions: Either party may bring claims in small claims court if eligible. Either party may seek injunctive or equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement of intellectual property rights.

Opt-Out: You may opt out of this arbitration agreement by sending written notice to us within 30 days of first accepting these Terms.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. Any legal action not subject to arbitration shall be brought in the state or federal courts located in New York County, New York.

17. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Service after such changes constitutes acceptance of the modified Terms.

18. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect. The unenforceable provision will be modified to the minimum extent necessary to make it enforceable while preserving its intent.

19. Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Plan Harmony regarding your use of the Service.

20. Contact Us

If you have any questions about these Terms, please contact us at:

Plan Harmony LLC

Email: support@planharmony.com