“Account” means collectively the personal information, payment information and credentials used by Users to access the Services through the Website;
“Content” means all visual, written or audible data, information or material including any hyperlink, text, image, logo, word, sound avatar, document, spreadsheet, text message, form entry, web page, and any other file or data or any similar material, including each of the foregoing that is uploaded to, transferred through, publicly posted, processed or entered into the Services by You;
“Data” means information and data about users or usage of the plancake.com service;
“Intellectual Property Rights” means any copyright, database right, design right, trade mark, service mark, patent, rights in invention, domain name, confidential information, know-how, business name, trade name, get-up, trade dress, right to sue for passing off or for unfair competition, and any other intellectual property rights whether applied for, registered or unregistered and all extensions, renewals and revivals thereof and existing anywhere in the world;
“Plancake Translation Program” is the set of tools and processes to allow Users to voluntarily contribute to translate Plancake into multiple languages
“Subscription Fee” means the sum of money paid by Users to use the Services after the free trial period;
“Website” means Websites at http://www.plancake.com and any other associated plancake.com domains; and
“Workspace” means a single service with a defined set of subscription terms and limited group of Users who are authorised to access the service.
1.2.1 Any reference to a “person” includes any individual, company, corporation, firm partnership, joint venture, association, organisation or trust (in each case, whether or not having separate legal personality) and references to any of the same shall include a reference to the others;
1.2.2 References to any legislation, statute or statutory provisions includes a reference to those provisions as amended or re enacted or as their application is modified by other provisions from time to time and any reference to a statutory provision shall include any subordinate legislation made from time to time under that provision;
1.2.3 Any phrase introduced by the words “including”, “include”, “in particular”, “for example” or any similar expression shall be construed as illustrative only and shall not be construed as limiting the generality of any preceding words; and
1.2.4 References to the singular include the plural and in each case vice versa.
3.4 The Website and Services provided by Us to You, any copies thereof made by You are and shall remain Our exclusive property.
3.6 You may not register, operate or otherwise control more than two Plancake user accounts.
4.1 We reserve the right to effect modifications to the design, operational method, technical specifications, systems, and other functions of the Services, at any time without prior notice.
4.2 The Services are normally available over the Internet on a 24×7 basis. We shall be entitled to take measures that affect the aforementioned accessibility where We deem such measures to be necessary for technical, maintenance, operational, or security reasons. You acknowledge that Your access to the Internet cannot be guaranteed and that We shall not be liable for deficiencies in Your own Internet connections or equipment.
4.4 The Services may contain links to third party websites or software that are not owned or controlled by Us. We will not and cannot censor or edit or control the content of any third party site. We are not liable for any losses incurred by You during the use of any third party websites or software.
4.5 Plancake reserves the right to terminate the Agreement, a User's Account and a User's access to the Services at any time for the following reasons:
4.6 If Plancake terminates a User's Account as a result of the User's breach of these terms and conditions the User will not be entitled to any refund.
4.8 Plancake makes some features available only after the User pays a Subscription Fee. The set of features available to Subscribers only may change at any point in time: some of them may become available to any user.
4.9 The service allows each user to store up to 10 Megabytes of data on the Plancake's servers.
4.10 We can't guarantee notes bigger than 50 Kilobytes will be stored correctly.
4.11 We may limit the amount of completed tasks (and archived items) stored in our infrastructure in order to reduce its load.
4.12 After a period of inactivity, whereby a user fails to login to an account for a period of nine months, we reserve the right to disable or terminate the account deleting all the information associated with it. If an account has been deactivated for inactivity, the username associated with that account may be given to another user without notice to you or such other party.
4.13 Plancake may limit the number of tasks, lists, tags and notes you are allowed to create.
4.14 The official language of the Website is English. Any other translation is provided by volunteer contributors, thus we can't verify the accuracy of it.
4.15 From time to time, We may contact You using the email address You provided upon registration, in order to communicate important changes or features in the products developed by Us.
5.1 You shall comply with the security and administrative regulations as notified by Us in conjunction with registration, by email or in any other manner from time to time.
5.2 You undertake, in conjunction with registration, to provide correct information regarding Your identity and a correct and legitimate email address, that You check regularly (at least once a week) as essential information may be sent there.
5.3 You shall be responsible for the activities conducted through Your use of the Services and shall ensure compliance with national laws in conjunction therewith. All Content uploaded to, transferred through, publicly posted, processed or entered into the Services by You shall be Your sole responsibility.
5.4 You are responsible for monitoring Your Workspaces and shall be liable to Us for ensuring that Content transferred to or handled within the Services which is processed by You and/or individuals invited by You to do so does not: (i) infringe any third party rights; (ii) violate any applicable law or regulation; (iii) harm the reputation of a third party; (iv) constitute a dissemination of a business secret or confidential information; (v) incite a third party to commit or participate in a crime; (vi) constitute a threat, abuse or harassment, and that You possess such necessary licences from third parties as may be required in order to process the Content and use the Services. You hereby INDEMNIFY Us and keep Us INDEMNIFIED against any and all claims, damages, loss, expenses, costs and disbursements suffered by Us as a result of a breach by You (or one of Your personnel) of this clause 5.
5.5 You are not permitted use the Services in order to gain material in violation of law, regulation or material which in any manner contravenes generally accepted practices.
5.6 You shall not attempt to obtain or compile Data about other user’s usage of the Services, invade the privacy of others, misuse the personal data of others, or otherwise incite a person, persons or
body corporate to carry out such acts and You shall not make available libellous, defamatory, abusive, derogatory, inflammatory or obscene Content.
5.8 You agree not to use or launch any automated system, including “robots”, “spiders” or “offline readers” that access the Services in a manner that sends more request messages to Our servers in a given period of time than a single human can reasonably produce in the same period by using a conventional online web browser. You agree not to collect or harvest any personally identifiable information, including names, from the Services and not to use the Services to contact users other than those in your workspace and who are personally known to you.
5.9 In relation to individual users, You agree that in using the Services You will provide a specific named email address for your account that is Your personal, business or company address and is not an email address shared or associated with multiple users or group of people. You agree that only You will access Your account using this email address and that You shall not provide your personal login details to any other person. You agree to only register one email address on the Website and not to have multiple email addresses or accounts registered at any one time.
5.11 This service can't be use for any illegal purpose or for any activity against the law.
You are granted a limited, non-sublicensable right to access the API, the Services and Data for the purpose of enabling you or other users to access the Plancake services via 3rd party software or website. Any use of the API, including use of the API through a third-party software or website that accesses the Services, is bound by the terms of this agreement plus the following specific terms:
6.1 You agree that You are solely responsible for (and that We have no responsibility to You or to any third party for) any services and/or products You provide through any 3rd party software.
6.2 You expressly understand and agree that We shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if We has been advised of the possibility of such damages), resulting from your use of the API or thirdparty products that access data via the API.
6.3 You will not collect any user’s personal information or data in a misleading, illegal, unauthorised or unfair way. Without limiting the generality of the foregoing, You will never collect, store or record passwords used by users to log-in to the Services. If users need a separate password to use your software You will either (i) automatically generate a unique password and securely communicate it to
the user or (ii) not permit users to use a password that is the same as the user’s Plancake Password. You agree that any 3rd party software shall be provided by You in compliance with all applicable laws and regulations (including without limitation those relating to the protection of privacy and the processing of personal data or traffic data).
6.4 You will not use the API to create software that sends unsolicited communications (whether commercial or otherwise) to any third party.
6.5 You shall not use Plancake APIs for any application that replicates or attempts to replace the essential user experience of plancake.com.
6.6 You shall not attempt to cloak or conceal your identity or your application's identity when requesting authorization to use Plancake APIs.
6.7 You shall not cache or store any Plancake user information other than for reasonable periods in order to provide the service you are providing to Plancake users.
6.8 You shall not use Plancake APIs for any application that constitutes, promotes or is used in connection with spyware, adware, other malicious programs or code.
6.9 You shall not use Plancake APIs in any manner or for any purpose that violates any law or regulation, any right of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality.
6.10 You shall not use Plancake APIs in a manner that adversely impacts the stability of Plancake servers or adversely impacts the behavior of other applications using the Plancake APIs.
6.11 You shall not use Plancake APIs in a manner that may result in a negative impact on the success and growth of the application hosted on the www.plancake.com website (i.e.: migration tools).
6.12 We retain the right to the Services, including the API. In no way will you pass off, market or otherwise make representations that the Plancake brand, Services or Website is owned or otherwise connected with You. You must make it clear that You are allowing access to the Plancake API via an independent 3rd party piece of software and must prominently display the following text: “This product uses the Plancake API but is not endorsed, certified or otherwise approved in any way by Plancake”. You shall not have any rights to use Plancake trademarks or logos, save for a limited right to display the “Powered by Plancake” button on main screen of the software or website that uses the Plancake API, as can be seen on the Plancake website and Services. This button must be in the form of a URL that links directly back to http://www.plancake.com.
6.13 The Plancake APIs may be protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of England and other countries. Danyuki Software Limited's rights apply to the Plancake APIs and all output and executables of the Plancake APIs, excluding any software components developed by you which do not themselves incorporate the Plancake APIs or any output or executables of the Plancake APIs. You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in these terms. Danyuki Software Limited owns all rights, title, and interest in and to the Plancake APIs. These terms grant you no right, title, or interest in any intellectual property owned or licensed by Danyuki Software Limited, including (but not limited to) the Plancake APIs and Plancake trademarks.
6.14 When creating a feature or product utilizing the Plancake APIs, the name of the feature or product cannot use Plancake or other Plancake Brand Features in the name of the software or feature. If for marketing or other strategic reasons it would be valuable to have Plancake referenced, it may be permissible to use the phrase (e.g., 'Cindy Plugin for Plancake,' but never 'Plancake Cindy Plugin'), however this should be the exception and not the rule. In addition, the name must include a proper noun (e.g., 'Cindy App for Plancake,' but never 'App for Plancake'). You may not state or otherwise imply any affiliation with Plancake.
6.15 You may not use the Plancake logo, in whole or in part, without specific written permission from Danyuki Software Limited. Any use of the Plancake logo in your application shall be less prominent than the logo or mark that primarily describes the application and your use of the Plancake logo shall not imply any endorsement by Plancake.
6.16 We reserve the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.
6.17 We reserve the right at any time to modify or discontinue, temporarily or permanently the API (or any part thereof) with or without notice.
6.18 Abuse or excessively frequent requests to the Services via the API may result in the temporary or permanent suspension of your account’s access to the API. We, in our sole discretion, will determine abuse or excessive usage of the API.
6.19 Where you are providing access to the Services to users free of charge, Plancake reserves the right to limit your access to the API or the number of calls your software can otherwise make to it.
6.20 Where you are providing commercial access to the Services or otherwise charging users to access Plancake, We reserve the right to collect a proportion of the revenues generated by You through access to the API.
6.21 We reserve the right to make information about any software or website that uses the API available to our users on our Website and any other marketing collateral.
7.2 In the event that You notify Us in accordance with clause 6.1 above, You shall co-operate fully with Us by providing Us with all information that is reasonably requested by Us from You.
9.1 We warrant that We shall use reasonable endeavours to ensure that the Services We provide accord with the description of such Services set out on the Website.
9.2 Subject to clause 9.1, the Services, Data and the Website are provided to You “as is” and “as available” and could contain defects, faults, mistakes and other deficiencies. We do not guarantee or warrant that the Service and/or the Website will be uninterrupted, error-free or will operate at any particular speed or frequency. We strongly recommend You to do regular backups on Your data.
9.4 We neither endorse nor are We responsible for the accuracy, reliability or veracity of any opinion, advice, or statement provided by another user and We are further not responsible and nor shall You deem Us to be responsible for any defamatory, obscene, abusive, racist, sexist, or other derogatory Content even where such Content is in breach of any rule imposed by Us. We shall not be liable for any loss suffered by You in reliance on any statement, opinion or advice received from the Service and it is entirely incumbent on You to verify the accuracy of such opinion, advice or statement offered or other Content through the Service prior to Your reliance upon it. Wherever possible You ought to obtain the advice of a recognised professional in the relevant field in which the opinion, advice or statement is offered.
9.5 The information contained in this website is for general information purposes only. While we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
9.6 Any links to third party Websites located on this Website are provided for your convenience only. We have not reviewed each third party Website and have no responsibility for such third party Websites or their content. We do not endorse the third party Websites or make representations about them or any material contained in them. If you choose to access a third party Website linked to from this Website, it is at your own risk.
12.1 Subscription charges commence on the date that the User activates their subscription, except for any trial period.
12.2 The first payment will be at the price advertised on the Website. Plancake reserves the right to change Subscription Fees from time to time and any such changes may affect Users' subscription rates.
12.3 Increases in price will be reflected in the User's subscription on the date of the immediately subsequent renewal.
12.4 Decreases in price will be reflected the User's subscription on the date of the immediately subsequent renewal.
12.5 If a User terminates their subscription they will continue to have access to the Services for the remainder of the prevailing Subscription Period up until the renewal date whereupon access will cease, unless the User chooses to pay the Subscription Fee to reactivate their subscription.
12.6 If a User terminates their Account all their data will be deleted and the User will no longer be able to access any of the Services. No refund of the Subscription Fee will be given for unused portions of the Subscription Period.
12.7 If a User subscribes in error they must inform Plancake within 24 hours of subscribing and must not use the Services during that time. If any use can be traced to the User's Account, no refund will be provided.
12.7 All Data of the User will be permanently deleted (without notice) if that User fails to pay the subscription fee by the due date.
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. You can find the most recent version of these terms and conditions on the Site, with the date of last modification noted above. Such modifications shall become effective immediately upon the posting thereof. Therefore, we encourage you to check the date of our terms and conditions whenever you visit this Site to check if they have been updated. You must review this agreement on a regular basis to keep yourself apprised of any changes. If you do not agree to the revised terms and conditions, your sole recourse is to immediately stop all use of the Services.
15.1 A user can cancel their account at any time, via the "Delete my account" link in their Settings page. Deleting an account will not trigger any refund automatically.
16.2 Any costs arising from such delay shall be borne by the party incurring the same.
21.1 By submitting ideas, suggestions, documents, blog articles, translations, amends and/or proposals ("Contributions") to Plancake through its forum, suggestion or feedback forms, article submission form, the Plancake Translation Program, emails, file repositories or any other mean you acknowledge and agree that:
22.1 Subject to the exceptions in Clause 23 of these terms and conditions, all Content included on the Website, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Plancake, our affiliates or other relevant third parties. By accepting these terms and conditions the User acknowledges that such material is protected by applicable United Kingdom and International intellectual property and other laws.
22.2 Subject to Clause 25 Users may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by Plancake.
Where expressly indicated, certain Content, such as advertising material, and the Intellectual Property Rights subsisting therein belongs to other parties. This Content, unless expressly stated to be so, is not covered by any permission granted by Clause 22 of these Terms and Conditions to use Content from the Website. The exceptions in Clause 25 continue to apply. Any such Content will be accompanied by a notice providing the contact details of the owner and any separate use policy that may be relevant.
24.1 When using the Services to create Content, Users should do so in accordance with the following rules:
24.2 Plancake has the right, but not the obligation to pre or post-screen Content submitted or created by Users and may flag or filter any Content that it deems appropriate.
24.3 If any Content is found to be in breach of these terms and conditions, Plancake reserves the right to remove it without notice and may, at its sole discretion, terminate the responsible User's access to the Services.
24.4 Users acknowledge that they may be exposed to Content that they may find offensive. If a User believes that such Content is in violation of these terms and conditions, it should be reported to Plancake by submitting an enquiry thought the "Contact us" form.
24.5 Users are solely responsible for any and all Content that they submit or create. Plancake does not endorse, support, represent or otherwise guarantee the accuracy or reliability of such Content.
24.6 Subject to sub-Clause 24.4, Users use the Services at their own risk.
24.7 By submitting or creating Content Users warrant and represent that they are the author of such Content and / or that they have acquired all of the appropriate rights and / or permissions to use the Content in this fashion. Plancake accepts no responsibility or liability for any infringement of third party rights by such Content. Plancake accepts no responsibility or liability for any infringement of third party rights by such Content.
24.8 By accepting these terms and conditions, the User grants a non-exclusive, worldwide, licence to Plancake to copy, distribute, transmit, display, and reformat all Content for the purpose of providing the Services.
24.9 The User represents and warrants that they have all necessary rights, power and authority to grant the licence described in sub-Clause 24.8.
Content may be copied, transmitted, adapted or otherwise re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 or other relevant legislation apply.