Terms of Service

1. Introduction and Acceptance

Welcome to Plana, an AI-powered workflow platform for architectural and interior design provided by Planby Technologies Inc. (“Company,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of our web-based software-as-a-service platform, including all related features, tools, and services (collectively, the “Service”).

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. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Definitions

“User” or “you” means any individual or entity that accesses or uses the Service.

“Content” means any data, text, images, designs, files, or other materials uploaded, generated, or transmitted through the Service.

“Generated Content” means any images, designs, or other outputs created by the Service's AI features based on User inputs.

“Subscription” means the paid plan selected by the User to access premium features of the Service.

“Third-Party Services” means external services integrated with Plana, including but not limited to OpenAI, Google Gemini, Stripe, Google Cloud, and Microsoft Clarity.

3. Eligibility

To use the Service, you must be at least 18 years of age or the age of legal majority in your jurisdiction, whichever is greater. By using the Service, you represent and warrant that you meet these eligibility requirements. If you are using the Service on behalf of a business entity, you further represent that you have the legal authority to bind that entity to these Terms.

4. Account Registration and Security

To access certain features of the Service, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information as necessary. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account or any other breach of security.

5. Service Description

Plana is an AI-powered platform designed to assist architects and interior designers in their workflow processes. The Service includes AI image generation, design tools, collaboration features, and workflow automation capabilities. We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice.

6. Subscription and Payment Terms

6.1 Subscription Plans

The Service offers both free and paid subscription plans. Paid subscriptions provide access to additional features and increased usage limits. The specific features and pricing of each plan are described on our website and may be updated from time to time.

6.2 Payment Processing

All payments are processed through Stripe, our third-party payment processor. By providing payment information, you authorize us to charge your designated payment method for all fees associated with your subscription. You agree to Stripe's terms of service in connection with payment processing.

6.3 Billing Cycle and Renewal

Subscriptions are billed on a recurring basis according to the billing cycle you select (monthly or annually). Your subscription will automatically renew at the end of each billing cycle unless you cancel before the renewal date. You may cancel your subscription at any time through your account settings.

6.4 Refund Policy

Unless otherwise required by applicable law, subscription fees are non-refundable. If you cancel your subscription, you will continue to have access to paid features until the end of your current billing period.

7. User Content and Intellectual Property

7.1 User-Uploaded Content

You retain ownership of any Content you upload to the Service. By uploading Content, you grant us a limited, non-exclusive, worldwide, royalty-free license to use, store, and process your Content solely for the purpose of providing and improving the Service.

7.2 AI-Generated Content

Generated Content created through the Service's AI features is provided for your use. You may use Generated Content for commercial purposes, subject to the following conditions: (a) Generated Content is provided “as is” without any ownership claims by either party; (b) the intellectual property rights in Generated Content are subject to the terms and policies of the underlying AI service providers (including OpenAI and Google Gemini); (c) you are solely responsible for ensuring that your use of Generated Content complies with applicable laws and does not infringe third-party rights.

7.3 No Warranty for Generated Content

We make no representations or warranties regarding the originality, accuracy, or legal status of Generated Content. You acknowledge that AI-generated images may inadvertently resemble existing copyrighted works or trademarks, and you assume all risks associated with the use of Generated Content.

8. Prohibited Uses

You agree not to use the Service to:

(a) Violate any applicable laws, regulations, or third-party rights;

(b) Upload or generate Content that is illegal, harmful, threatening, abusive, defamatory, obscene, or otherwise objectionable;

(c) Infringe upon intellectual property rights, including copyrights, trademarks, or patents;

(d) Attempt to gain unauthorized access to the Service or its related systems;

(e) Use automated means (bots, scrapers, etc.) to access the Service without our prior written consent;

(f) Reverse engineer, decompile, or disassemble any aspect of the Service;

(g) Resell, redistribute, or sublicense the Service without authorization;

(h) Generate content depicting real individuals without their consent or content that could be used for harassment, fraud, or deception.

9. Third-Party Services and Integrations

The Service integrates with various Third-Party Services to provide its functionality. Your use of these integrations is subject to the respective terms and policies of each third-party provider. We are not responsible for the practices, content, or availability of Third-Party Services. The use of AI-generated content is further subject to the terms of service of the underlying AI providers, including but not limited to OpenAI's Usage Policies and Google's Generative AI Terms of Service.

10. Disclaimers and Limitation of Liability

10.1 Service Provided “As Is”

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

10.2 AI Output Disclaimer

AI-generated outputs may contain errors, inaccuracies, or content that does not meet your expectations. We disclaim all liability for any damages arising from your reliance on or use of Generated Content. You are solely responsible for reviewing and validating all Generated Content before use.

10.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (C) ANY CONTENT OBTAINED FROM THE SERVICE; OR (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

10.4 Liability Cap

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

11. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party rights, including intellectual property rights; (d) your Content or your use of Generated Content.

12. Termination

We may terminate or suspend your 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 immediately cease. You may terminate your account at any time by contacting us or through your account settings. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions. For users located in the European Union, these Terms shall not deprive you of any mandatory consumer protections under the law of your country of residence.

13.2 Dispute Resolution

Any disputes arising out of or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiations. If negotiations fail, disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in San Jose, California. Notwithstanding the foregoing, either party may seek injunctive relief in any court of competent jurisdiction.

14. International Users

The Service is operated from the United States. If you access the Service from outside the United States, you do so at your own risk and are responsible for compliance with local laws. We make no representation that the Service is appropriate or available for use in any particular location.

15. Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by email or by posting a notice on the Service prior to the effective date of the changes. Your continued use of the Service after the effective date constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Service.

16. Miscellaneous

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and the Company regarding the Service and supersede all prior agreements and understandings.

16.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

16.3 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and the Company's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

16.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

17. Contact Information

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

Planby Technologies Inc.
Email: contact@planby.us
U.S. Address: 3003 North 1st Street #221, San Jose, CA 95134, USA
Korea Address: 2F, 18 Yeoksam-ro 12-gil, Gangnam-gu, Seoul, Republic of Korea