Effective Date: June 9, 2025
These Terms of Use (“Terms”) govern your access to and use of the PlanUpp web-based software and related services (collectively, the “Service”). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.
“PlanUpp,” “we,” “us,” or “our” refers to the PlanUpp product and the PlanUpp team providing the Service. PlanUpp is currently operated by an unincorporated team (no registered company).
“You” or “your” refers to you, whether as an individual or on behalf of a company or other legal entity, that uses the Service.
“Account” means your unique identifier on the Service, associated with your email and password or OAuth credentials.
“User Data” means all data you submit to the Service, including but not limited to: names and emails of employees, GitHub credentials for integrations, organizational structure, project descriptions, business plans, tasks, priorities, and any other information you or your users provide.
“Unauthorized Data Extraction” means any access to, copying, or use of User Data by third parties not expressly authorized by you.
“Service Materials” means the Service and all content and materials we provide or make available, including the user interface, designs, page layouts, workflows, selection, coordination and arrangement of features, text, images, illustrations, icons, logos, documentation, sample code, algorithms, data models, database schemas, and trade dress.
Eligibility. You must be at least 18 years old and capable of forming a binding contract to use the Service.
Registration. To access certain features, you must register for an Account by providing a valid email address and creating a password or by linking an OAuth provider (e.g., GitHub). You are responsible for maintaining the confidentiality of your credentials and for all activity under your Account.
Account Accuracy. You agree to provide accurate, current, and complete information during registration and to update your information to keep it accurate.
Permitted Use. You may use the Service solely for your internal business purposes in accordance with these Terms.
Prohibited Conduct. You shall not:
Free-to-Use Nature. The Service is provided free of charge. We may introduce paid features in the future, at which time you may choose whether to upgrade under separate terms. Because the Service is free, we may add, modify, suspend, or discontinue any part of the Service at any time without liability.
Beta/Experimental Features. Certain features may be offered on a beta or experimental basis. Such features may change, break, or be removed at any time.
Ownership. You retain ownership of all User Data. We claim no intellectual property rights in your User Data.
Data Storage and Security Efforts. We will implement reasonable and appropriate administrative, physical, and technical safeguards designed to protect User Data against unauthorized access, disclosure, alteration, and unauthorized data extraction. We will use our best efforts in good faith to safeguard User Data, but no method of storage or transmission is perfectly secure.
No Guarantee; No Backup Service. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND WE DO NOT GUARANTEE THAT USER DATA WILL BE PROTECTED FROM UNAUTHORIZED DATA EXTRACTION, LOSS, CORRUPTION, OR OTHER SECURITY EVENTS. THE SERVICE IS NOT A DATA BACKUP OR ARCHIVING SERVICE; YOU ARE RESPONSIBLE FOR MAINTAINING INDEPENDENT BACKUPS OF YOUR USER DATA.
Your Responsibilities. You are responsible for (i) obtaining any necessary consents from individuals whose personal data you upload; (ii) not uploading special categories of personal data or highly sensitive information unless strictly necessary and permitted by law; and (iii) complying with all applicable laws when using the Service.
If you are located in the EU/EEA/UK, or otherwise subject to the EU/UK GDPR, the following applies:
Controller. For personal data processed via the Service, the PlanUpp team acts as the data controller. You can contact us at [email protected] for privacy matters and at [email protected] for general queries.
Purposes & Legal Bases. We process personal data to provide and secure the Service, operate integrations you choose to enable, communicate with you, and improve the Service. Our legal bases include performance of a contract (Art. 6(1)(b)), legitimate interests (Art. 6(1)(f))—such as securing and improving the Service—and your consent where required (Art. 6(1)(a)).
Your Rights. Subject to applicable law, you have rights to request access, rectification, erasure, restriction, portability, and to object to processing. You also have the right to lodge a complaint with your local supervisory authority. To exercise your rights, contact [email protected].
Retention. We retain personal data only as long as necessary for the purposes described or as required by law, and then delete or anonymize it.
Sub-processors & Transfers. Where we use service providers to host or process data, we engage them under appropriate data protection terms. If personal data is transferred outside your jurisdiction, we rely on appropriate safeguards (e.g., Standard Contractual Clauses) where required by law.
Security Incidents. We will notify you of personal data breaches without undue delay when required by applicable law and will cooperate with you as reasonably necessary.
OAuth and API Tokens. If you connect third-party accounts (e.g., GitHub), you authorize us to access and store the necessary credentials or tokens to enable integrations.
Responsibility. You are solely responsible for the security of any credentials or tokens you provide. We will not be liable for unauthorized use or disclosure of such credentials.
Our Rights. The Service and all associated intellectual property rights in the Service Materials are and will remain the exclusive property of the PlanUpp team. We reserve all rights not expressly granted in these Terms.
License to Use. Subject to your compliance with these Terms, we grant you a revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service solely for your internal business purposes. Except for this limited license, no rights to the Service Materials are granted, and all copying, distribution, public display, or creation of derivative works from the Service Materials is prohibited.
Feedback. If you provide ideas, suggestions, or feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use and exploit such feedback for any purpose without restriction or attribution.
Third-Party/Open-Source Components. Some components may be provided under their own licenses. Those licenses govern your use of those components.
Trade Dress & UI/UX. You shall not copy, reproduce, distribute, publicly display, or create derivative works from any part of the Service’s user interface, visual design, page layouts, color schemes, icons, illustrations, screenshots, wireframes, or other elements constituting the Service’s “look and feel,” trade dress, or selection, coordination, and arrangement of features.
Functional Flows & Feature Combinations. You shall not replicate distinctive workflows, interaction patterns, or the unique combination, selection, and arrangement of features of the Service for the purpose of developing, marketing, or distributing a competing product or service.
Code, Documentation, & Resources. Except where expressly permitted in writing, you shall not copy, reuse, or redistribute our code samples, libraries, documentation, images, icons, or other resources provided via the Service or our websites.
Automated Access; Benchmarking; Model Training. You shall not scrape, crawl, harvest, or otherwise programmatically access the Service or Service Materials (including to compile datasets, benchmark features, or train machine learning models) without our prior written consent.
Branding & Attribution. You may not use our names, logos, or marks without our prior written consent.
Equitable Relief. You acknowledge that any breach of this Section 6A may cause irreparable harm for which monetary damages are inadequate and that we may seek injunctive or equitable relief without the need to post a bond, in addition to other available remedies, to the extent permitted by law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PLANUPP AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. PLANUPP DOES NOT WARRANT THAT: (A) THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE; (B) USER DATA WILL NOT BE LOST, CORRUPTED, OR SUBJECT TO UNAUTHORIZED DATA EXTRACTION; OR (C) ANY CONTENT OR RESULTS OBTAINED FROM THE SERVICE WILL BE ACCURATE, RELIABLE, OR TIMELY.
Exclusion of Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PLANUPP, ITS AFFILIATES, LICENSORS, AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Cap on Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PLANUPP’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS IS LIMITED TO USD $10. THIS CAP DOES NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED BY LAW.
Data Incidents Cap. WITHOUT LIMITING THE FOREGOING, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, PLANUPP’S TOTAL AGGREGATE LIABILITY FOR ANY SECURITY OR DATA INCIDENTS (INCLUDING PERSONAL DATA BREACHES) ARISING OUT OF OR RELATING TO THE SERVICE IS LIMITED TO USD $10. RIGHTS UNDER APPLICABLE DATA PROTECTION LAWS (INCLUDING THE GDPR) THAT CANNOT BE CONTRACTUALLY LIMITED REMAIN UNAFFECTED.
Consumer Law. Nothing in these Terms excludes or limits liability to the extent such exclusion or limitation is prohibited by applicable law (including mandatory consumer protection law). Rights under applicable data protection laws (including the GDPR) remain unaffected.
You agree to defend, indemnify, and hold harmless PlanUpp and its officers, directors, employees, and agents from and against all third-party claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with: (a) your breach of these Terms; (b) your User Data; or (c) your use of the Service.
By You. You may stop using the Service at any time.
By Us. We may suspend or terminate your Account and access to the Service at our sole discretion, without notice or liability, if you breach these Terms or for any other reason.
Effect of Termination. Upon termination, your license to use the Service ends. We may delete your User Data in accordance with our data retention practices.
We reserve the right to modify these Terms at any time, in our sole discretion, without prior notice. The updated Terms will be effective as of the “Effective Date” above or as otherwise indicated. Your continued use of the Service after any changes constitutes acceptance of the new Terms.
Governing Law. These Terms shall be governed by and construed in accordance with the laws of the jurisdiction where the PlanUpp team maintains its principal place of operations, without regard to conflict-of-law principles. If you are a consumer resident in the EU/EEA/UK, mandatory consumer protection laws of your country of residence apply in addition to these Terms.
Dispute Resolution. Except where prohibited by law (including for consumers in the EU/EEA/UK), any dispute arising under or relating to these Terms or the Service shall be resolved exclusively by binding arbitration in accordance with the rules of an established arbitration provider chosen by PlanUpp. The arbitration will take place virtually (e.g., via video conference) unless otherwise agreed. Where arbitration is not permitted, disputes may be brought in the competent courts of your place of residence or our principal place of operations, as required by law.
Severability. If any provision of these Terms is held invalid or unenforceable, the remainder shall continue in full force and effect.
Waiver. No waiver of any provision shall be deemed a further or continuing waiver of such provision or any other.
Entire Agreement. These Terms constitute the entire agreement between you and PlanUpp regarding the Service and supersede all prior agreements.
Assignment. We may assign or transfer these Terms (including our rights and obligations) and any related rights in the Service or Service Materials, in whole or in part, to an affiliate or in connection with a reorganization, incorporation, merger, asset transfer, or similar corporate transaction, without your consent. We will notify you of any material assignment. You may not assign these Terms without our prior written consent, and any unauthorized assignment is void.
Contact. For privacy/GDPR matters, email [email protected]. For general inquiries, email [email protected].