This PlanWise Family, L.L.C. User Agreement (“Agreement”) is entered into as of the date of purchase (“Effective Date”) by and between PlanWise Family, L.L.C. (“Company”) and the purchaser (“Customer”).

1. License Grant and Restrictions

1.1 License Grant. Subject to the terms and conditions of this Agreement, Company hereby grants to Customer a non-exclusive, non-transferable, and limited license to access and use the Company’s software services (“Software”) for the duration of the subscription term.

1.2 Restrictions. Customer shall not: (a) sublicense, sell, rent, lease, transfer, assign, distribute, or otherwise exploit the Software commercially; (b) modify, adapt, or hack the Software or attempt to gain unauthorized access to the Software or its related systems or networks; (c) use the Software in any unlawful manner, including but not limited to violation of any person’s privacy rights.

2. Subscription Term and Renewal

2.1 Term. The initial subscription term shall be for a period of one (1) year from the Effective Date (“Subscription Term”).

2.2 Renewal. The Subscription Term may be renewed upon mutual agreement by both parties and payment of the applicable fees for the renewal term.

3. Fees and Payment

3.1 Fees. Customer shall pay the fees specified at the time of purchase for the Subscription Term (“Subscription Fees”).

3.2 Payment. All fees are due and payable in full upon the Effective Date. 

3.3 No Refunds. All payments are non-refundable. Customer will have access to the Software for the remainder of the Subscription Term, even if they choose to discontinue use of the Software.

4. Customer Responsibilities

4.1 Account Information. Customer must provide accurate, current, and complete information during the registration process and keep such information up to date.

4.2 Compliance. Customer is responsible for its users’ compliance with this Agreement and for any activity that occurs under Customer’s account.

5. Intellectual Property Rights

5.1 Ownership. Company retains all rights, title, and interest in and to the Software, including all related intellectual property rights.

5.2 Feedback. Any feedback, comments, or suggestions Customer may provide regarding the Software is entirely voluntary, and Company will be free to use, disclose, reproduce, license, or otherwise distribute and exploit such feedback as it sees fit, without obligation or restriction of any kind.

6. Disclaimer of Warranties

6.1 Warranties. The Software is provided “as is” and “as available” without any warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

7. Limitation of Liability

7.1 Limitation. In no event shall Company be liable to Customer 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) Customer’s use or inability to use the Software; (b) any unauthorized access to or use of Company’s servers and/or any personal information stored therein; (c) any interruption or cessation of transmission to or from the Software; or (d) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Software by any third party, regardless of whether a remedy set forth herein fails of its essential purpose.

8. Termination

8.1 Termination for Cause. Either party may terminate this Agreement if the other party materially breaches this Agreement and fails to cure such breach within thirty (30) days after receiving written notice of the breach.

8.2 Effect of Termination. Upon termination of this Agreement for any reason, Customer’s right to access and use the Software will immediately cease.

9. General

9.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state in which PlanWise Family, L.L.C. is registered, without regard to its conflict of law principles.

9.2 Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous agreements, understandings, and communications, whether written or oral, relating to the subject matter hereof.

9.3 Amendments. No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and signed by both parties.

9.4 Severability. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force and effect.

IN WITNESS WHEREOF AND BY CLICKING “AGREE TO THIS USER AGREEMENT”, the parties hereto have executed this Software as a Service (SaaS) Licensing Agreement as of the Effective Date.