Service Terms of Use


Thank you for your interest in Izzyplan (izzyplan.com), along with our websites, networks, apps, mobile apps and other services provided by us, including Izzyplan Free, Izzyplan Premium (each as defined below, and collectively, the "Service" ). These Terms of Service are a legally binding contract between you and Izzyplan regarding your use of the Service.

PLEASE READ THE FOLLOWING TERMS CAREFULLY.

BY CLICKING "I ACCEPT", OR DOWNLOADING, INSTALLING OR ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTAND, AND, AS A CONDITION OF YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE POLICY OF IZZYPLAN PRIVACY (TOGETHER THESE "TERMS"). If you are not eligible or do not agree with the Terms then you do not have our permission to use the Service. THE USE OF THE SERVICE, AND THE PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY IZZYPLAN AND BY YOU TO BE BOUND BY THESE TERMS.

Notice of Arbitration. With the exception of certain types of disputes described in Section 18, you agree that disputes arising out of these Terms will be resolved by binding, individual arbitration, and by accepting these terms, you and Izzyplan are each waiving the right to a jury trial or to participate in any collective action or representative process. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO JUSTICE to assert or defend your rights under this contract (except for matters that may be brought to small claims courts). Your rights will be determined by a NEUTRAL REFEREE and NOT a judge or jury. (See Section 18.)

1. Overview of the Izzyplan service

Izzyplan provides users with task management software services, "Izzyplan", "Izzyplan Free" and "Izzyplan Premium", which allow users to organize tasks, projects and goals in one place.

2. Eligibility

You must be at least 13 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 13 years old; b Have not been previously suspended or removed from the Service; and (c) your registration and use of the Service complies with any and all applicable laws and regulations. If you are an entity, organization or company, the individual who accepts these Terms on your behalf represents and warrants that they have the authority to bind you to these Terms and you agree to be bound by these Terms.

3. Accounts and Registration

To access the Service, you must register for an account. When you register for an account, you may be required to provide us with certain information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate and that you will keep it up to date at all times. When registering, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must notify us immediately by (a) sending us an email at [email protected] .

inactive accounts

Izzyplan may suspend or remove inactive accounts (not in use or access) for more than 180 days, so that you and the account owner are notified 30 days in advance. After this period, if there is no manifestation or new interaction on the account, all account information, including data hosted on third-party services, will be permanently removed.


4. General payment terms

Certain features of the Service may require you to pay fees. Before paying any fees, you will have the opportunity to review and accept the fees you will be charged. All fees are in the currencies provided on the Izzyplan.com website and, except as expressly provided for in applicable law, are non-refundable.

Price

Izzyplan reserves the right to determine prices for the Service and will make reasonable efforts to keep the pricing information published on the website up to date. We encourage you to periodically check our website for current pricing information. Izzyplan may change the price of any feature of the Service; if this happens, Izzyplan will provide advance notice of the changes before signing up. Izzyplan, at its sole discretion, may make promotional offers with different features and different prices to any of Izzyplan's customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.

Authorization

You authorize Izzyplan and its third party payment processors to charge all amounts for orders you place and any level of Service you select as described in these Terms or published by Izzyplan, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, Izzyplan or its third-party payment processors may seek pre-authorization from your credit card account prior to your purchase to verify that your credit card is valid and has the funds. or credit required to cover your purchase.

Subscription Service

The Service may automatically include recurring payments for recurring charges ("Subscription Service"). If you activate a Subscription Service, you authorize Izzyplan or its third-party payment processors to charge periodically, on an ongoing basis, and until you cancel your recurring payments or your account, all amounts accrued or before the due date of the payment of the accumulated amounts. The "Subscription Billing Date" is the date you purchase your first subscription to the Service. For information on the "Entry Fee", see our pricing page ( https://izzyplan.com/pricing ). Your account will automatically be billed on the Subscription Billing Date for all applicable fees and taxes for the next subscription period (for example, monthly billing periods will be billed on the same day of each month). Subscription will continue unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it is renewed in order to avoid billing the next recurring Subscription Fee to your account. Izzyplan or your third-party payment processor will charge you the periodic subscription fee for the payment method you provide to us during registration (or for a different payment method if you change your payment information). You may cancel the Subscription Service by following the instructions provided at the following links to www. izzyplan.com or by contacting us at [email protected] .

Delinquent Accounts.

Izzyplan may suspend or terminate access to the Service, including fee-based portions of the Service, for any account to which any amount is due but not paid. In addition to the amount due for the Service, a delinquent account will be billed with fees or charges that are incidental to any chargeback or collection of any unpaid amount, including collection fees.

5. Izzyplan service products

General

Users can sign up for an account for the various Izzyplan Service products described below through the Izzyplan website or mobile app, as applicable. These Terms apply to all products that are part of the Service.

Izzyplan Free and Premium.

You can choose to sign up for the free version of Izzyplan or the paid subscription version of Izzyplan ("Izzyplan Premium"), which automatically renews at the end of your billing period consistent with the terms in Section 4.3. Izzyplan does not represent or guarantee when, if ever, the features of Izzyplan Premium will be available in the free version of Izzyplan. You can upgrade from the free version of Izzyplan to Izzyplan Premium at any time by following instructions on our pricing page (https://izzyplan.com/pricing).

If Izzyplan offers you a free trial of Izzyplan Premium ("Trial Period"), you will have access to Izzyplan Premium features during the Trial Period. If you do not choose to upgrade to Izzyplan Premium before the end of the Trial Period, the features available to you will be limited to the free version of Izzyplan. You will be charged the amount shown on the Pricing Page before you can access Izzyplan Premium. All prices shown on the Pricing Page are inclusive of any applicable taxes, fees or value added taxes or duties imposed by the taxing authorities, and you are responsible for forwarding/shipping all such taxes, fees or duties (except for customers EU, where pricing includes mandatory EU VAT rates

6. Licenses

Limited License

Subject to your complete and continued compliance with these Terms, Izzyplan grants you, solely for your personal use or for your employer's internal business operations, as applicable, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service to which you have subscribed, including the right to install and use a reasonable number of object code copies of any mobile app associated with the Service obtained from a legitimate marketplace on a mobile device that you have subscribed to, including the right to install and use a reasonable number of object code copies of any mobile application associated with the Service obtained from a legitimate marketplace on a mobile device which, as applicable, you either own or control, or your employer owns or controls.

License Restrictions

Except and solely to the extent such restriction is inadmissible under applicable law, you may not: (a) reproduce, distribute, publicly display or publicly perform the Service; (b) Make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanisms. If you are prohibited by applicable law from using the Service, you may not be able to use it.

feedback

If you choose to provide information and suggestions about problems or proposed modifications or improvements to the Service ("Feedback"), then you grant Izzyplan an unrestricted, perpetual, irrevocable, non-exclusive, fully paid, royalty-free right to explore the Feedback in any way and for any purpose, including improving the Service and creating other products and services.

Customizations

Through internal feedback mechanisms for customization requests or reporting of errors in the system, you must make your request, but this action does not guarantee that Izzyplan will carry out the requested customization or that it will meet the estimated deadlines. All requests will enter a queue that will be evaluated and prioritized, so that they are met according to Izzyplan's internal guidelines. When your request is fulfilled, you will receive an electronic notice through the means chosen in your user profile.

7. Ownership; Proprietary Rights

The Service is owned and operated by Izzyplan. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, promotional content (including Izzyplan blog content) and all other elements of the Service ("Materials") provided by Izzyplan are protected by intellectual property and other laws. All materials included in the Service are the property of Izzyplan or its third party licensors. Except as expressly authorized by Izzyplan, you may not make use of the Materials. Izzyplan reserves all rights in the Materials not expressly granted in these Terms.

8. Third Party Terms

Third Party Services and Linked Sites.

Izzyplan may provide tools through the Service that allow you to export information, including user content, to third-party services, including through features that allow you to link your Izzyplan account with an account on the third-party service. By using one of these tools, you agree that Izzyplan may transfer this information to the applicable third-party service. Third party services are not under the control of Izzyplan and, to the extent permitted by law, Izzyplan is not responsible for the use of any third party services on your exported information. The Service may also contain links to third-party websites. Linked sites are not under the control of Izzyplan, and Izzyplan is not responsible for their content.

Third Party Software.

The Service may include or incorporate third party software components that are generally available free of charge under licenses that grant recipients broad rights to copy, modify and distribute those components ("Third Party Components"). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts or is intended to prevent or restrict you from obtaining Third Party Components under applicable third party licenses or limit your use of Third Party Components under such licenses from third parties.

9. User Content

General User Content.

Certain features of the Service may allow users to upload content to the Service and upload content through the Service, including messages, reviews, photos, audio, video, images, folders, data, text, graphics and other types of information, materials and works ("User Content") and post user content on the Service. You retain any copyright and other proprietary rights you may retain in User Content that you post on the Service.

Limited license grant for Izzyplan.

By providing User Content to or through the Service, you grant Izzyplan a worldwide, non-exclusive, irrevocable, royalty-free, fully paid (sub-licensed) right and license to host, store, transfer, display, perform, reproduce , modify for the purpose of formatting for display and distributing your User Content, in whole or in part, in any media formats and through any media channels now known or later developed.

Grant of Limited License to Other Users. By providing User Content to or through the Service to other users of the Service, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Service.

User Content Representations and Warranties. Izzyplan disclaims any and all liability related to User Content. You are solely responsible for your User Content and the consequences of providing User Content through the Service. By providing User Content through the Service, you represent, represent and warrant that:

  1. you are the creator and owner of the User Content, or have the necessary licenses, rights, consents and permissions to authorize Izzyplan and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section , as contemplated by Izzyplan, the Service and these Terms;
  2. your User Content, and the use of your User Content as provided in these Terms, will not: (i) infringe, violate or misappropriate any third party rights, including any copyrights, trademarks, patents, commercial rights, moral, privacy rights, publicity rights or any other intellectual property or proprietary rights; (ii) libel, defamation, defamation or invasion of any other person's right to privacy, publicity or other proprietary rights; or (iii) cause Izzyplan to violate any law or regulation; and
  3. your User Content could not be considered by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful or inappropriate.

User Content Disclaimer.

We have no obligation to edit or control User Content that you or other users post or post, and we will in no way be responsible or liable for User Content. Izzyplan may, however, at any time and without notice, remove, edit or block any User Content which, in our sole judgment, violates these Terms or is otherwise objectionable. You understand that by using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent or objectionable. You agree to waive, and waive, any legal or equitable right or remedy you have or may have against Izzyplan with respect to User Content. If notified by a user or content owner that User Content is allegedly not in accordance with these Terms, we may investigate the claim and determine in our sole discretion whether to remove User Content, which we reserve the right to do to any time and without notice. To clarify, Izzyplan does not allow copyright infringing activities on the Service.

Monitoring content. Izzyplan does not control and has no obligation to monitor: (a) User Content; (b) Any content made available by third parties; or (c) the use of the Service by its users. You acknowledge and agree that Izzyplan reserves the right, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time Izzyplan chooses to monitor the content, Izzyplan still assumes no responsibility or liability for the content or any loss or damage incurred as a result of using the content. During monitoring, information may be examined, recorded, copied and used in accordance with our Privacy Policy.

10. Communications

Push notifications.

When you install our app on your mobile device, you agree to receive push notifications, which are messages that an app sends on your mobile device when the app is not turned on. You can disable notifications by visiting your mobile device's "settings" page.

Email

We may send emails about our products and services, as well as from third parties. You can choose not to send promotional emails by following the unsubscribe instructions in the promotional email itself.

11. Prohibited Conduct

BY USING THE SERVICE, YOU AGREE NOT TO:

  1. use the Service for any illegal purpose or violate any local, state, national or international law;
  2. harass, threaten, humiliate, shame or harm any other user of the Service;
  3. violate or encourage others to violate any third party right, including infringing or misappropriating any third party intellectual property right;
  4. interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit the use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any part of the Service, except to the extent that the activity is expressly permitted by applicable law;
  5. interfere with the functioning of the Service or any User's enjoyment of the Service, including by: (i) uploading or disclosing any virus, adware, spyware, worm or other malicious code; (ii) make any unsolicited offers or advertisements to another user of the Service; (iii) collect personal information about another user or third party without consent; or (iv) interfere with or disrupt any network, equipment or server connected or used to provide the Service;
  6. perform any fraudulent activity, including impersonating any person or entity, claiming a false affiliation, or accessing any other Service account without permission;
  7. sell or otherwise transfer the access granted under or any Materials (as defined in Section 7) or any right or ability to view, access or use any Materials; or
  8. attempt to do any of the acts described in this Section 11 or assist or permit any person to engage in any of the acts described in this Section 11.

12. Digital Millennium Copyright Law

DMCA Notification.

We comply with the provisions of the Digital Millennium Copyright Act (DMCA) applicable to Internet service providers (17 US.C. §512, as amended). If you have a complaint regarding intellectual property rights in material posted on the Service, you may contact our Designated Agent at the following address:

Izzyplan Company.

ATTN: Legal Department (Copyright Notice)

Email: [email protected]

Any notice alleging that materials hosted or distributed through the Service violate intellectual property rights must include the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the copyright owner or other right being infringed;
  2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. a description of the material you claim to be infringing and where it is located on the Service;
  4. your address, telephone number and email address;
  5. a statement by you that you have a good faith belief that use of the materials on the Service you are complaining about is not authorized by the copyright owner, its agent, or the law; and
  6. a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Repeat offenders.

Izzyplan will promptly terminate the accounts of users who are determined by Izzyplan to be repeat offenders.

13. Modification of these Terms.

We reserve the right to change these Terms on an ongoing basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, we may require you to accept the modified Terms in order to continue using the Service. Material modifications are effective upon acceptance of the modified Terms. Immaterial modifications are effective after publication. Except as expressly permitted in this Section 13, these Terms may only be amended by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising out of these Terms will be resolved in accordance with the version of these Terms that was in effect at the time of the discussion.

14. Term, Termination and Modification of the Service

Deadline

These Terms are effective from the time you accept the Terms or first download, install, access or use the Service, and terminate when terminated as described in Section 14.2.

Termination

If you violate any provision of these Terms, your authorization to access the Service and these Terms automatically terminate. In addition, Izzyplan may, in its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time, for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time by [describing termination process or] contacting customer service at https://Izzyplan.com/contact .

Termination Effect

Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) You will no longer be authorized to access your account or the Service; (c) You must pay Izzyplan any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 6.3, 7, 9.2, 14.3, 15, 16, 17, 18 and 19 will survive.

Service Modification

Izzyplan reserves the right to modify or discontinue the Service at any time (including limiting or discontinuing certain features of the Service), temporarily or permanently, without prior notice to you. Izzyplan will not be responsible for any changes to the Service or any suspension or termination of your access to or use of the Service.

15. Indemnity

To the extent permitted by law, you are responsible for your use of the Service, and will defend and indemnify Izzyplan and its directors, officers, employees, consultants, affiliates, subsidiaries and agents (together, the "Izzyplan Entities") from and against all claims presented by third parties, and any related liabilities, damages, losses and expenses, including reasonable attorneys' fees and costs, including reasonable fees and costs. , arising out of or connected with: (a) your unauthorized use or misuse of the Service; (b) Violation of any part of these Terms, any representation, warranty or agreement referred to in these Terms or any applicable law or regulation; c Violation of any third party right, including any intellectual property right or publicity, confidentiality, other property or right of privacy; d The nature or content of the data processed by the Service; for damages and damages to you or third parties. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), in which case, you agree to cooperate with our defense of these allegations.

16. Disclaimer, No Warranties

THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS" AND ON AN "AVAILABLE" BASIS. IZZYPLAN DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTIES FOR A PARTICULAR, SPECIFIC, SPECIFIC, COMMERCIAL PURPOSE AND CONTENT SILENT PLEASURE OR NON-INFRINGEMENT; AND (B) ANY WARRANTIES ARISING, OF COURSE, OF DEALING, USE OR DEALING. IZZYPLAN DOES NOT WARRANT THAT THE SERVICE OR ANY PART OF THE SERVICE, OR ANY MATERIAL OR CONTENT OFFERED THROUGH OR PROCESSED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS WHICH WILL NOT BE GIVEN PROBLEM. . NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR FROM THE IZZYPLAN ENTITIES OR ANY MATERIAL OR CONTENT MADE AVAILABLE THROUGH THE SERVICE SHALL CREATE ANY WARRANTY ABOUT ANY OF THE IZZYPLAN ENTITIES WE HAVE NOT STATED OR HEREBY DISCLAIMED THE SERVICE. WE ARE NOT RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER USER OF THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS, USE OR DISCLOSURE OF DATA, INCLUDING USER CONTENT. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE EXTENT PERMITTED BY LAW. Izzyplan does not disclaim any warranties or other rights that Izzyplan is prohibited from denying under applicable law.

17. Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE IZZYPLAN ENTITIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL OR ANY OTHER CONSEQUENTIAL LOSS OF USE , OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIAL OR CONTENT ON OR AVAILABLE THROUGH THE SERVICE, BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUS OR ANY OTHER TECHNICAL OR LEGAL NOT INFORMED OF THE POSSIBILITY OF DAMAGE. EXCEPT AS PROVIDED IN ARTICLE 18.5 AND TO THE EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE IZZYPLAN ENTITIES TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE USE OR ANY INABILITY TO USE ANY PART OF THE SERVICE, WHETHER OR OTHERWISE IN CONTRACT, TORT OR NOT, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU PAID TO IZZYPLAN FOR ACCESS AND USE OF THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT OR CIRCUMSTANCE GIVING UP THE CLAIM; OR (B) $100. EACH PROVISION OF THESE TERMS WHICH PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OR EXCLUSION OF DAMAGES IS INTENDED FOR AND ALLOCATES THE RISKS BETWEEN THE PARTIES UNDER THE TERMS OF THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE AGREEMENT BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS OF THIS SECTION 17 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

18. Dispute Resolution and Arbitration

Usually

In the interest of resolving disputes between you and Izzyplan in the most rapid and cost-effective manner, subject to all applicable laws and except as described in Articles 18.2 and 18.3, you and Izzyplan agree that all disputes arising out of these Terms will be resolved by binding arbitration. Arbitration is less formal than a court case. Arbitration uses a neutral arbitrator rather than a judge or jury, may allow for more limited discovery than in court, and may be subject to very limited review by the courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based on contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether a claim arises during or after termination of these Terms . YOU UNDERSTAND AND AGREE THAT BY ENTERING THESE TERMS, YOU AND IZZYPLAN ARE EACH WAIVING THE RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. If you reside in a country (for example, a member state of the European Union) with laws that give consumers the right to bring disputes in their local courts, this Section 18 does not affect those requirements.

Exceptions

Notwithstanding the provisions of Section 18.1, nothing in these Terms shall be deemed to waive, impede or limit the right of either party to: (a) bring an individual action in small claims court; b Trigger an enforcement action through the applicable federal, state or local agency if such action is available; c Seek injunctive relief in a court of law in aid of arbitration; or (d) file a lawsuit in court to address a claim of intellectual property infringement.

Opt-Out

If you do not wish to resolve disputes by binding arbitration, you may choose not to follow the provisions of this Section 18 within 30 days after the date you agree to these Terms by sending a letter to Izzyplan Inc., Attention: Legal Department – Arbitration Opt -Out, [email protected] which specifies: your full legal name, the email address associated with your account on the Service and a statement that you wish to disable arbitration ("Notice of opt-out"). Once Izzyplan receives your Notice of Exclusion, this Section 18 will be void and any action arising out of these Terms will be resolved as set out in Section 19.2. The remaining provisions of these Terms will not be affected by your Cancellation Notice.

Referee

Any arbitration between you and Izzyplan will be settled under the Federal Arbitration Act and administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (collectively, "AAA Rules") as modified by these Terms. AAA Rules and filing forms are available online at www.adr.org , by calling AAA at 1-800-778-7879, or by contacting Izzyplan. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, enforceability or enforceability of this binding arbitration agreement.

Arbitration Notice; process

A party seeking arbitration must first send written notice of the dispute to the other party by certified US Mail or Federal Express (signature required) or, only if that other party has not provided a current physical address, then by e-mail ("Notice of Arbitration"). Izzyplan's address for Notice is: Izzyplan Inc., [email protected] . The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) established the specific relief sought ("Demand"). The parties will make good faith efforts to resolve the claim directly, but if the parties cannot agree to do so within 30 days after the Notice of Arbitration is received, you or Izzyplan may initiate arbitration proceedings. All arbitration proceedings between the parties will be confidential unless otherwise agreed to by the parties in writing. During arbitration, the value of any settlement offer made by you or Izzyplan shall not be disclosed to the arbitrator until the arbitrator makes a final decision and grants, if any. If the arbitrator awards you an amount greater than the last written settlement amount offered by Izzyplan in the settlement of the dispute before the award, Izzyplan will pay you the greater of: (i) the amount awarded by the arbitrator; or (ii) $10,000.

Fees

If you initiate arbitration in accordance with these Terms, Izzyplan will reimburse you for the filing fee unless your claim is in excess of $10,000, in which case payment of any fees will be decided by the AAA Rules . Any arbitration hearing will take place at a venue to be agreed upon in Santa Clara County, California, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents filed with the referee; b Through a telephone hearing based on no appearance; or (c) by an in-person hearing as set forth in the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that the content of his claim or the relief requested in the Complaint is frivolous or brought for inappropriate purposes (as measured by the rules set forth in the Federal Code of Civil Procedure 11(b)), then the payment of all fees will be governed per the AAA Rules. In such event, you agree to reimburse Izzyplan for all monies previously disbursed by him that are otherwise your obligation to pay under the AAA Rules. Regardless of how the arbitration is conducted, the arbitrator must issue a written decision that is reasoned enough to explain the essential findings and conclusions upon which the decision and award are based. The arbitrator may make decisions and resolve disputes regarding the payment and reimbursement of fees or expenses at any time during the proceeding and upon the request of either party made within 14 days of the arbitrator's decision on the merits.

no class actions

YOU AND IZZYPLAN AGREE THAT EACH MAY LAY CLAIMS AGAINST THE OTHER ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A CLAIMAN OR CLASS MEMBER IN ANY SUPPOSED CLASS OR REPRESENTATIVE PROCEEDINGS. Furthermore, unless you and Izzyplan agree otherwise, the arbitrator cannot consolidate more than one person's claims, and cannot preside in any form of a representative or class process.

Modifications to this Arbitration Provision

If Izzyplan makes any future changes to this arbitration provision, other than a change in Izzyplan's address to Notice of Arbitration, you may reject the change by sending us written notice within 30 days of changing Izzyplan's address to Notice of Arbitration, in which case your account with Izzyplan will immediately terminate and this arbitration provision as in effect immediately prior to the changes you have rejected will survive.

demandability

If Section 18.7 or the entirety of this Section 18 is found to be unenforceable, or if Izzyplan receives a Notice of Cancellation from you, then the entirety of this Section 18 will be void and, in that case, exclusive jurisdiction and venue described in Section 19.2 will govern any action arising out of or relating to these Terms.

19. Miscellaneous

General Terms

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference to these Terms, are the exclusive understanding and agreement between you and Izzyplan regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. Failure to make any provision will not affect our right to demand performance at any other time thereafter, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the disposition itself. The use of section headings in these Terms is for convenience only and will have no impact on the interpretation of any provision. Throughout these Terms, the use of the word "inclusive" means "including, but not limited to". If any portion of these Terms is held invalid or unenforceable, the unenforceable portion will be in effect to the fullest extent possible, and the remaining portions will remain in full force and effect.

Governing law. These Terms are governed by the laws of the State of California without regard to conflict of laws principles. You and Izzyplan submit to the personal and exclusive jurisdiction of the state and federal courts located within Santa Clara, California for resolution of any lawsuit or proceeding permitted under these Terms. In addition, please note that disputes can be submitted for resolution online on the European Commission's Online Dispute Resolution platform (more information can be found at ec.europa.eu/consumers/odr). We operate the Service from our offices in California, and make no representation that materials included in the Service are appropriate or available for use in other locations.

Privacy Policy

Please carefully read Izzyplan's privacy policy ( https://Izzyplan.com/privacy ) (collectively, the "Privacy Policy") carefully for information regarding our collection, use, storage, disclosure of your personal information. The Izzyplan Privacy Policy is incorporated by that reference and forms part of these Terms.

Additional Terms

Use of the Service is subject to any additional terms, policies, rules or guidelines applicable to the Service or certain features of the Service that we may post or link to from the Service (the "Additional Terms"). All Additional Terms are incorporated by this reference and form part of these Terms.

Consent for electronic communications

By using the Service, you agree to receive certain electronic communications from us as described in our Privacy Policy. Read our Privacy Policy to learn more about our electronic communication practices. You agree that any notices, agreements, disclosures or other communications we send you electronically will satisfy any legal reporting requirements, including that such communications be in writing.

Contact information

The Service is provided by Izzyplan Inc. You can contact us by sending an email to [email protected] .

Notice to California residents

If you are a resident of California, under California Civil Code Section 1789.3, you may contact the California Department of Consumer Affairs Division of Consumer Services Claims Assistance Unit in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by calling (800) 952-5210 to resolve a complaint about the Service or to receive more information about your use of the Service.

no support

We are under no obligation to support the Service. Where we are able to provide support, support will be subject to published policies.

International Use

The Service is operated from Brazil. We make no representation that the Service is appropriate or available for use outside Brazil. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.

20. Notice about Apple.

This Section 20 only applies to the extent that you are using our mobile app on an iOS device. You acknowledge that these Terms are solely between you and Izzyplan, not Apple Inc. ("Apple"), and Apple is not responsible for the Service or the content on it. Apple is under no obligation to provide any maintenance and support services in connection with the Service. If the Service does not conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile app to you; and, to the extent permitted by applicable law, Apple has no other warranty obligations with respect to the Service. Apple is not responsible for responding to any claims by you or third parties relating to the Service or your possession and/or use of the Service, including: (a) product liability claims; (b) Any claim that the Service does not comply with any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and settlement of any claim by third parties that the Service and/or your possession and use of the Service infringes the intellectual property rights of third parties. You agree to comply with any applicable third party terms when using the Service. Apple and Apple subsidiaries are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms. You represent and warrant that: (i) you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting country”; and (ii) you are not listed on any US government list of Prohibited or Restricted Parties.


Start organizing your routine now.
Saiba mais em nossa Knowledge base
We use cookies
We use your data to analyze and personalize our content and advertisements for you. By continuing to use this site you give us your consent to collect such information and use it for these purposes. If in doubt, access our Privacy Policy.