Last Updated: January 6, 2025
Welcome to ProcessPlan! These Terms of Service constitute an agreement between you and ProcessPlan, LLC ("we," "our," or "us"), outlining each party's rights, obligations, and responsibilities. These Terms apply to your use of:
All of the foregoing are collectively referred to as our or the "Services."
PLEASE READ THESE TERMS IN FULL TO ENSURE YOU UNDERSTAND EACH PROVISION. BY CREATING A PROCESSPLAN ACCOUNT, CLICKING "SIGN UP," "SIGN UP FOR FREE," "SUBMIT," OR ANY EQUIVALENT INDICATOR OF ACCEPTANCE, BY AGREEING TO THESE TERMS IN AN ORDER FORM OR SIMILAR DOCUMENT, OR BY ACCESSING OR USING PROCESSPLAN (REGARDLESS OF WHETHER YOU ARE A REGISTERED USER), YOU ACKNOWLEDGE THAT:
WE RESERVE ALL RIGHTS NOT EXPRESSLY GRANTED IN THESE TERMS.
THESE TERMS INCLUDE A MANDATORY INDIVIDUAL ARBITRATION AGREEMENT (SEE SECTION 14.2) AND A CLASS ACTION/JURY TRIAL WAIVER PROVISION (SEE SECTION 14.3) THAT REQUIRE, WITH SPECIFIC EXCEPTIONS OR UNLESS YOU OPT OUT AS PROVIDED IN SECTION 14.2, THE USE OF FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS ONLY. THIS MEANS NO JURY TRIALS, AND NO CLASS, COLLECTIVE, OR REPRESENTATIVE ACTIONS OR PROCEEDINGS.
If you are an individual accessing or using our Services on behalf of a company, organization, principal, or any other entity (each, along with its affiliates, an "Organization"), then:
You may use our Services only if you can form a legally binding contract and only if you comply with these Terms and all relevant laws and regulations. You must be at least 16 years old to use our Services or older if required by local law. Our Services are not available to users previously removed unless we agree in writing.
Subject to your compliance with these Terms, you are permitted to access and use our Services during the applicable Subscription Term unless otherwise restricted by your Organization. You must abide by our Acceptable Use Policy.
Your ProcessPlan account ("ProcessPlan Account") grants you access to certain features or functions of our Services. Note that you do not own your ProcessPlan Account.
You must keep your ProcessPlan Account credentials confidential and secure. You are responsible for all activity on your ProcessPlan Account. Immediately notify us of any unauthorized use or security breach. We are not liable for unauthorized activity on your ProcessPlan Account.
"You" (or your licensors) retain ownership of any data, information, or content you provide through our Services ("Your Content"). You grant us an irrevocable, transferable, sublicensable, fully paid-up, royalty-free, worldwide license to use, copy, store, modify, and display Your Content solely to provide, maintain, improve, or optimize our Services, as otherwise authorized by you, where necessary for the security or stability of our Services, and for any purpose consistent with our Privacy Policy.
You represent and warrant that you have the rights and permissions to use and share all content you provide through the Services, and that such usage does not violate any laws or third-party rights.
We may collect and analyze information regarding your use of the Services ("Usage Data"). We may use Usage Data for any business purpose, including analytics, product enhancement, and quality control. Usage Data does not include Your Content.
We grant you, during the applicable Subscription Term and subject to these Terms, a non-exclusive, non-transferable, non-sublicensable license to use the Software solely for your authorized use of our Services.
You may cancel your ProcessPlan Account at any time via your Account Settings. We may alter our Services, discontinue any feature, or suspend or terminate your access without liability if we deem you to have violated these Terms. Upon any termination, you remain bound by these Terms.
Trial Features are provided "AS IS," without warranties or liability of any kind, and do not include any guaranteed service levels or support. We may discontinue or revoke access to Trial Features at any time without liability.
Our Services, including all software, algorithms, code, technology, underlying intellectual property, and associated materials ("Intellectual Property"), are owned by us or our licensors. You may not sell, license, rent, modify, distribute, copy, reproduce, or create derivative works of our Intellectual Property without written permission.
By submitting Feedback, you agree that we may use it without restriction or additional compensation.
We may offer features leveraging generative artificial intelligence under the names "ProSeer" and "AI Employees." ProSeer is our AI-powered business analyst that helps customers analyze and optimize their processes. AI Employees are digital workers that execute business processes autonomously on behalf of customers. Your use of ProSeer and AI Employees is governed by these Terms.
We may provide various service plans ("Subscription Plans"), both free and paid. We reserve the right to adjust fees and charges at our discretion. Modifications to pricing apply in the subsequent billing cycle following notice.
If you opt for a paid Subscription Plan, you agree to pay the listed fees. You must supply a valid Payment Method for payment in U.S. Dollars. We currently use Stripe for payment processing. All fees and charges are non-refundable unless explicitly stated otherwise or required by law.
Unless canceled, your Subscription Plan automatically renews for successive terms at the then-current rate. Cancel before the end of your current subscription period through Account Settings.
If We Terminate: If we terminate your Subscription Plan without cause, we may issue a prorated refund for the unused portion.
If You Cancel: Your paid access remains active until the end of your current Subscription Term. No refund for fees already paid, unless required by law (e.g., EU or Turkish residents who cancel within 14 days of purchase are entitled to a refund).
Late payments may incur interest of 1.5% per month or the highest rate allowed by law, whichever is lower, plus any costs of collection.
Credits expire after one (1) year or upon closure of your account, whichever comes first. Credits are not redeemable for cash or transferable.
We grant you a non-exclusive, non-transferable, revocable license to install and use our Mobile Applications on devices that you own or lease. If you download from a third-party app store, these Terms are solely between you and us, not the app store provider.
By using our Services, you acknowledge that we may collect, use, and disclose personal information in accordance with our Privacy Policy. If your usage requires us to process personal data on your behalf, we will do so under our Privacy Policy and any applicable Data Processing Agreement.
We use measures to protect Your Content from unauthorized access, alteration, or disclosure. However, no security system is foolproof. We strongly recommend enabling two-factor authentication (2FA).
Our Services may include links to or integrations with third-party services. We are not responsible for, and do not endorse, any Third-Party Service. You access Third-Party Services at your own risk.
You agree to defend, indemnify, and hold harmless ProcessPlan, LLC and its affiliates from and against any claims, damages, losses, liabilities, costs, and expenses resulting from your use of or access to our Services, your breach of these Terms, your violation of any third-party rights or applicable laws, misleading content within Your Content, your willful misconduct, or any third-party use of your credentials.
OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT ALLOWED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT OUR SERVICES WILL BE ERROR-FREE, SECURE, OR UNINTERRUPTED.
TO THE FULLEST EXTENT PERMITTED BY LAW, PROCESSPLAN, LLC WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, GOODWILL, OR OTHER INTANGIBLE LOSSES.
IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNT PAID BY YOU TO US IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Each party may disclose non-public, proprietary, or confidential information ("Confidential Information") to the other. The Receiving Party shall exercise at least reasonable care to protect Confidential Information, use it only for purposes consistent with these Terms, and restrict disclosure to those with a need to know bound by similar obligations.
These Terms are governed by the internal laws of the State of Georgia, without reference to conflict-of-laws rules. You agree to the exclusive jurisdiction of federal or state courts in Valdosta, Georgia for proceedings not subject to arbitration.
You agree that any dispute arising from these Terms or your use of our Services will be resolved through binding arbitration administered by JAMS under its Optional Expedited Arbitration Procedures. You must first contact us at [email protected] and attempt informal resolution. If unresolved within 60 days, either party may commence arbitration.
If you are a new user, you have 30 days from first accepting these Terms to opt out of this Arbitration Agreement by emailing [email protected] with your full name and clear statement of your intent to opt out.
BY AGREEING TO THESE TERMS, YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY.
Our Services and related software are considered "commercial computer software" under applicable federal regulations, and use by governmental entities is subject to these Terms.
You agree to comply with all applicable trade and economic sanctions, export, and re-export controls, including regulations enforced by the U.S. Departments of Commerce, Treasury (OFAC), and State.
We may identify you (or your Organization) as a user or customer in our marketing materials. We will remove such references upon your request.
Our Services may include interactive functionality (e.g., chatbots or managed chat). By using these features, you agree that we and/or our third-party providers may monitor and record these communications for service delivery, support, and quality assurance.
You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights at our discretion.
We may update these Terms occasionally, with an updated "Last Updated" date. Material changes will be communicated through the Services, by email, or by another method. Continuing to use the Services after changes means you accept the revised Terms.
These Terms, including any referenced policies or agreements, constitute the entire agreement between you and us. If a court finds any provision invalid, the rest remain in force.
Our failure to enforce any term does not waive that right or provision.
If you have any questions about these Terms, please email us at [email protected].