Terms of Service

The following are the terms and conditions for use of the SmartBusinessPlan website service (“Service”), a product of individee GmbH (“SmartBusinessPlan”). Please read them carefully before using the Service.

BY USING THE SERVICE, YOU (the terms “you” or “yours” includes the person or entity that is registered with the Service as well as any third parties accessing the Service on your behalf) ARE STATING THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF THE SERVICE (“Agreement”). The Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.

Account

  1. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  2. You are responsible for maintaining the security of your account and password. SmartBusinessPlan cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  3. Your login may only be used by one person – a single login shared by multiple people is not permitted.
  4. One person or legal entity may not maintain more than one free account.
  5. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

Payment, Refund, Upgrading and Downgrading

  1. The Service is billed in advance and is non-refundable.
  2. Monthl subscription fees are automatically renewed unless proper notice is received from the Subscriber at least 3 days prior to renewal.
  3. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
  4. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. No exceptions will be made in order to treat everyone equally.

Cancellation

  1. The only accepted method for canceling your account is via the Service account settings. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time when you are logged into your Service account by going to your account settings and using the cancellation link.
  2. Your account will be set into an read-only mode upon cancellation. SmartBusinessPlan retains the right to delete your account and any related content 28 days after cancellation. Proper notice will be given via e-mail 10 days before deletion.
  3. SmartBusinessPlan, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other SmartBusinessPlan service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. SmartBusinessPlan reserves the right to refuse service to anyone for any reason at any time.
  4. If you cancel the Service before the end of your current paid up month, your cancellation will take effect at the end of your current subscription and you will not be charged again.

Modifications to the Service and Prices

  1. SmartBusinessPlan reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
  2. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Service Site (smartbusinessplan.com) or the Service itself.
  3. SmartBusinessPlan shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Information Rights

You have the exclusive right to use all data derived by your use of the Service, including reports, and graphs, for any purpose related to your organization and you shall retain ownership of all confidential information (collectively, “Client Data”).

SmartBusinessPlan may never access any “Client Data” without written consent by you. Such access may only be limited to support by SmartBusinessPlan.

Notwithstanding the foregoing, in connection with the provision of the Service, SmartBusinessPlan may aggregate data derived from your use of the Service to compile aggregate statistics, metrics and general trend data about the Service for marketing and promotional purposes. For the avoidance of doubt, any data collected, compiled, generated or used in the foregoing manner by SmartBusinessPlan shall not constitute “Client Data.”

Indemnification

You agree to indemnify, hold harmless and defend SmartBusinessPlan, at your expense, against any and all third party claims, actions, proceedings, and suits brought against SmartBusinessPlanor any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys’ fees) incurred by SmartBusinessPlan or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (i) your breach of any term or condition of this Agreement or (ii) your use of the Service. In such a case, SmartBusinessPlan will provide you with written notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defense of any claim. SmartBusinessPlan reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

General

  1. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
  2. SmartBusinessPlan does not represent or warrant that (i) the Service will be error-free or accessible at all times, (ii) defects will be corrected, (iii) the Service or the server that makes it available, are free of viruses or other harmful component, or (iv) the use or the results of the use of the Service or the materials made available as part of the Service will be correct, accurate, timely, or otherwise reliable. You specifically agree that SmartBusinessPlan shall not be responsible for unauthorized access to or alteration of your data.
  3. You expressly understand and agree that SmartBusinessPlan shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if SmartBusinessPlan has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
  4. The failure of SmartBusinessPlan to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and SmartBusinessPlan and govern your use of the Service, superseding any prior agreements between you and SmartBusinessPlan (including, but not limited to, any prior versions of the Terms of Service).
  5. We may amend these Terms from time to time, in which case the new Terms will supersede prior versions. We will notify You not less than ten (10) days prior to the effective date of any such amendment and Your continued use of the Service following the effective date of any such amendment may be relied upon by SmartBusinessPlan as Your consent to any such amendment.
  6. Questions about the Terms of Service should be sent to support@smartbusinessplan.com.

Notice

All notices to be provided by SmartBusinessPlan to You under these Terms may be delivered in writing electronic mail to the electronic mail address provided for Your Account owner. You must give notice to us in writing by Mail to the following address: individee GmbH, Attn: Legal Department, Zossener Str. 41, 10961 Berlin, Germany. All notices shall be deemed to have been given immediately upon delivery by electronic mail, or if otherwise delivered upon receipt or, if earlier, two (2) business days after being deposited in the mail as permitted above.

Governing Law

These Terms shall be governed by the laws of the State of Berlin, Germany, without regard to conflict of laws principles. You hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the State of Berlin, Germany, for the purpose of resolving any dispute relating to the Terms or access to or use of the Service by You, Agents or End Users.