Version 1 · in force from [date of publication]
Important terms
These terms differ from what the law would otherwise provide. Ticking the box when you sign up means you accept them expressly:
- PlanPicPro is for business use only; it isn't offered to consumers (clause 1.3).
- Our liability is limited: we aren't liable for indirect loss or lost profits, and our total liability is capped at the fees paid in the previous 12 months (clause 11).
- Fees already paid aren't refunded, except as clause 5.7 lists.
- We may change PlanPicPro and these terms with notice (clauses 3.4 and 12).
- Hungarian law applies, and the courts at our registered office decide disputes (clause 14).
1. About these terms
1.1 PlanPicPro is provided by RM DMS Hungary Kft. ("we", "us"): registered office [registered office]; company registration number [Cg. number], registered by [registry court]; tax number [tax number]; EU VAT number [EU VAT number]; email support@planpicpro.com. Our hosting provider is netcup GmbH, Emmy-Noether-Straße 10, 76131 Karlsruhe, Germany, mail@netcup.de.
1.2 These terms are a contract between us and each company registered in PlanPicPro ("the customer", "you"). The manager who registers a company accepts them for it and confirms that they may. Everyone who creates an account ("a user") also accepts them for their own use of PlanPicPro.
1.3 PlanPicPro is for business use: in your trade, business, craft or profession, including as an employee or contractor of a business. It isn't offered to consumers, and you confirm that you don't use it as one.
1.4 The Data Processing Agreement (DPA) and the sub-processor list form part of these terms. The Privacy notice explains how we use personal data as a controller.
1.5 The contract is made when you tick the box and create an account, on the website or in the app; for a company, when it is registered, at sign-up or later. Paid seats are ordered on the Subscription page and paid through Stripe's checkout, which shows the price before you pay. You can correct what you've entered at any point before you submit it. We don't file contracts individually: the terms in force are always on this page, and we send earlier versions on request. The contract is in English.
2. Accounts
2.1 You must be 18 or over and give accurate details. An account is for one person: don't share it. It can be signed in on one browser and one phone at a time; signing in on another browser or phone signs the earlier one out.
2.2 Keep your password secret, and tell us at once if you think someone else has used your account. We recommend two-step verification, and managers should turn it on.
2.3 The customer is responsible for what happens in its company in PlanPicPro: whom its managers invite and with which role, and removing people who leave.
3. The service
3.1 PlanPicPro is the mobile app and the web portal at planpicpro.com: projects, floor plans, numbered pins, photos and notes, PDF reports, and syncing between devices and the portal.
3.2 The app works offline. What is captured offline exists only on that device until it syncs; we can't recover data that never reached our server.
3.3 We work to keep PlanPicPro available, but we don't promise that it will be uninterrupted or free of errors. We may take it offline for maintenance, at quiet times where we can; the app keeps working offline meanwhile.
3.4 We may change and improve PlanPicPro. If a change significantly reduces what a paid plan includes, we email the customer's managers at least 30 days ahead, and the customer may cancel and get a refund for the rest of the period it has paid for.
3.5 PlanPicPro is a tool. The customer is responsible for the content of its surveys and reports, for checking them, and for decisions and advice based on them.
4. Plans and seats
4.1 Free plan: one seat, one project, and five pins and five photos per project. A person can manage only one company on the free plan at a time.
4.2 Paid plan: per seat, billed monthly or yearly, with no limit on projects, pins or photos. Every member and every pending invitation takes a seat. Uploads have size limits (now 15 MB per photo and 50 MB per plan).
4.3 We may also grant seats with a licence key, for example under a separate agreement. A key works only for the company it was issued for, for the seats and until the date it shows. Buying a subscription replaces a licence key.
4.4 When seats or a subscription end, nothing is deleted or locked. Everyone keeps access to existing data, but the free plan's limits apply to new projects, pins, photos and invitations.
5. Prices and payment
5.1 Prices are per seat and are shown on the Subscription page and at checkout, in the currency shown there. They exclude VAT, which is added where it applies.
5.2 You pay by card through Stripe, in advance for each month or year. A subscription renews automatically until it is cancelled.
5.3 Adding seats: the price of the extra seats for the rest of the current period is charged at once. Removing seats: the difference for the rest of the period is credited to your next invoice. Seats can't go below the number in use.
5.4 Switching from monthly to yearly billing credits the unused part of the month and charges the year from that day. To go from yearly to monthly, cancel, and buy monthly when the year ends.
5.5 A change of seats or billing applies only once its payment succeeds. If a renewal payment fails, Stripe tries again for a while; if it still fails, the subscription ends and the company moves to the free plan (clause 4.4).
5.6 Managers can cancel at any time on the Subscription page. The seats stay until the end of the period paid for; then the company moves to the free plan. Invoices are under "Payment details & invoices" on that page.
5.7 Fees already paid aren't refunded, except: the seat credits in clauses 5.3 and 5.4; the refunds in clauses 3.4, 9.4 and 12.2 and in DPA clause 5.4; and where the law requires a refund.
6. Your data
6.1 Your company's data (projects, plans, pins, notes and photos) belongs to you. You give us the rights we need to store, process and show it, only so that we can provide PlanPicPro to you.
6.2 We process the personal data in it on your behalf, under the DPA.
6.3 You may not put into PlanPicPro: content you have no right to use; unlawful content; malware; or the kinds of personal data DPA clause 10.2 excludes (special categories, criminal-offence data, dates of birth, identity numbers, bank and card details).
6.4 You can export reports at any time, and we provide a full copy of your company's data on request (DPA clause 11).
7. Acceptable use
7.1 Don't:
- use PlanPicPro to break the law or infringe anyone's rights;
- try to reach data or functions you aren't entitled to, including other companies' data;
- probe, scan or test our systems' security without our written permission (we welcome reports of weaknesses to support@planpicpro.com);
- overload or disrupt PlanPicPro, or get around its plan limits or seat counts;
- send unwanted invitations or other spam through it;
- copy, resell or reverse-engineer PlanPicPro, except as the law allows.
8. The app
8.1 The app is free to download. These terms govern its use; the app store's own licence terms also apply to the download. Apple and Google aren't parties to these terms and aren't responsible for PlanPicPro.
9. Ending the contract
9.1 You can stop using PlanPicPro at any time. A manager closes a company on the portal's Company page, and you delete your account on the Account page or in the app. You can also email support@planpicpro.com, and we do it within one month. The DPA (clause 11) and the Privacy notice describe what happens to the data.
9.2 We may suspend or close an account or a company, after warning it where we can, if it breaches these terms, puts PlanPicPro or other users at risk, or the law requires it.
9.3 We may close a company on the free plan that nobody has used for 24 months, after emailing its managers at least 30 days ahead.
9.4 If we stop offering PlanPicPro, we tell the customer's managers at least 90 days ahead, refund fees paid for the time after it ends, and provide a copy of the customer's data as DPA clause 11 describes.
9.5 Clauses that by their nature outlast the contract, such as those on data, liability and law, continue to apply after it ends.
10. Our commitment
10.1 We provide PlanPicPro with reasonable care and skill. Beyond what these terms say, and as far as the law allows, we give no other warranties.
11. Liability
11.1 Neither party is liable for indirect or consequential loss, or for lost profits, revenue or business.
11.2 Our total liability arising from the contract, whatever the cause, is limited to the fees the customer paid us in the 12 months before the event giving rise to the claim, or EUR 100 for a company on the free plan.
11.3 These limits don't apply to liability for a breach committed intentionally, for harm to life, physical integrity or health, or to any other liability the law doesn't allow to be limited.
11.4 DPA clause 12 and Article 82 GDPR govern liability for data protection breaches.
11.5 We aren't responsible for failures caused by events beyond our reasonable control, such as outages of networks or services we don't run.
12. Changes to these terms
12.1 We may change these terms, the DPA and the Privacy notice. For a change that affects the customer's rights or obligations, we email its managers at least 30 days before the change takes effect, unless the law requires it sooner.
12.2 If the customer doesn't accept a change, it can cancel before the change takes effect, and we refund the fees paid for the time after that date. Using PlanPicPro after that date means accepting the new terms.
12.3 Changes of sub-processor follow DPA clause 5.
13. Notices
13.1 Write to us at support@planpicpro.com. We write to the customer by email to its managers' account addresses, and to a user at their account address.
14. Law and disputes
14.1 Hungarian law governs the contract, excluding its conflict-of-law rules. The courts with jurisdiction at our registered office decide disputes about it.
15. General
15.1 If a clause turns out to be invalid, the rest of the contract stays in force.
15.2 Not enforcing a right at once doesn't mean giving it up.
15.3 The customer may transfer the contract only with our consent. We may transfer it to whoever takes over PlanPicPro, after telling the customer.
15.4 These terms, the DPA and the order made at checkout are the whole agreement about PlanPicPro.