Terms of Service

1. Agreement to these terms

These Terms of Service (“Terms”) govern your access to and use of the websites, cloud services, and software offered by PlanDrive (“PlanDrive,” “we,” “us,” or “our”), including our native mobile applications for Android (Google Play) and iOS (Apple App Store) (the “Apps,” and together with our websites and hosted platform, the “Services”).

If you enter into a separate order form, subscription agreement, or enterprise contract with us (“Commercial Agreement”), that agreement governs fees, scope, and service levels. Where the Commercial Agreement conflicts with these Terms on the same subject, the Commercial Agreement controls.

By creating an account, clicking to accept, downloading an App, or using the Services, you agree to these Terms on behalf of yourself or the organization you represent. If you do not agree, do not use the Services.

2. App stores (Google & Apple)

When you obtain the Apps through Google Play or the Apple App Store, you also agree to the then-current terms and conditions of Google or Apple that apply to those platforms. PlanDrive is solely responsible for the Apps and their content as set out in these Terms and applicable store guidelines—not Google or Apple.

Google and Apple are not parties to these Terms and have no obligation to provide support or maintenance for the Apps. Any questions or claims relating to the Apps should be directed to PlanDrive at hello@plandrive.com.

In the event of conflict between these Terms and the applicable App Store or Google Play terms solely as they relate to your use of the Apps, the platform terms may apply to the extent required by that platform.

3. Eligibility

You must be at least the age of majority in your jurisdiction (and in any event not under 13) to use the Services. If you use the Services on behalf of a company, you represent that you have authority to bind that organization, and “you” includes that organization.

4. License to use the Services

Subject to these Terms and your compliance with them (and payment where applicable), PlanDrive grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services and to install and use object-code copies of the Apps on devices you own or control, solely for your internal business purposes in accordance with documentation we provide.

You may not:

• Copy, modify, distribute, sell, or lease any part of the Services or Apps;
• Reverse engineer, decompile, or attempt to extract source code except where prohibited by law;
• Circumvent security, probe or scan systems without authorization, or use the Services to develop a competing product;
• Use the Services in violation of law, third-party rights, or applicable store policies.

5. Accounts and security

You are responsible for maintaining the confidentiality of credentials and for activity under your account. Notify us promptly of unauthorized use. We may suspend access if we reasonably believe there is a security risk or breach of these Terms.

6. Customer data

You retain ownership of data you or your users submit to the Services (“Customer Data”). You grant PlanDrive a worldwide license to host, process, transmit, and display Customer Data only as needed to provide, secure, and improve the Services and as described in our Privacy Policy.

You are responsible for obtaining all rights and consents needed for us to process Customer Data—including personal data about your employees and customers—in accordance with these Terms and applicable law.

7. Subscriptions, fees, and mobile purchases

Paid features are governed by your Commercial Agreement or in-app purchase flows. If you subscribe through the Apple App Store or Google Play, payments, renewals, and refunds may be handled by Apple or Google under their terms. To the extent permitted by those platforms, any billing disputes for in-app purchases may need to be directed to the applicable store.

Taxes, if any, are your responsibility unless stated otherwise in writing.

8. Acceptable use

You agree not to use the Services to:

• Violate any law or infringe others’ intellectual property or privacy rights;
• Upload malware, spam, or harmful code;
• Harass, abuse, or harm individuals or transmit illegal content;
• Mine cryptocurrency, scrape or overload our systems without permission, or interfere with other customers’ use of the Services.

9. Intellectual property

The Services, Apps, and all related software, documentation, trademarks, and branding are owned by PlanDrive or our licensors. Except for the limited license above, no rights are granted to you. Feedback you provide may be used by us without obligation to you.

10. Third-party services

The Services may integrate with third-party products (maps, accounting, identity providers, etc.). Your use of those products is subject to their terms. We are not responsible for third-party services.

11. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND APPS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

Some jurisdictions do not allow certain disclaimers; in those jurisdictions, our liability is limited to the fullest extent permitted by law.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PLANDRIVE NOR ITS SUPPLIERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO PlanDrive FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS BEFORE THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100), IF YOU HAVE NOT HAD A PAYMENT OBLIGATION.

THE LIMITATIONS IN THIS SECTION APPLY WHETHER THE CLAIM IS BASED IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, AND EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

13. Indemnity

You will defend, indemnify, and hold harmless PlanDrive and its affiliates, officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys’ fees) arising from Customer Data, your use of the Services in violation of these Terms, or your violation of law or third-party rights.

14. Termination and account deletion

You may stop using the Services at any time. We may suspend or terminate access for breach of these Terms, non-payment (where applicable), or risk to security or other users, with or without notice as permitted by law and your Commercial Agreement.

Upon termination, your right to use the Services ceases. Provisions that by their nature should survive (including ownership, confidentiality, disclaimers, limitation of liability, indemnity, and governing law) will survive.

Account deletion. You may request deletion of your account and associated personal data as described in our Privacy Policy. Deleting an App from your device does not delete data we hold in our systems; follow the process in the Privacy Policy or contact hello@plandrive.com.

15. Governing law and disputes

These Terms are governed by the laws of the State of Delaware, USA, excluding its conflict-of-law principles, unless your Commercial Agreement specifies a different governing law. Courts in Delaware (or as stated in your Commercial Agreement) will have exclusive jurisdiction, except where applicable law requires a consumer to bring claims in their home jurisdiction.

If you are a consumer in the EEA or UK, you may benefit from mandatory protections of the laws of your country of residence.

16. Export and sanctions

You may not use or export the Services in violation of U.S. or other export control or sanctions laws. You represent that you are not located in a country subject to embargo or designated as prohibited, and are not on any government list of prohibited or restricted parties.

17. Changes to these terms

We may modify these Terms from time to time. We will post the updated Terms on this page and update the “Last updated” date. For material changes, we will provide notice as required by law or your Commercial Agreement (for example, email or in-app notice). Continued use after the effective date constitutes acceptance of the revised Terms, except where prohibited by law.

18. Contact

Questions about these Terms: hello@plandrive.com.