Terms & Conditions
Acceptance of the Terms of Use :
These terms of use are entered into by and between You and Planwell Labs, Inc. ("Company," "we," or "us"). The following terms and conditions ("Terms of Use"), govern your access to and use of the Company’s online and/or mobile services and company mobile applications, including but not limited to, the Company’s Planwell.io website (“Website”), Planwell mobile applications (“Planwell Mobile App”), any other Company mobile applications, websites, browser extensions or plugin (collectively, the “Planwell Platform”), including any content, functionality, downloadable Excel tools and all other the planning tools available through the Company through the Platform or through third-party links, to help people make major financial decisions and achieve their financial goals and services (the “Services”) offered on or through the Planwell Platform. Please read the Terms of Use carefully before you start to use the Planwell Platform. By using the Planwell Platform or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Planwell Platform. The Planwell Platform are offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using the Planwell Platform meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Planwell Platform. We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Planwell Platform thereafter. Your continued use of the Planwell Platform following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Our Mission :
The Planwell Platform provides planning tools and a community of users to help people make major financial decisions and achieve their financial goals. These decisions include how much to save for retirement, plan for kids college, home affordability, and so on. Moreover, users can make tradeoffs and optimize between major decisions using our tool. Users anonymously enter their financial information in return for aggregated insights into how other people are managing their finances. The information would include things like income, expenses, home value, etc. For example, when a user enters this information, we aggregate data from other users who are similar to them and provide them anonymized insights of the nature of “People similar to you spent $X on buying a home.
Privacy Policy :
The Company respects the privacy of its Company App users. Please refer to the Company’s Privacy Policy which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Planwell Platform, you signify your agreement to this Privacy Policy.
Disclaimer :
The information available through the Planwell Platform, including all tax, investment, retirement or financial services is provided solely for informational purposes on an “as is” basis at user’s sole risk. The information is not meant to be, and should not be construed as advice or used for investment purposes and the Company makes no guarantees as to the accurateness, quality, or completeness of the information and the Company shall not be responsible or liable for any errors, omissions, or inaccuracies in the information or for any user’s reliance on the information. User is solely responsible for verifying the information as being appropriate for user’s personal use, including without limitation, seeking the advice of a qualified professional regarding any specific financial questions a user may have. The Planwell Platform are not endorsed by or affiliated with FINRA or any other financial regulatory authority, agency, or association. Any calculators, spreadsheets, flow charts or other interactive features on the Planwell Platform are intended to illustrate general information and principles about finance, tax, investments and retirement and are not intended to be used to produce specific recommendations.
Intellectual Property :
The materials used and displayed on the Planwell Platform, and within the programs for which you have access as a paid member when applicable, including but not limited to text, files, software, images, graphics, illustrations, information, data and artwork, video, music and sound, and names, logos, trademarks and service marks (“Content”), are the property of Company, or its affiliates or licensors and are protected by copyright, trademark and other proprietary and intellectual property rights and laws. Any such Content may be used solely for your personal, non-commercial use. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content without the prior written permission of the Company. The Company grants you a personal, non-exclusive, non-transferable, revocable license to use the Planwell Platform and its Content for non-commercial purposes subject to these Terms of Use.
Trademarks, Logos and Slogans :
Unless otherwise labeled, all trademarks, service marks, logos, banners, and page headers displayed on the Planwell Platform (collectively, the "Marks") are the property of the Company. You may not use the Marks without the prior written permission of the Company.
1. Accounts
Account Creation :
To use certain features of the Planwell Platform and to access paid programs, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Planwell Platform. Company may suspend or terminate your Account at any time and for any reason.
Account Responsibilities :
You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Term and Termination :
Subject to this Section, these Terms will remain in full force and effect while you use the Planwell Platform. We may suspend or terminate your rights to use the Planwell Platform (including your Account) at any time for any reason at our sole discretion, including for any use of the Planwell Platform in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Planwell Platform will terminate immediately. You understand that any termination of your Account may involve deletion of your User content associated with your Account from our live databases. Company will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User content.
Purchase of Products and Services :
The Planwell Platform provides certain goods and services which may include financial calculators, downloadable spreadsheets, online courses, programs, digital products, services, memberships and subscriptions (collectively, "Products and Services"), and the delivery thereof, requires you to pay a fee. You agree to pay those amounts shown to you during checkout and understand that Products and Services are not returnable. The delivery of any Products and Services to you shall not transfer any promotional or commercial rights in the Products and Services. You may not resell, rent, lease or provide the Products or Services to any person and you shall not modify, publish, participate in the transfer or sale of, reproduce, or create derivative works from, any of the Products or Services in whole or in part. You are specifically prohibited from using any of the Products or Services to send commercial advertising or mass mailings of any kind. If applicable, once you download a digital product from the Planwell Platform, it is your responsibility not to damage, lose or destroy it.
You understand that the Products, Services and Content we provide on the Planwell Platform is subject to change at any time, and that Products, Services and content may be added or removed at our sole discretion. Such changes may include, among other things: the addition or removal of Content, Products and/or Services, the requirement that you pay to have access to certain Content, Products and/or Services and Content, Products and/or Services that you have previously paid for being made available at no charge.
If you subscribe to become a member of the Planwell Platform (a "Subscription"), we will charge the applicable Subscription fee. At times, we may offer trial periods during which customers register for a Subscription and enjoy all the Subscription benefits on a trial basis. If you sign up for a trial period and cancel during the trial period, the payment information provided will not be billed. If you do not cancel during the trial period, we will automatically charge the applicable Subscription fee to the payment method that you have supplied during the registration process.
You may cancel your Subscription and request a refund only within thirty (30) days after your payment has been processed. A Subscription may be cancelled for the upcoming month, but refunds will not be given for prior months.
Annual or Monthly Subscriptions will automatically be renewed at the end of the Subscription term unless: (1) you cancel your renewal during your Subscription period; or (2) you request a cancellation within 30 days after your renewal payment has been processed. Monthly Subscriptions can be cancelled for the upcoming month, but no refund will be given for prior months.
Reliance on Information on Planwell Platform :
Please do not rely on Planwell Platform Content, including User Contributions and content from our independent contractor contributors. Content is provided for general information purposes only and can never take into account your unique, personal circumstances and needs. You acknowledge and agree that any reliance or actions you take in violation of your agreement with us shall be at your sole and exclusive risk and the Company shall have no responsibility or liability to you whatsoever. You also acknowledge and agree that communications on or through the Planwell Platform, whether with content providers or other users, are at your own risk and are not covered by any privilege or confidentiality obligation that might apply if you were to obtain your own professional advice (e.g., from a financial advisor).
1. Acceptable Use Policy.
The following terms constitute our “Acceptable Use Policy”: You agree not to use the Planwell Platform to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
In addition, you agree not to: (i) upload, transmit, or distribute to or through the Planwell Platform any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Planwell Platform unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Planwell Platform to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Planwell Platform, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Planwell Platform (or to other computer systems or networks connected to or used together with the Planwell Platform), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Planwell Platform; or (vi) use software or automated agents or scripts to produce multiple accounts on the Planwell Platform, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Planwell Platform (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Planwell Platform for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).
2. User Contributions.
The Planwell Platform may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Planwell Platform.
If you voluntarily disclose personal information (e.g., username, email address) on the Planwell Platform, such as on a forum, chat room or on any other user or member-generated pages, that information can be viewed in search engines, collected and used by others and may result in unsolicited contact from other parties. We advise that you not post any personal or other sensitive information on our Planwell Platform.
Any User Contribution you post to the Planwell Platform will be considered non-confidential and non-proprietary. By providing any User Contribution on the Planwell Platform, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
All of your User Contributions do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Planwell Platform.
Monitoring and Enforcement; Termination. We have the right to:
Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the content standards below, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Planwell Platform or the public or could create liability for the Company.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Planwell Platform.
Terminate or suspend your access to all or part of the Planwell Platform for any or no reason, including without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information related to anyone posting any materials on or through the Planwell Platform. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, AGENTS, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR BECAUSE OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN BECAUSE OF INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We cannot and do not undertake to review all material before it is posted on the Planwell Platform, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
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Your Indemnification of Us.
You agree to indemnify, defend and hold harmless the Company, and its officers, directors, owners, employees, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys fees, incurred by the Indemnified Parties in connection with any claim arising out of (a) any User Contributions, or (b) breach by you or any user of your account or these Terms of Use or any representations, warranties and covenants contained in these Terms of Use. You shall cooperate fully and reasonably in the defense of any such claim. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
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WARRANTY DISCLAIMER:
THE PLANWELL PLATFORM ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF USE. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE PLANWELL PLATFORM. THE INFORMATION, FACTS, AND OPINIONS PROVIDED ARE NO SUBSTITUTE FOR PROFESSIONAL ADVICE.
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LIABILITY DISCLAIMER:
YOUR USE OF THE PLANWELL PLATFORM IS AT YOUR OWN RISK. THE COMPANY NOR ANY OF ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES OR LICENSORS (INCLUDING OUR INDEPENDENT CONTRACTOR CONTRIBUTORS) SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE PLANWELL PLATFORM AND THE INFORMATION AVAILABLE ON THE PLANWELL PLATFORM OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE PLANWELL PLATFORM. YOU HEREBY WAIVE ALL CLAIMS AGAINST THE COMPANY AND ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS (INCLUDING OUR INDEPENDENT CONTRACTOR CONTRIBUTORS) ARISING OUT OF YOUR USE OF THE PLANWELL PLATFORM AND THE INFORMATION AVAILABLE THEREON. IF, DESPITE THE LABILITY LIMITATIONS ABOVE, IF COMPANY IS FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF, OR IN ANY WAY CONNECTED WITH, ANY OF THE OCCURRENCES DESCRIBED ABOVE, THEN THE LIABILITY OF COMPANY WILL IN NO EVENT EXCEED, IN THE AGGREGATE, ONE-HUNDRED DOLLARS (US$100.00) OR THE EQUIVALENT IN LOCAL CURRENCY. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW
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Third-Party Links, Advertisements, Websites and Content:
The Company may provide you with convenient links to third party website(s) (“Third-Party Apps”) as well as content or items belonging to or originating from third parties (the “Third-Party Content”). These links are provided as a courtesy to users of the Planwell Platform. The Company has no control over Third-Party Apps and Third-Party Content or the promotions, materials, information, goods or services available on these Third-Party Apps. Such Third-Party Apps and Third-Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by the Company, and the Company is not responsible for any Third-Party Apps accessed through the Planwell Platform or any Third-Party Content posted on, available through or installed from the Planwell Platform, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third-Party Apps or the Third-Party Content. Inclusion of, linking to or permitting the use or installation of any Third-Party Apps or any Third-Party Content does not imply approval or endorsement thereof by the Company. If you decide to leave the Planwell Platform and access the Third-Party Apps or to use or install any Third-Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Planwell Platform to which you navigate from the Planwell Platform or relating to any applications you use or install from the Planwell Platform.
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Social Media Features.
The Planwell Platform may include features that connect to third party social media networks (“Social Media Networks”) and allow you to share or like content or services with your friends or other users of the Social Media Networks, or you may be able to connect your user account with your Social Media Networks’ accounts. To learn more about how your information may be shared with Social Media Networks or how your Social Media Networks’ account information may be shared with us, please read our Privacy Policy and the privacy policy or settings of the relevant Social Media Networks.
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Geographic Restrictions:
The Company is based the State of California in the United States. The Company makes no claims that the Planwell Platform or any of their Content are accessible or appropriate outside of the United States. Access to the Planwell Platform may not be legal by certain persons or in certain countries. If you access the Planwell Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
3. Disputes
These Terms of Use and any disputes arising out of or related to the Planwell Platform shall be governed by, and construed and enforced in accordance with, the laws of the State of California (without regard to conflict of law principles). In the event of any such dispute, you irrevocably consent to exclusive jurisdiction and venue in the courts located in the State of California, County of Alemeda.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE PLANWELL PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED AND YOU HEREBY AGREE TO WAIVE SUCH CAUSE OF ACTION OR CLAIM AFTER SUCH DATE.
Waiver and Severability
No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
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Entire Agreement:
The Terms of Use constitute the sole and entire agreement between you and the Company with respect to the Planwell Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Planwell Platform.
4. DMCA Copyright Policy
The Company deals with copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA). Company respects the intellectual property of others and asks that users of our Planwell Platform do the same. In accordance with the Digital Millennium Copyright Act (DMCA), if you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide us the following:
a description of the copyrighted work or other intellectual property that you claim has been infringed.
a description of where the material that you claim is infringing is located on the Planwell Platform.
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law.
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner behalf.
your address, telephone number, and email address; and
an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
It is the policy of the Company to disable the accounts of users who repeatedly post infringing material on the Planwell Platform.
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How to Contact Us:
This Planwell Platform is operated by Planwell Labs, Inc. All feedback, comments, requests for technical support and other communications relating to the Planwell Platform should be directed to: [email protected]