Terms of Service

Welcome to Smartplan!

These terms of service (“Terms” or “Agreement”) constitute a legally binding agreement between you and SmartplanAI, Inc. (“Smartplan”) that provides the terms that govern your use of our website, mobile application, and any related content and services (“Services”).

These Terms are legally binding, so please read them carefully. By using the Services in any manner, you accept and agree to be legally bound by these Terms.

Wherever used in these Terms, “you,” “your,” or similar terms means the person or legal entity using the Services. If you are using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms.

Whenever used in these Terms, “Smartplan,” “we,” “us,” or “our” means SmartplanAI, Inc.

We may update and change any or all of these Terms, in our sole discretion, including but not limited to the fees and charges associated with the use of the Services. If we do so, we will post the modified Terms, and we will notify you of any changes that, in our sole discretion, materially impact these Terms. Continued use of the Services after any such changes have been made shall constitute your consent to such changes. You are responsible for regularly reviewing the most current version of the Terms, which are available at smartplanai.com/terms. When we change these Terms, we will modify the “Last Updated” date above.

PRIVACY POLICY

Use of the Services is governed by our Privacy Policy, which is available at smartplanai.com/privacy and expressly incorporated herein. The purpose of our Privacy Policy is to identify the information we may collect about you, describe the uses we may make of your information and the security measures we take to protect it, and describe your options for controlling your information.

USER ACCOUNTS

To use the Services, you must create an account (“Account”). You agree to provide, maintain, and update true, accurate, current, and complete information about yourself as prompted by our Account registration process. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s email address, password, or other personal information, or another person’s name, likeness, image, or photograph. You agree to promptly notify us of any unauthorized use of your email address, password, or any other personal information, or any other breach of security that you become aware of involving or relating to the Services.

If you create an Account, you acknowledge that we will treat anyone who logs in using your Account as you. We will provide this user with all of the rights and privileges that we provide to you, and we will hold you responsible for all activities that occur under your Account with or without your knowledge. Therefore, we recommend that you maintain your Account information in confidence and that you refrain from disclosing this information to anyone.

We may, for security or other reasons, occasionally require you to change your username and/or password and issue new ones to you. We reserve the right to terminate your Account without notice if we become aware of any breach of these Terms.

You are solely responsible for maintaining the confidentiality and security of your password. You agree to notify us immediately if you suspect any unauthorized use of your password or unauthorized access to your Account. You are solely responsible for any and all actions taken using your username and/or Account.

FEES

The fees for any paid Services are as specified during the initial setup process or at any time that you order such Services from Smartplan. Smartplan reserves the right to modify its pricing and will notify you of any changes to pricing before they are implemented.

You agree to pay Smartplan the fees due each month as specified in the initial setup process or in any subsequent order form. Fees will commence upon the date of the commencement of Services and will be prorated for any portion of the first calendar month in which Services are provided.

Payments shall be due upon receipt of an invoice. Late payments shall accrue late charges at a rate of 1.5% per month, or the maximum rate allowed under law, whichever is lower, commencing as of the date of invoice until fully paid. Smartplan reserves the right to cease performing Services if you have a past due balance. Any costs of collection, including reasonable attorney’s fees, shall be borne by you.

TERMINATION

You agree that we may, in our sole discretion and subject only to applicable law: (1) terminate your Account or your ability to use the Services, at any time, without notice, for any reason, including but not limited to nonpayment, conduct violating any applicable law, these Terms, other policies or guidelines adopted by us and made available to you, or for any other reason whatsoever; and (2) remove and/or discard any content or materials, including but not limited to, any and all information, image files, or any other content submitted by you or on your behalf. Further, you agree that we shall not be liable to you or to any third party for any termination of your access to the Services.

GEOGRAPHIC RESTRICTIONS

Smartplan is based in the State of New York in the United States. We make no claim that the Services are accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

RESTRICTIONS ON USE OF THE SERVICES

You must be at least 18 years old to use the Services, or such greater age required in your country for you to be authorized to use the Services without parental approval.  

You may use and access the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services to:

• violate any applicable federal, state, local, or international law or regulation, including, without limitation, any law regarding the export of data or software to and from the United States or other countries.
• violate these Terms.
• promote any illegal activity, or advocate, promote, or assist any unlawful act.
• threaten, stalk, harm, or harass others, or promote bigotry or discrimination.
• submit, transmit, or otherwise make available any material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, offensive, or otherwise objectionable.
• exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• impersonate or attempt to impersonate Smartplan or our employees or representatives, other users, or any other person or entity, including, without limitation, by using email addresses or usernames associated with any of the foregoing.
• impersonate any person or entity or misrepresent your identity or affiliation with any person or entity.
• manipulate headers or identifiers to disguise the origin of any material submitted or transmitted to us.
• submit, transmit, or otherwise make available any material that you do not have the right to make available under any law or contractual or fiduciary relationship.
• submit, transmit, or otherwise make available any material that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
• transmit, or procure the transmission of, any advertising or promotional material without our prior written consent, including any junk mail, chain letter, spam, or any other similar solicitation.
• interfere with or disrupt the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services.
• introduce, upload, post, email, or otherwise transmit any viruses, Trojan horses, worms, logic bombs, other computer code, or material that may interrupt, destroy, limit the functionality of the Services, interfere with the access of any user of the Services, or is malicious or technologically harmful.
• circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content or features that enforce limitations on the use of the Services.
• otherwise attempt to interfere with the proper working of the Services.
• harvest or collect information about or from other users without their express consent and, if such consent is provided, only pursuant to applicable law.
• engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined solely by us, may harm users of the Services, or expose us, our affiliates, or users of the Services to liability.

We shall have the sole discretion to determine whether material provided by you constitutes prohibited material, and any material submitted to us may be examined at any time. You acknowledge that although we do not and will not examine and review all material submitted or transmitted to us, we have the absolute right (but not the obligation) to review, delete, move, and edit such material and content, or take any other appropriate action with respect to prohibited content and material, for any reason, at any time, without notice. Notwithstanding the above, when you use the Services, you acknowledge and agree that all material (whether private or public) that is provided to us and/or uploaded and/or stored via the Services is the sole responsibility of the person who submitted it. You understand that by using the Services, you may be exposed to material or content that you consider offensive and you take sole responsibility for such exposure.

We may suspend, delete, or terminate the accounts of users who participate in any prohibited uses or otherwise violate these Terms.

THIRD-PARTY SERVICES

The Services may integrate with or allow you to access or interact with third-party websites, applications, content, and other products and services. Their terms of use, end user license agreements, privacy policies, and such other agreements govern your use of those services.  Your use of any third-party services is at your own risk.

AVAILABILITY OF SERVICES

Use of the Services may be interrupted, for maintenance, repairs, upgrades, network or equipment failures, forces of nature, and other unforeseeable emergency and force majeure events. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time.

CONFIDENTIALITY

“Confidential Information” means information that one party discloses to the other party, and which is marked as confidential or would normally under the circumstances be considered confidential information. It does not include information that is independently developed by the recipient, is rightfully given to the recipient by a third party without confidentiality obligations, or becomes public through no fault of the recipient.

The recipient will only use the disclosing party’s Confidential Information to exercise the recipient’s rights and fulfill its obligations under these Terms, and will use reasonable care to protect against the disclosure of the disclosing party’s Confidential Information. The recipient may disclose Confidential Information only to its affiliates, employees, agents, or professional advisors (“Delegates”) who need to know it and who have agreed in writing (or in the case of professional advisors are otherwise bound) to keep it confidential. The recipient will ensure that its Delegates use the received Confidential Information only to exercise rights and fulfill obligations under these Terms.

Notwithstanding any provision to the contrary contained herein, the recipient may also disclose Confidential Information to the extent required by applicable Legal Process, provided that the recipient uses commercially reasonable efforts to (a) promptly notify the other party before any such disclosure of its Confidential Information, and (b) comply with the other party’s reasonable requests regarding its efforts to oppose the disclosure. Notwithstanding the foregoing, subsections (a) and (b) above will not apply if the recipient determines that complying with (a) and (b) could (i) result in a violation of Legal Process; (ii) obstruct a governmental investigation; or (iii) lead to death or serious physical harm to an individual. For purposes of the foregoing, “Legal Process” means an information disclosure request made under law, governmental regulation, court order, subpoena, warrant, or other valid legal authority, legal procedure, or similar process.

Promptly following termination of these Terms, Smartplan will permanently delete or destroy your Confidential Information in its possession. Smartplan will arrange to return to you any equipment owned by you that is in Smartplan’s possession, which will be subject to a return fee.

INTELLECTUAL PROPERTY

Smartplan IP. All right, title, and interest in the Services, Smartplan owned or licensed software, and any updates, upgrades, or modifications thereof, and in any ideas, know-how and programs developed by Smartplan or its licensors (collectively “Smartplan IP”) will remain the property of Smartplan or its licensors. You may use Smartplan IP only as provided herein and only in connection with the Services.

User Content. All text, images, drawings, photos, audio, video, and other content or information in any form that you submit, upload, store, or send in or through the Services, are referred to herein as “User Content.”

Smartplan does not assert any ownership over any User Content. Rather, as between you and us, subject to the license grant detailed below, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content. 
In providing any User Content, you represent that you have all rights necessary to provide such User Content without violation of any intellectual property or other rights or any laws or regulations. You further undrstand and agree that by providing any User Content in the Services, or otherwise providing any User Content to us, you are granting Smartplan and its affiliates a perpetual, worldwide, royalty-free, non-exclusive license to use, reproduce, publish, translate, modify, adapt, and distribute that content (in whole or in part) to the extent reasonably necessary to provide the Services, for the full term of any copyright that may exist in such User Content, and that the foregoing license includes a right for Smartplan to make such User Content available to third parties, in each case without any notice, compensation, or attribution to you, subject to our Privacy Policy and only to the extent reasonably necessary to provide the Services.

You further understand and agree that Smartplan may preserve User Content, and may also disclose User Content, including personally identifiable information (notwithstanding our Privacy Policy), if required to do so by law or in the good-faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms or any other applicable agreement or policy; (c) respond to claims that any User Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Smartplan, its users, and the public. Without limiting the generality of the foregoing, Smartplan may be required to disclose information pertaining to User Content to individuals asserting rights under the Digital Millennium Copyright Act, and you expressly authorize Smartplan to comply with any and all lawful notices, subpoenas, court orders, or warrants without prior notice to you.

Feedback. By submitting any ideas, suggestions, improvements, proposals, reviews, or testimonials in any form or medium, including as part of any live or recorded audio or video course, seminar, workshop, or question-and-answer session (“Feedback”), you assign all right, title, and interest in the Feedback, including without limitation any intellectual property rights therein, to Smartplan. You further represent and warrant that any Feedback that you submit does not contain any confidential or proprietary information of any third party and that Smartplan is under no obligation of confidentiality, express or implied, with respect to any Feedback submitted by you. If you intend to own the intellectual property rights in any Feedback, please do not submit the Feedback to us.

Third-Party Content. We occasionally provide users with free or discounted access to third-party content, websites, software, products, and/or services (“Third-Party Content”). We do not own and are not responsible for any Third-Party Content. All Third-Party Content is provided “as is” and you irrevocably waive any claim against us with respect to all Third-Party Content. You are solely responsible for your dealings with any third party related to the Services, including the delivery of and payment for goods and services.

Our Trademarks. The name “Smartplan” and all related names, logos, product and service names, designs, and slogans are trademarks of Smartplan or its affiliates or licensors (“Our Trademarks”). You may not use Our Trademarks without our prior written permission. All third-party names, logos, product and service names, designs, and slogans that appear in the Services are used for identification purposes only and are the trademarks of their respective owners.

Remedies. Each party acknowledges that a breach of this section would cause irreparable harm to the non-breaching party, the extent of which would be difficult to ascertain. Accordingly, you and Smartplan agree that, in addition to any other remedies to which the non-breaching party may be legally entitled, the non-breaching party shall have the right to seek immediate injunctive relief from a court of competent jurisdiction in the event of a breach or threatened breach of this section by the other party or any of its directors, officers, employees, service providers, licensors, consultants, or legal or financial advisors.

DISCLAIMER OF WARRANTIES

You understand that we cannot and do not guarantee or warrant that files available for downloading via the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Services for any reconstruction of any lost data.

SMARTPLAN AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES.

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER SMARTPLAN NOR ITS AFFILIATES MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, SMARTPLAN AND ITS AFFILIATES MAKE NO WARRANTY THAT (i) THE SERVICES SHALL MEET YOUR REQUIREMENTS, (ii) ACCESS TO THE SERVICES SHALL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES SHALL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SERVICES SHALL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE ACCESSED OR OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, OR SMARTPHONE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR ACCESS OF ANY SUCH MATERIAL.

SMARTPLAN HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF DESIGN, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, COURSE OF DEALING, COURSE OF PERFORMANCE, AND FITNESS FOR PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO SOME PORTION OF THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. IN SUCH STATES WARRANTIES ARE DISCLAIMED TO THE GREATEST EXTENT PERMITTED BY LAW.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SMARTPLAN OR VIA THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

No agent of Smartplan is authorized to incur warranty obligations on behalf of Smartplan or to expand or modify the limitations set forth herein.

LIMITATION ON LIABILITY

Smartplan shall not be liable, and you are solely responsible, for any access or usage charges charged by your internet or wireless carrier related to any smartphone, tablet, or other device that you use to access or use the Services.

IN NO EVENT SHALL SMARTPLAN, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, REPRESENTATIVES, MEMBERS, OR SHAREHOLDERS (THE “SMARTPLAN ENTITIES”) BE RESPONSIBLE OR LIABLE FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, OTHER HARM, OR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, TO YOU OR ANY OTHER PERSON ACCESSING THE SERVICES USING YOUR ACCOUNT OR USERNAME AND/OR PASSWORD, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICES OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT), INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR DAMAGES FOR PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES SMARTPLAN’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

SMARTPLAN’S TOTAL LIABILITY IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID FOR USE OF THE SERVICES DURING THE ONE-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THE CAUSE OF ACTION AROSE, AND YOU HEREBY RELEASE THE SMARTPLAN ENTITIES FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THIS LIMITATION. THE EXISTENCE OF ONE OR MORE CLAIMS SHALL NOT EXPAND THE ABOVE LIMITATION.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

GOVERNING LAW

We provide and control the Services from our offices within the State of New York in the United States of America. All matters relating to the Services and these Terms, and any dispute or claim arising therefrom or related thereto, including non-contractual disputes or claims, shall be governed by and construed in accordance with the internal laws of the State of New York. You agree to comply with all U.S. and foreign export control laws or regulations.

INFORMAL DISPUTE RESOLUTION

We prefer to resolve your concerns without resorting to formal legal procedures. Before filing a claim against us, you agree to try to resolve any dispute arising out of or relating to these Terms or the Services (each a “Dispute”) informally by contacting legal@smartplanai.com. We will attempt to resolve the Dispute informally by contacting you through email. If the Dispute is not resolved within 10 days after submission, you may bring a formal arbitration proceeding as outlined below.

ARBITRATION

Any Dispute that cannot be resolved informally shall be settled by binding arbitration administered in the English language by the American Arbitration Association in accordance with its Commercial Arbitration Rules in New York County, New York, except that, to the extent you have in any manner violated or threatened to violate our intellectual property or confidentiality rights, we may seek injunctive, monetary, or other appropriate relief in any state or federal court of competent jurisdiction (and we may assert both intellectual property causes of action and other appropriate causes of action in any such action), and you consent to exclusive jurisdiction and venue in such courts. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. Each party shall bear its own costs and disbursements arising out of the arbitration, and shall pay an equal share of the arbitrator’s fees. Notwithstanding the foregoing, the arbitrator is authorized to grant the prevailing party its reasonable expenses and attorneys’ fees.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Smartplan, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Services or your violation of any provision of these Terms, the rights of a third party, or any applicable laws, rules, or regulations. Smartplan reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Smartplan in asserting any available defenses.

FORCE MAJEURE

Smartplan shall not be liable for any failure or delay in performance of the Services (other than for delay in the payment of money due and payable hereunder) for causes beyond Smartplan’s reasonable control and occurring without Smartplan’s fault or negligence, including, but not limited to, acts of God, acts of government, flood, fire, civil unrest, acts of terror, pandemics, strikes or other labor problems (other than those involving our employees), or malicious acts, such as attacks on or through the Internet, any Internet service provider, telecommunications, or hosting facility. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.

ELECTRONIC COMMUNICATIONS

Using the Services or sending emails to Smartplan constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email or social media and via the Services, satisfy any legal requirement that such communications be in writing.

WAIVER

No waiver by Smartplan of any term or condition set forth in these Terms 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 Smartplan to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

SEVERABILITY

If any provision of these Terms 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 these Terms shall continue in full force and effect.

ENTIRE AGREEMENT

These Terms constitute the sole and entire agreement between you and us with respect to the Services and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Services. Neither the course of conduct between the parties nor trade practice will act to modify these Terms.

ASSIGNMENT

These Terms are not assignable, transferable, or sublicensable by you except with our prior written consent, but may be assigned or transferred by Smartplan without restriction. Any assignment attempted to be made in violation of these Terms shall be void.

HEADINGS

The section titles in these Terms are for convenience only and have no legal or contractual effect.

TRANSLATIONS

These Terms are written in United States English. Any translation provide by us is provided solely for your convenience. If any provision of any translated version of these Terms conflicts with the provisions contained in the English version, the English version controls.

RELATIONSHIP OF THE PARTIES

These Terms do not and will not be construed to create any partnership, joint venture, employer-employee, fiduciary, agency, or franchisor-franchisee relationship between you and Smartplan.

QUESTIONS OR CONCERNS

For questions or concerns about these Terms, please email us at legal@smartplanai.com.