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TERMS AND CONDITIONS OF USING THE PLANYO SITE

1. CODE OF CONDUCT

The Planyo Site created and owned by Xtreeme GmbH may only be used for lawful purposes. Violation of local, federal and international laws is strictly prohibited.

While using the Site, you agree not to:
- Restrict or inhibit any other visitor or member from using the Site, including, without limitation, by means of "hacking" or "cracking" or defacing any portion of any of the Site;
- Use the Site for any unlawful purpose;
- Express or imply that any statements you make are endorsed by us, without our prior written consent;
- Post, publish, reproduce or transmit (a) any content or information that is unlawful, fraudulent, threatening, harassing, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party's intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us); 
- Engage in spamming or flooding;
- Transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component;
- Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;
- Remove any copyright, trademark, or other proprietary rights notices contained in the Site;
- "Frame" or "mirror" any part of the Site without our prior written authorization;
- Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents; 
- Use the Site to gather information which will be used later to write specifications for similar products development;
- Store credit card numbers in the Site or other sensitive information which should only be stored where special security mechanisms are in place;
- Use the Site and specifically its API to create a competing product not restricted to a specific vertical market or geographic location

2. REFUSAL OR DISCONTINUANCE OF SERVICE

We reserve the right to refuse or discontinue service to anyone without notice if you engage in any conduct or activities that we believe violates any of the terms and conditions in this agreement. We shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that we have the right to monitor the service electronically from time to time and to disclose any information necessary to satisfy the law, or to protect the Site and its subscribers. We reserve the right to refuse to facilitate sales of any information or materials, in whole or in part, that are unacceptable, undesirable, or in violation of this agreement.

See https://www.planyo.com/faq.php?q=291 for more information about when we automatically remove inactive sites from our databases.

* ADDITIONAL PRO-COMM REQUIREMENTS *
In order to be able to use the PRO-COMM account type, you need to allow your customers to make valid online bookings. This means that the reservation form must be clearly accessible from your website and the completion of all the required steps of the booking process results in a valid reservation. You must also define pricing so that Planyo has a base for calculating the commission (contact us if not possible).

3. WARRANTY

We make no warranties or representations of any kind for the services being offered. The Site is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, noninfringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by the Site shall create a warranty. We provide no warranty that the Site will be uninterrupted or error free or that any information, software or other material accessible on or via the Site is free from viruses or other harmful components. Under no circumstances shall we be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the Site. If you are dissatisfied with our service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the Site.
The sole and exclusive maximum liability to you for all damages, losses, and causes of action, whether in contract, tort (including, without limitation, negligence), or otherwise, shall be the total amount paid by you, if any, to access the Site in the previous month.

4. INDEMNIFICATION

You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, including any violation of the Code of Conduct above; (b) any allegation that any materials that you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Site or any services related to the Site.

5. IDENTIFICATION

You agree that you as the person legally responsible for use of this account, are at least 18 years of age. You agree to supply us with a current and truthful company name and email address for our records, and you have a continued obligation to keep this information up to date.

6. PRIOR AGREEMENTS

This agreement supersedes any written, electronic, or oral communication you may have had with us and constitutes the complete and total agreement between the parties.

7. TERMINATION OF AGREEMENT

The provisions of Section 3 (WARRANTY) and Section 4 (INDEMNIFICATION) shall survive any termination of this agreement.

8. APPLICABLE LAW, JURISDICTION, AND SERVICE

This agreement shall be governed by the applicable Swiss and international laws.

9. ACKNOWLEDGEMENT

By creation of an account, or continuing to maintain an account on the Planyo Site you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them.

10. 30-DAY TRIAL

We offer a 30-day full-featured trial with no commitment or need to enter a credit card number. The trial is meant to give you a possibility to test all aspects of the system before you decide to use it in a production enviroment. If you want to start using Planyo in your production enviroment earlier, you need to inform us and we'll shorten your free trial period.

11. REFUND POLICY

You'll find our refund policy at https://www.planyo.com/faq.php?q=149

12. PRIVACY POLICY / GDPR

We (acting as data processor) store and process personal information of your customers in your name (where you act as data controller). Both data processors and data controllers must comply with the legal regulations (GDPR in the EU). You are therefore responsible for the way in which you use the personal information and you are responsible to inform your customers about how their personal information is used. We only use personal information of your customers for the purpose of providing the functionality of an online booking system, according to the functionalities you decide to use for your Planyo site, including sending out automated emails to your customers in your name, creating reports, allowing you to use integrations with other cloud systems and others. We will not use the personal information for any other purposes. We will not store any personal information after the deletion of your Planyo site. The personal information is stored on Amazon's AWS servers (Switzerland region) and is not shared with other parties/subcontractors. We impose confidentiality obligations on all persons having access to the personal information. We also ensure high standards of security to keep the personal information safe.

See https://www.planyo.com/privacy.php for our privacy policy.
See https://www.planyo.com/faq.php?q=310 for information about how to request personal information kept on file and request its removal.
See https://www.planyo.com/faq.php?q=311 for GDPR and privacy-related issues, e.g. a listing of organizations/entities having access to private data.

COMPANY INFORMATION
Xtreeme Sagl
Via Cantonale
CH-6633 Lavertezzo
Switzerland
Swiss company identification number: CHE-103.614.475
Date of entry into the Swiss registry: 28.10.1997
Company is registered in the canton of Ticino, CEO Rafael Zwiegincew
phone: ++41 91 746 1031
email: planyo [at] xtreeme.com

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