Terms of Service
Effective date: September 16, 2021.
Welcome to Aisle Planner. The following document is intended to explain our obligations as a service provider and your obligations as a user or subscriber.
1. Acceptance of Terms of Service.
a. By registering for and/or using any of the Services in any manner, including but not limited to visiting or browsing the Site, you agree to these Terms of Service without any modification or qualification and all other operating rules, policies and procedures that may be published from time to time on the Site by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you. Your continued use of the Site after such modifications will constitute your acknowledgement of the modified Terms of Service and agreement to be bound by the modified Terms of Service. IF YOU ARE DISSATISFIED WITH THE TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES OR PRACTICES OF OPERATING OUR SERVICE, UNLESS EXPRESSLY SET OUT IN THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. If for any reason you are unable to meet all the conditions set forth in these Terms of Service, or if you breach any of the Terms of Service contained herein, your permission to use Aisle Planner or access any of the Services immediately lapses.
b. Some of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.
c. These Terms of Service apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.
To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms of Service. You represent and warrant that you are at least 18 years of age. If you are under age 18, you may not, under any circumstances or for any reason, use the Services.
We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities). You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.
In order to use the Service, you may be required to provide your name, email address, username, password and other information that may be deemed personal to create an account ("Account"). You agree, represent and warrant that any registration information you provide on the Site will always be true, accurate, complete and up to date. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene.
4. Electronic Delivery
By accepting this Terms of Service, you agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Communications”) that we provide in connection with your Account and your use of the Service. Communications include but are not limited to:
- Product and service updates;
- Confirmations and Transaction receipts;
- Communication in relation to delinquent accounts (which may also be by phone and text, and may be made by Aisle Planner or by anyone on its behalf, including a third-party collection agent);
- Account statements and history; and
- Federal and state tax statements.
We will provide these Communications to you by email or by text message at the primary email address or phone number listed in your Account registration, (and/or) by emailing or texting you a link or instructions on how to access them on a website, (and/or) by posting them on the Website. Communications are considered received by you within 24 hours of the time they are emailed or texted to you, or posted to our Website. You further agree that your electronic signature has the same effect as your manual, physical signature.
By registering for an Account, you are confirming that you are able to receive, open, and print or download a copy of any Communications for your records. It is important for you to retain copies of Communications because they may not be accessible in your Account at a later date.
5. Software Access; License.
a. Software Access. We will provide access, on a hosted basis, to the Software via an online user interface, in accordance with our publicly available information located on our website. The date you register and, if you are signing up for Paid Services (as defined in Section 10 below), provide payment information, shall be the effective date of this Agreement ("Effective Date"). We shall provide you the necessary connectivity standards, security policies, network links, or other necessary procedures, as may be necessary for you to access the Software. We shall use commercially reasonable efforts to host and make available the Software, provided that nothing herein shall be construed to require us to provide for, or bear any responsibility with respect to any telecommunications or computer network hardware required by you to provide access from the Internet to the Software.
You shall be solely responsible for providing and maintaining all hardware and software and other requirements for your use of the Software. We may, without notice or liability, add, discontinue or revise any aspect, mode or design of the Services which include but not limited to the scope of service, time of service, or to the software/hardware required for access to the Services.
You shall be solely responsible for all dealings with participants or users of the Services. Although our Site and other Services are normally available, there will be occasions when our Site or our Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond our control.
b. Ownership. The Services and all intellectual property rights in the foregoing, are our exclusive property or that of our suppliers. Intellectual property rights means any and all now known or hereafter existing (a) rights associated with works of authorship, including copyrights, mask work rights, and moral rights; (b) trademark or service mark rights; (c) trade secret rights; (d) patents, patent rights, and industrial property rights; (e) layout design rights, design rights, and other proprietary rights of every kind and nature; and (f) all registrations, applications, renewals, extensions, or reissues of the foregoing, in each case in any jurisdiction throughout the world.
All rights in and to the Services not expressly granted to you in these Terms of Service are reserved by us and our suppliers. Except as expressly set forth herein, no express or implied license or right of any kind is granted to you regarding the Services, or any part thereof, including any right to obtain possession of any source code, data or other technical material relating to the Services. If you provide us any feedback or suggestions regarding the Services ("Feedback"), you hereby assign to us all rights in the Feedback and agree that we shall have the right to use such Feedback and related information in any manner it deems appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary.
6. Support Services.
Technical support for the Paid Services is described in and is available through our Help Center (the “Support Services”). The cost of the Support Services is included in the fees charged for the Paid Services. In the event you require any additional services, such as project management, custom configuration, training, custom modification, consulting, systems integration or other services (the “Add-On Services”), the terms and conditions of these Terms of Service shall apply to the Add-On Services; provided, however, to the extent the costs for such Add-On Services are not publicly posted on the Site, the parties shall first agree upon the costs of such Add-On Services. You acknowledge that the Support Services and the Add-On Services require, and are contingent upon, your timely notification to, and reasonable cooperation with, us, as may be applicable.
a. Definition. For purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this Agreement, “Content” also includes all User Content (as defined below).
b. User Content. All Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.
c. Notices and Restrictions. The Services may contain Content specifically provided by us, our partners, suppliers or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
d. Use License. Subject to these Terms of Service, we grant each user of the Services a worldwide, non-exclusive, non-sub-licensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.
e. License Grant. By submitting User Content through the Services, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sub-licensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Site, the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Site or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your Account or the Services. You also hereby do and shall grant each user of the Site and/or the Services a non-exclusive, perpetual license to access your User Content through the Site and/or the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content, including after your termination of your Account or the Services. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third-party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
f. Availability of Content. We do not guarantee that any Content will be made available on the Site or through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason or for no reason at all and (ii) to remove or block any Content from the Services.
g. In the event that you have a good faith belief that your copyrights have been violated by the use or display of certain content, it is our policy to investigate and promptly undertake efforts to resolve the issue. To notify us regarding an alleged copyright violation, you must provide us with all of the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (ii) identification of the copyrighted work(s) claimed to have been infringed, and information reasonably sufficient to permit us to locate the material; (iii) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (iv) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (v) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to our designated agent at:
Aisle Planner Inc.
PO Box 34
Cardiff, CA 92007
8. Conditions of Usage.
a. You agree to use our Services for the purposes that were intended and only in accordance with this Terms of Service.
b. If you create an account on behalf of a business and are not the business owner, you represent and warrant that you are an authorized agent of the business entity and that you have been authorized and/or directed by the business's principals to open the account on behalf of the business entity.
c. You are solely responsible for keeping your username, password, account details, and all information associated with your Account, secure and confidential. You are solely responsible for any and all activity that occurs on your Account and agree to notify us immediately of any unauthorized access to or use of your Account. You agree to hold harmless and release us from any loss or liability whatsoever that you may incur as a result of someone other than you using your Account, either with or without your knowledge. You agree to indemnify us for any damages, claims or liabilities whatsoever that we may incur as a result of activities that occur on or through your Account.
d. You, at your sole discretion, may provide access to certain of our Services to your authorized users (“Planning Partners”). A Planning Partner is someone designated by you via the Invite User functionality available in Aisle Planner to create an adjoining account. Such authorization does not require that you share your personal sign in credentials with your Planning Partners, as they will create an adjoining account with their own unique sign in credentials. Such Planning Partners may have access to your Account and Account information and perform various tasks which include but are not limited to creating, editing and deleting content, as well as creating, revising and sending quotes, contracts, invoices, and any other lawful tasks that you may prescribe with your Account. You agree to hold harmless and release us from any loss or liability whatsoever that you may incur as a result of an Planning Partner’s use of your Account. You agree to indemnify us for any damages, claims or liabilities whatsoever that we may incur as a result of activities that occur on or through your Account.
e. You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Content, that:
- infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
- you know is false, misleading, untruthful or inaccurate;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
- contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
- impersonates any person or entity, including any of our employees or representatives; or
- includes anyone’s identification documents or sensitive financial information.
f. You agree that you will not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third-party service providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or “spam” on the Services; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; (vi) harvest or scrape any Content from the Services; or (vii) otherwise take any action in violation of our guidelines and policies.
g. You agree that you will not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application or the Software), (ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
h. We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.
9. Third Party Services and Users.
a. Third Party Services. The Services may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Services. When you access third-party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators.
b. Third Party Users. Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
10. Paid Services, Payments and Billing.
a. Paid Services. Certain portions of our Services may be accessible through a paid subscription now or in the future collectively referred to as “Paid Services.” For more information on our subscription plans, please see our website for a description of the current Paid Services. Any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of this Agreement and covered by these Terms of Service. We may from time to time deem it necessary to change our subscription fees and billing methods. We will provide you with notice of any change in your pricing at least thirty (30) days in advance at which time you will have the option to accept the change or terminate your subscription (Paid Services) portion of your Account.
b. Billing. We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Account on the Services (your “Billing Account”) for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the specific Payment Processor that is processing your payments. By choosing to use a Paid Service(s), you agree to pay us for the Services selected, in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment method (your “Payment Method”). You agree to make payment using that selected Payment Method.
c. Payment Methods. Our Paid Services are processed through our partnerships with our Payment Processors. We reserve the right to add or delete Payment Methods and/or modify requirements for any Payment Methods. We will provide you with notice of any changes to Payment Methods at least thirty (30) days in advance of any changes being enacted and will do our best to provide alternatives to ensure uninterrupted access to Services.
d. Recurring Billing. Some of the Paid Services may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation.
THROUGH ACCEPTANCE OF OUR TERMS OF SERVICE, YOU AUTHORIZE US TO SUBMIT PERIODIC CHARGES ACCORDING TO YOUR SELECTED SUBSCRIPTION PLAN WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) OF TERMINATION OF THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. YOU MAY TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD FROM THE SUBSCRIPTIONS & BILLING TAB, WITHIN YOUR USER SETTINGS MENU.
e. Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USERNAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE FROM THE SUBSCRIPTIONS & BILLING TAB, WITHIN YOUR USER SETTINGS MENU. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.
f. Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), we shall provide notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
11. Payment Processing Services.
a. Payment Processing. As part of the Paid Services, you may be able to request payments and send and receive payments through the Services to other users of the Services or third parties. Payment Processing Services are provided by Stripe, Inc. (“Stripe"). We are not responsible or liable for any transactions that take place through the Services or liable for collecting, processing or paying any fees relating to the transactions processed via the Payment Processing Services.
The use of the Payment Processing Services are subject to separate policies, standards or guidelines, and require that you accept additional terms and conditions. To use the Payment Processing Services through Stripe, you must register with Stripe as a merchant through your Account and become a party to the Stripe Connected Account Agreement.
b. Setup. You must set up you payment services account (“Merchant Account”)within the Payment Processor via the Services, which may require identity verification for you personally (and/or) the business entity you represent, which may include asking user to provide a form of government identification (e.g. driver’s license or passport), business registration documentation, personal identifiers such as (but not limited to) your date of birth, your address, and other information requiring you to take steps to confirm ownership of your business identity, your domain, email address and bank account, as well as Payment Methods or methods of receiving payment; or attempting to screen your information against third party databases for the purpose of identity verification. We reserve the right to close, suspend, or limit access to the Payment Processing Services in the event we are unable to obtain or verify any of this information.
c. Taxes. You are responsible for any and all taxes, government fees and/or other transaction related fees. We are NOT responsible or liable for collecting, documenting, processing or payment of any taxes or fees relating to the transactions processed through the Services.
d. Processing Fees. Processing fees relating to Payment Processing Services can be found in our Help Center.
e. Processing Transactions. Disputes, Refunds, Reversals. You may only submit Charges through the Payment Processing Services that are authorized by your Customers. To enable us to process Transactions for you, you authorize and direct us, our affiliates, the Payment Method Providers and Payment Method Acquirers to receive and settle any payment processing proceeds owed to you through the Payment Processing Services. Except where the Payment Processor and a Customer have otherwise agreed, you maintain the direct relationship with your Customers and are responsible for: (i) acquiring appropriate consent to submit Charges through the Payment Processing Services on their behalf; (ii) providing confirmation or receipts to Customers for each Charge; (iii) verifying Customers’ identities; and (iv) determining a Customer’s eligibility and authority to complete Transactions. However, even authorized Transactions may be subject to a Dispute. As such, You accept full liability and financial responsibility for returning any disputed payments to the card issuer. Aisle Planner and the Payment Processor are not responsible for or liable to you for authorized and completed Charges that are later the subject of a Dispute, Refund, or Reversal, are submitted without authorization or in error, or violate any Laws.
You are responsible to us and the Payment Method Provider for all Disputes, Refunds, Reversals, Returns, or Fines regardless of the reason or timing. We may decline, at our sole discretion, to act upon a Refund instruction, or delay execution of the instruction.
You may have the ability to challenge a Dispute by submitting evidence through an Aisle Planner customer care agent at email@example.com. We may request additional information to provide to Payment Method Providers and Payment Method Acquirers to assist you in contesting the Dispute, but we cannot and will not guarantee that your challenge will be successful.
f. Liability. By applying for and agreeing to use our payment processing platform, you accept and assume full liability for any and all charges (and associated fees) relating to the processing of payments through the payment processing platform. This includes but is not limited to losses that may occur from fraud, disputes or anything that results in a reversal of charge. A Reversal for a Charge may be issued if the Charge is made without the account owner’s authorization or in connection with a Prohibited Business, violates the applicable Payment Method Rules, or for other applicable reasons. In the event of a reversal of charge, you agree to pay, reimburse and/or settle any outstanding money owed to us and/or the Payment Processor, regardless of circumstance, within 30 days.
g. Your Relationship with Your Customers. You may only use the payment processing platform for transactions relating directly to the products or services offered to your customers through us. If it is determined at any time you are using the payment processing system to process payments for products or services of any kind not related to the products and services you publicize and sell through us, we reserve the right to suspend and ultimately terminate your Account.
We provides access to payment processing services to you but we have no way of knowing if any particular purchase, sale, donation, order, or other transaction (each a “Transaction”) is accurate or complete, or typical for your business. You are responsible for knowing whether a Transaction initiated by you or your Customer is erroneous (such as a Customer purchasing one item when they meant to order another) or suspicious (such as unusual or large purchases, or a request for delivery to a foreign country where this typically does not occur). If you are unsure if a Transaction is erroneous or suspicious, you agree to research the Transaction and, if necessary, contact your Customer before fulfilling or completing the Transaction. You are solely responsible for any losses you incur and liable for any costs incurred by us on your behalf due to erroneous or fraudulent Transactions in connection with your use of the Services.
We are not responsible for the products or services you publicize or sell, or that your Customers purchase using the Services. You affirm that you are solely responsible for the nature and quality of the products or services you provide, and for delivery, support, refunds, returns, and for any other ancillary services you provide to your Customers.
h. Cardholder Data Security. For the security of Cardholder Data that is collected, transmitted, stored, or processed by us and Payment Processing Services on your behalf, you acknowledge and agree that you are prohibited from entering or storing cardholder data into any form or data entry fields in your Account, except into appropriate fields intended solely for that purpose. Appropriate fields are clearly marked with labels such as “card number” and it is not permissible to store cardholder data in fields with labels such as “note.” You assume all responsibility for any cardholder data entered into your Account in violation of this Agreement. “Cardholder Data” is defined as being the cardholder’s bank account or card number, and where a full unmasked card number is present, any of the cardholder name, expiration date, and/or billing address, city and postal code.
i. Tracking Payments Collected Outside of Aisle Planner. We allow you to track manual check and cash payments as well as payments received and refunds issued outside of the Payment Processing Services and your Account and apply these payments to your invoices within your Account. We do not warrant that these records are accurate, complete, reliable, current or free of errors.
j. Suspension and Termination of Payment Processing Services. We reserve the right to suspend access to the Payment Processing Services and your ability to access funds in your Merchant Account, or terminate this Agreement, if (i) we determine in our sole discretion that you are ineligible for the Services because of significant fraud or credit risk, or any other risks associated with your Account; (ii) you use the Services in a prohibited manner or otherwise do not comply with any of the provisions of this Agreement; (iii) any Law, Payment Method Provider or Payment Method Acquirer requires us to do so; or (iv) we are otherwise entitled to do so under this Agreement.
k. Effects of Termination. Termination does not immediately relieve you of obligations incurred by you under this Agreement. Upon termination, you agree to (i) complete all pending Transactions, (ii) stop accepting new Transactions. Your continued or renewed use of the Services after all pending Transactions have been processed serves to renew your consent to the terms of this Agreement. If you terminate this Agreement, we will pay out any remaining funds owed to you. In addition, upon termination you understand and agree that (i) all licenses granted to you by Aisle Planner and Payment Processing Services under this Agreement will end; (ii) we reserve the right (but have no obligation) to delete all of your information and account data stored on our servers; (iii) we will not be liable to you for compensation, reimbursement, or damages related to your use of the Services, or any termination or suspension of the Services or deletion of your information or account data; and (iv) you are still liable to us for any taxes, fees, fines, or other financial obligation incurred by you prior to termination.
12. Account Termination
a. If you wish to terminate your Account, you may do so by following the instructions on the Site or through the Services. Any fees paid hereunder are non-refundable and are not prorated. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability. For more information regarding our current specific termination policies, please visit our Help Center or contact us at firstname.lastname@example.org.
For all cancelled subscriptions, voluntarily closed accounts, involuntarily closed accounts or abandoned accounts, we reserve the right to terminate access to all or any part of the Services and permanently delete any and all data associated with your Account, this includes but is not limited to User Content and Marketplace Listings.
b. We reserve the right, at our sole discretion, to terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your Account. This includes our right to force forfeiture of any username or Account that becomes inactive, delinquent, violates trademark, or may mislead other users.
c. For unpaid accounts with access to Aisle Planner’s free features, as a courtesy, we will maintain the data for up to ninety days (90) regardless of activity. If there is no activity in an Account for ninety consecutive days (90), we reserve the right to terminate the account and delete any and all data associated with your account. Before doing so, we will attempt to notify you via electronic correspondence by emailing the registered email address. If you do not respond to the notice within the time period specified in the notice, we may close your account and delete any and all data associated with your account.
13. Warranty Disclaimer.
THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, or otherwise from your User Content, violation of these Terms of Service, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
15. Limitation of Liability.
IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF (A) FEES PAID TO US FOR THE PARTICULAR SERVICES DURING THE IMMEDIATELY PREVIOUS THREE (3) MONTH PERIOD OR (B) $500.00.
16. Governing Law and Jurisdiction.
This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to applicable principles of conflicts of law to the extent that the application of the laws of another jurisdiction would be required thereby. In case of any dispute related to this Agreement, the parties agree to submit to personal jurisdiction in the State of Delaware. Furthermore, the parties hereby irrevocably and unconditionally submit to the exclusive jurisdiction of any court of the State of Delaware or any federal court sitting in the State of Delaware for purposes of any suit, action or other proceeding arising out of this Agreement. THE PARTIES HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHTS TO A TRIAL BY JURY IN ANY ACTION, SUIT OR OTHER PROCEEDING ARISING OUT OF OR RELATING TO THE TERMS, OBLIGATIONS, AND/OR PERFORMANCE OF THIS AGREEMENT.
We reserve the right, in our sole discretion, to modify or replace any of these Terms of Service, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. It is your responsibility to check these Terms of Service periodically for changes. Your continued use of the Services following any changes to these Terms of Service constitutes acceptance of those changes, which will apply to your continued use of the Services going forward. Your use of the Services is subject to the Terms of Service in effect at the time of such use.
a. Entire Agreement and Severability. These Terms of Service are the entire agreement between you and us with respect to the Services, including use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder
b. Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
c. Assignment. These Terms of Service are personal to you, and are not assignable, transferable or sub-licensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
d. Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect.
e. Notices. Unless otherwise specified in these Terms of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to email@example.com.
f. No Waiver. Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
g. Headings. The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation.
Contact. You may contact us at the following address: PO Box 34 Cardiff By the Sea, CA 92007
Effective Date of Terms of Service: September 16, 2021.
Effective Date: September 16, 2021.
This page is used to inform website visitors regarding our policies concerning the collection, use, and disclosure of Personal Information if you decide to request information, services or support services through our websites.
You do not have to give us personal information to visit our websites.
Information Collection and Use
- What information we gather;
- How we gather information;
- How we use information;
- With whom we may share information;
- Security of the information;
- Storage of the information;
- Your rights and choices; and
- Contact Information.
Please note that we may update this statement without notice from time to time by posting the updated terms on our websites. You are responsible for periodically reading this statement. If you use our websites after we have updated this statement, you acknowledge that you have read the updated terms and consent to our revised privacy practices.
If you are a resident of the State of California, please also read Your California Privacy Rights below to understand additional rights you may have pursuant to California Civil Code Section 1798.83 and the California Consumer Privacy Act of 2018.
Information we gather and track.
We may collect two types of information from you and other registered users of our websites: (1) "personally identifiable information" and (2) “non-personally identifiable information”.
"Personally identifiable information" is information that identifies you personally, such as your name, address, telephone number, email address, or company name.
"Non-personally identifiable information" can be technical information, such as aggregated tracking information derived mainly by tallying page views throughout our site, or it can be demographic information. Non-personally identifiable information does not identify you personally. If you do provide us with non-personally identifiable information, we may use it for the purposes described in this statement or for any other legal purpose.
We do not offer services directed to children. Should an individual whom we know to be a child under age 18 send personally identifiable information to us, we will take measures to remove that user's personal information from our databases. From time-to-time we may come into contact with persons under the age of 18 as may be necessary in the performance of our contractual obligations. In such instances we take reasonable efforts to not collect or store any personally identifiable data of such persons, but rather de-identify and anonymize such data of persons under the age of 18.
How we gather and track information.
Personally Identifiable Information.
As part of the registration process, we collect your company and/or trade name, contact name, telephone number, principal address and email address.
As part of the utilization of the Aisle Planner services by you, we store in our databases certain information regarding your customers and prospective customers, including name, telephone number and/or email address. In some cases individual preferences and requirements will also be maintained as part of the customer or potential customer profile.
From time-to-time visitors to our websites who are not registered users may request information about our sites and services and provide their name and email address. We collect and retain that information.
Non-Personally Identifiable Information.
Log Files. As is true of most web sites, we gather certain information automatically and store it in log files. This information includes Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data.
How we use Information we gather and track.
Personally Identifiable Information.
We use personally identifiable information that we gather from registered users and store in our databases (whether the personally identifiable information relates to the registered user or any customers or potential customers of the registered user) solely to provide the service and functionality for which registered users subscribe. Under no circumstances do we divulge any personally identifiable information to any other registered user or to any third party other than our service providers. So, for example, we use your personally identifiable information:
To authorize your access to appropriate services, pages, screens and data in our system;
To send promotional materials to your customers and potential customers that you have requested that we send on your behalf;
To communicate with you regarding our sites and services, new services and changes to our sites and services that we may make from time to time;
To provide customer and technical service to you;
To comply with law, or in the good faith belief that such action is necessary to conform to the requirements of law, or comply with legal process served on us, and to protect and defend our rights or property, including our rights and property and our websites, or act in urgent circumstances to protect the personal safety of you and our other visitors; and
To protect against fraud or potential fraud.
We use name and email addresses provided by visitors to our websites who expressly request information from us in order to provide the requested information to them.
Non-Personally Identifiable Information.
We use non-personally identifiable information that we gather and track to analyze trends, to administer the site, to track users’ movements around the site and to gather demographic information about our user base as a whole.
We do not link this automatically collected data to personally identifiable information.
We may create aggregate reports on user demographics and traffic patterns for advertisers, sponsors, and partners. This allows our partners to be more effective and allows our users to receive information that is pertinent to their needs.
We will not divulge or share any financial or accounting-related data input by our registered users and stored in our databases to any other registered user or to any third party at any time.
With whom we may share information.
We may share, as controller or as processor providing services at the direction of our clients, your personal data to third parties who perform services on our behalf, including our technology providers, payment card processor, administrative personnel and providers and professional advisors.
Aisle Planner uses a limited number of third-party service providers to assist us in providing our services to customers. These third-party providers assist with the transmission of data and provide data storage services. These third parties may access, process, or store personal data in the course of providing their services. Aisle Planner maintains contracts with these third parties restricting their access, use and disclosure of personal data.
If you are a subscriber and have opted to use our payment processing, we may require additional information from you in order to collect payments on your behalf and provide payments to you. We use a third-party payment processor, who will require the collection of payment information for you from your customers, your vendors, and other parties to whom we provide payments on your behalf and from whom we collect payments on your behalf. This information is used solely to collect and provide payments related to these Services and is stored by the payment processing service (not Aisle Planner). To review the terms of service and privacy policies of these providers please visit Stripe. We cannot guarantee that there will not be a security breach of the payment processing company.
We may disclose information if we have a good faith belief that disclosure is necessary by law or the legal process, to protect and defend our or others’ interests or property, or to enforce agreements you or our clients enter into with us. Aisle Planner may be required to disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
In the event Aisle Planner goes through a business transition, such as a merger, acquisition by another company, or sale of all or substantial portion of its assets, your personally identifiable information will likely be among the assets transferred.
Security of this information.
We follow generally accepted industry standards to protect the personally identifiable information as well as the financial data submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your information, we cannot guarantee its absolute security.
If we learn of a breach of our security system or processes, we may attempt to notify you electronically so that you can take appropriate protective steps. By using our websites, or providing personally identifiable information to us through them, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of our websites. In the event of a breach, we may post a notice on our websites and/or send you an email at the email address you provided.
YOU MAY HAVE ADDITIONAL RIGHTS TO RECEIVE WRITTEN NOTICE OF SECURITY BREACHES UNDER APPLICABLE LAW OF YOUR JURISDICTION.
Storage of Information
We retain the personal data we collect for so long as reasonably necessary to fulfill the purposes for which the data was collected, to perform our contractual and legal obligations, and for any applicable statute of limitations periods for the purposes of bringing and defending claims.
Legal Basis for Processing
We rely on the following legal grounds to process your personal information:
Performance of a contract. We may need to collect and use your personal information and the personal information of your customers, as applicable, to perform our contractual obligations. When we process personal data on behalf of third parties, we do so pursuant to agreements with such third parties.
Your rights and choices.
We communicate with our registered members on a regular basis via email. For example, we may use your email address to confirm your request, to send you notice of payments, to send you information about changes to our products and services, and to send notices and other disclosures as required by law. Users can opt-out of all email communications from Aisle Planner by contacting us. We will process your unsubscribe request as soon as possible, but please be aware that in some circumstances you may receive a few more messages until your request is processed. You also may opt-out of receiving such emails by clicking on the "unsubscribe" link within the text of the applicable email.
You may contact us to request information about the personal data we have collected from you and to request the correction, modification or deletion of such personal information, which requests we will do our best to honor subject to any legal and contractual obligations.
Our Director for Compliance is responsible for our privacy programs.
For information about the personal data we have collected from you and to request the correction, modification or deletion of such personal information, please email firstname.lastname@example.org or request by mail addressed to:
Fullsteam Operations LLC
540 Devall Drive, Suite 301
Auburn, AL 36832
Subject to local law, you may have additional rights under the laws of your jurisdiction regarding your personal data, such as the right to complain to your local data protection authority.
Data processed: Company provides online tools that our customers use to operate their services businesses, including by providing access to certain of those tools to their own customers. In providing these tools, Company processes data our customers and our customers’ customers submit to our web services or instruct us to process on their behalves. While Company’s customers and their customers’ customers decide what data to submit, it typically includes information about their customers, sales prospects, point of sale services, inventory management, and goods ordering.
Purposes of data processing: Company processes data submitted by our customers and our customers’ customers for the purpose of providing Company’s online services to them. To fulfill these purposes, Company may access the data to provide the services, to correct and address technical or service problems, or to follow instructions of the customer who submitted the data, or in response to contractual requirements.
Inquiries and complaints: If you believe Company maintains your personal data in the Company web services within the scope of the GDPR or applicable law of another jurisdiction, you may direct any inquiries or complaints concerning our compliance to our address noted above. Company will respond within 45 days. We are committed to respond to complaints and to provide appropriate recourse at no cost to you.
Third parties who may receive personal data: Company uses a limited number of third-party service providers to assist us in providing our services to customers. These third-party providers assist with the transmission of data and provide data storage services. These third parties may access, process, or store personal data in the course of providing their services. Company maintains contracts with these third parties restricting their access, use and disclosure of personal data in compliance with our obligations, and Company may be liable if they fail to meet those obligations and we are responsible for the event giving rise to the damage.
Your rights to access, to limit use, and to limit disclosure: Residents of the EU, Iceland, Lichtenstein and Norway and certain other jurisdictions have rights to access personal data about them, and to limit use and disclosure of their personal data. Company has committed to respect those rights. Because Company personnel have limited ability to access data our customers submit to our services, if you wish to request access, to limit use, or to limit disclosure, please provide the name of the Company customer who submitted your data to our services. We will refer your request to that customer, and will support them as needed in responding to your request.
Compelled disclosure: Company may be required to disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
Third-Party Websites and Advertisers.
Our websites may contain links to third-party websites. While we endeavor to work with third-parties that share our respect for user privacy, we are not responsible for the websites or privacy practices of such third-parties. We may also use third-party advertisers, ad networks, and other advertising, marketing, and promotional companies, to serve advertisements on our websites. Such third parties may gather information about your visit to our websites or other websites, monitor your access to or market products or services to you, monitor the ads you view, click-on, or interact with, when they were delivered, and the screens and pages that they are on.
California Residents - Your Privacy Rights
California Information-Sharing Disclosure
(As provided by California Civil Code Section 1798.83)
A California resident who has provided personal information to a business with whom he/she has established a business relationship for personal, family, or household purposes ("California customer") is entitled to request information about whether the business has disclosed personal information to any third parties for the third parties' direct marketing purposes. In general, if the business has made such a disclosure of personal information, upon receipt of a request by a California customer, the business is required to provide a list of all third parties to whom personal information was disclosed in the preceding calendar year, as well as a list of the categories of personal information that were disclosed.
California customers may request further information about our compliance with this law by e-mailing email@example.com. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through this e-mail address.
California Do Not Track Disclosure:
California Consumer Additional Information under California Consumer Privacy Act of 2018 (“CCPA”)
You will not receive discriminatory treatment by us for exercising your privacy rights conferred on you by the CCPA.
You have certain additional rights regarding your personal information, pursuant to California law. These include the rights to:
- receive a list of the categories of personal information we have collected about you;
- receive a list of the categories of sources from which your personal information was collected;
- receive a list of the categories of your personal information that we have disclosed for a business purpose;
- receive a list of the categories of third parties to whom your personal information was disclosed for a business purpose;
- know the business or commercial purpose for collecting your personal information;
- receive a list of specific personal information we collected and for what purposes;
- have your personal information deleted by us and direct our service providers to delete your information. However, it may be retained pursuant to an allowed exception if applicable;
- know if personal information was collected from sources other than from you and the categories of sources from which the information was obtained; and
- receive your personal information in a usable electronic format and transmit it to a third party (right to data portability).
Please submit your request for information or deletion of information concerning you as noted below. In order to provide you with your requested information or to delete the information which we have concerning you, we must be able to verify that you are the person requesting the information or deletion. With your request please provide at least two items of information which you have previously provided to us for us to use for verification of your identity. If this is not sufficient, we will contact you for additional means of verification.
You may designate an authorized agent to make a request for you. If your agent has a power of attorney pursuant to California Probate Code sections 4000 to 4465, please provide proof to the same. If your agent does not have a power of attorney pursuant to California Probate Code sections 4000 to 4465, we will require you to provide the authorized agent written permission to make the request, verify your own identity directly with us and require your agent to submit proof that they are authorized by you to act on your behalf.
For information concerning you or for deletion of information concerning you, please email firstname.lastname@example.org or request by mail addressed to:
Fullsteam Operations LLC
Attn. Compliance CCPA
540 Devall Drive, Suite 301
Auburn, AL 36832
Jurisdiction and Contact Information
Aisle Planner, Inc. is a corporation. Our websites are controlled and operated from the United States. If you are an individual from the European Union, Iceland, Lichtenstein, Norway or any other jurisdiction with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that we may store the information we collect in the United States or in other countries where we or our third-party service providers have operations. Personal data may also be transferred from the country of your residence to other countries, including the United States.
VeraSafe has been appointed as Aisle Planner, Inc's representative in the United Kingdom for data protection matters, pursuant to Article 27 of the United Kingdom General Data Protection Regulation. If you are located within the United Kingdom, VeraSafe can be contacted in addition to or instead of email@example.com, only on matters related to the processing of personal data. To make such an inquiry, please contact VeraSafe using this contact form: https://verasafe.com/public-resources/contact-data-protection-representative or via telephone at: +44 (20) 4532 2003. Alternatively, VeraSafe can be contacted at:
VeraSafe United Kingdom Ltd.
37 Albert Embankment
London SE1 7TL
VeraSafe has been appointed as Aisle Planner, Inc’s representative in the European Union for data protection matters, pursuant to Article 27 of the General Data Protection Regulation of the European Union. If you are in the European Economic Area, VeraSafe can be contacted in addition to firstname.lastname@example.org, only on matters related to the processing of personal data. To make such an inquiry, please contact VeraSafe using this contact form: https://verasafe.com/public-resources/contact-data-protection-representative or via telephone at: +420 228 881 031.
Alternatively, VeraSafe can be contacted at:
VeraSafe Ireland Ltd.
Unit 3D North Point House
North Point Business Park
New Mallow Road
Fullsteam Operations LLC
540 Devall Drive, Suite 301
Auburn, AL 36832