Terms and Conditions

These Terms and Conditions ("Terms") govern your use of Planifyr's digital marketing services. Please read these Terms carefully before using our services.

1. Definitions

For the purposes of these Terms:

• "Planifyr," "we," "us," or "our" refers to Planifyr and its affiliates
• "Client," "you," or "your" refers to the individual or entity using our services
• "Services" refers to all digital marketing services provided by Planifyr
• "Content" means any text, images, videos, graphics, or other materials
• "Platform" refers to our website, applications, and service delivery systems
• "Agreement" means these Terms together with any service-specific agreements

2. Services Overview

Planifyr provides comprehensive digital marketing services including but not limited to:

2.1 Core Services

• Social Media Management: Content planning, creation, posting, audience engagement, and performance tracking across social media platforms
• Reputation Management: Review monitoring, response management, brand protection, and online rating improvement
• Managed Services: End-to-end management including strategy development, execution, optimization, and ongoing monitoring
• Professional Web Pages: Design and development of responsive, SEO-optimized web pages
• Social Media SEO: Optimization of social profiles, posts, and hashtags for improved visibility and reach
• Blog Post & Writing: Creation of SEO-rich, engaging content for blogs and marketing purposes
• Website Design: Full website design and development with mobile-first, performance-optimized architecture
• Custom Analytics: Development of custom dashboards and performance tracking systems
• Competitor Analysis: Market research, competitive intelligence, and strategic insights
• AI Agent: Implementation of AI-powered chatbots and automated engagement systems

3. Account Registration and Access

3.1 Account Creation

To use our services, you must:

• Provide accurate, current, and complete information
• Be at least 18 years of age or the age of majority in your jurisdiction
• Have the authority to enter into this Agreement
• Maintain the security of your account credentials

3.2 Account Responsibility

You are responsible for:

• All activities that occur under your account
• Maintaining the confidentiality of your login credentials
• Notifying us immediately of any unauthorized access
• Ensuring your account information remains accurate and up-to-date

3.3 Social Media Access

When you grant us access to your social media accounts, you authorize us to:

• Access, manage, and post content on your behalf
• View analytics and performance data
• Engage with your audience according to agreed strategies
• Modify account settings as necessary for service delivery

4. Service Plans and Pricing

4.1 Service Selection

You may select services through our packages or custom arrangements. Service specifications, deliverables, and timelines will be outlined in your service agreement or order confirmation.

4.2 Pricing

• Prices are as stated on our website or in your service agreement
• We reserve the right to modify pricing with 30 days' notice
• Custom services will be quoted individually
• All prices are in USD unless otherwise specified

4.3 Billing and Payment

• Payments are due according to the billing cycle specified in your agreement (monthly, quarterly, or annually)
• Accepted payment methods include credit cards, debit cards, and other methods as specified
• Late payments may result in service suspension and late fees
• You authorize us to charge your payment method for recurring services

4.4 Taxes

You are responsible for all applicable taxes, duties, and government fees associated with our services. We will collect applicable sales tax where required by law.

5. Service Delivery and Performance

5.1 Service Commencement

Services will commence upon:

• Receipt of payment
• Completion of onboarding process
• Receipt of necessary access credentials and materials
• Approval of initial strategy or content plan

5.2 Service Standards

We will provide services:

• In a professional and workmanlike manner
• In accordance with industry best practices
• As described in your service agreement
• Within reasonable timeframes for deliverables

5.3 No Guaranteed Results

5.4 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of our services with reasonable notice. We will work with you to minimize disruption to your marketing efforts.

6. Client Responsibilities

6.1 Cooperation and Communication

You agree to:

• Provide timely responses to our requests for information
• Supply necessary materials, content, and access credentials
• Review and approve content within agreed timeframes
• Communicate brand guidelines, goals, and preferences clearly
• Notify us promptly of any issues or concerns

6.2 Content Approval

You are responsible for:

• Reviewing and approving content before publication (if approval is required in your agreement)
• Ensuring content accuracy and appropriateness
• Providing feedback within specified timeframes
• Understanding that delayed approvals may impact service delivery timelines

6.3 Materials and Assets

You must provide:

• High-quality images, logos, and brand assets
• Accurate business information
• Necessary licenses and permissions for any materials you provide
• Access to required platforms and accounts

7. Intellectual Property Rights

7.1 Client-Provided Content

You retain all ownership rights to content, materials, and information you provide to us. By providing content, you grant us a license to use, reproduce, modify, and publish it solely for the purpose of delivering our services.

7.2 Planifyr-Created Content

Content created by Planifyr as part of our services (including but not limited to social media posts, blog articles, graphics, and website content) becomes your property upon full payment, with the following exceptions:

• We retain the right to use generic templates, frameworks, and methodologies
• We may showcase work in our portfolio with your permission
• We retain rights to our proprietary tools, systems, and processes

7.3 Planifyr Property

Our platform, tools, software, methodologies, analytics systems, AI agents, and other proprietary materials remain our exclusive property. You may not:

• Copy, modify, or reverse engineer our systems
• Use our tools or methodologies outside of our services
• Share access credentials with unauthorized parties
• Attempt to extract or replicate our proprietary processes

7.4 Third-Party Content

You are responsible for ensuring you have rights to use any third-party content, images, music, or materials you request us to use in your marketing.

8. Confidentiality

8.1 Confidential Information

Both parties agree to maintain confidentiality of sensitive information shared during the course of our relationship, including:

• Business strategies and marketing plans
• Financial information
• Customer data and analytics
• Proprietary processes and methodologies
• Trade secrets and competitive information

8.2 Exceptions

Confidentiality obligations do not apply to information that:

• Is publicly available through no fault of the receiving party
• Was already known to the receiving party
• Is independently developed without use of confidential information
• Must be disclosed by law or court order

9. Term and Termination

9.1 Service Term

Services continue for the term specified in your agreement (monthly, quarterly, annual) and automatically renew unless terminated according to these Terms.

9.2 Termination by Client

You may terminate services by providing:

• 30 days written notice for monthly plans
• 60 days written notice for quarterly or annual plans
• Notice as specified in your service agreement

Termination does not entitle you to a refund of fees already paid unless otherwise specified.

9.3 Termination by Planifyr

We may terminate services immediately if you:

• Breach these Terms or your service agreement
• Fail to pay fees when due
• Engage in fraudulent or illegal activities
• Violate platform policies of social media networks
• Provide false or misleading information
• Engage in abusive or inappropriate behavior toward our team

9.4 Effect of Termination

Upon termination:

• We will cease providing services
• You remain responsible for all fees incurred prior to termination
• We will provide reasonable assistance with transition (fees may apply)
• You must remove our access to your accounts and platforms
• Outstanding deliverables may be completed at our discretion
• We may delete data according to our retention policies

10. Refund and Cancellation Policy

10.1 Refund Eligibility

Refunds may be provided in the following circumstances:

• Services were not delivered as specified in the agreement
• Technical issues prevented service delivery and were not resolved
• Within 7 days of initial service commencement for new clients (subject to conditions)

10.2 Non-Refundable Services

The following are non-refundable:

• Services already delivered or in progress
• Setup fees and onboarding costs
• Third-party costs incurred on your behalf (advertising spend, tools, licenses)
• Custom development or design work already completed
• Monthly fees for services already rendered

10.3 Refund Process

Refund requests must be submitted in writing with detailed explanation. Approved refunds will be processed within 14-30 business days to the original payment method.

11. Warranties and Disclaimers

11.1 Limited Warranty

We warrant that our services will be performed in a professional manner consistent with industry standards.

11.2 Disclaimer of Warranties

11.3 Third-Party Platforms

We do not warrant or control the operation of third-party platforms (social media networks, search engines, etc.). Changes to these platforms may affect service delivery and results.

12. Limitation of Liability

12.2 Excluded Damages

WE SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Lost profits, revenue, data, or business opportunities
• Cost of substitute services
• Damages resulting from third-party actions or platform changes
• Damages from unauthorized access to your accounts
• Results or outcomes of marketing campaigns

12.3 Force Majeure

We are not liable for delays or failures in performance resulting from circumstances beyond our reasonable control, including natural disasters, pandemics, internet outages, platform changes, or government actions.

13. Indemnification

You agree to indemnify, defend, and hold harmless Planifyr, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of our services
• Your violation of these Terms
• Content or materials you provide to us
• Your violation of any third-party rights
• Your violation of applicable laws or regulations
• Your social media or online activities

14. Compliance and Legal Requirements

14.1 Platform Policies

You agree to comply with the terms of service, policies, and guidelines of all platforms where we manage your presence, including but not limited to Facebook, Instagram, LinkedIn, Twitter, Google, and others.

14.2 Advertising Standards

All marketing content must comply with:

• FTC guidelines and advertising regulations
• Industry-specific advertising standards
• Truth in advertising laws
• Data protection and privacy regulations

14.3 Prohibited Content

You may not use our services to create or distribute content that:

• Is illegal, fraudulent, or violates others' rights
• Infringes intellectual property rights
• Contains malware, viruses, or harmful code
• Is defamatory, obscene, or offensive
• Promotes illegal activities or violence
• Violates platform community standards
• Involves deceptive practices or misinformation

15. Data Protection and Privacy

Our collection, use, and protection of your data is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our services, you consent to our data practices as described in the Privacy Policy.

15.1 Data Security

We implement reasonable security measures to protect your data, but cannot guarantee absolute security. You acknowledge that internet transmission is never completely secure.

15.2 Data Retention

We retain data as necessary to provide services and comply with legal obligations. Upon termination, we may retain data according to our retention policies and legal requirements.

16. Dispute Resolution

16.1 Informal Resolution

Before initiating formal proceedings, you agree to contact us to attempt to resolve disputes informally. We commit to working in good faith to resolve issues.

16.2 Arbitration

Any disputes that cannot be resolved informally shall be resolved through binding arbitration rather than in court, except that either party may seek injunctive relief in court for intellectual property matters.

16.3 Class Action Waiver

You agree to resolve disputes individually and waive the right to participate in class actions or class arbitrations.

16.4 Governing Law

These Terms are governed by the laws of [Your Jurisdiction] without regard to conflict of law principles.

17. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by:

• Posting updated Terms on our website
• Sending email notification to your registered address
• Providing notice through our platform

Continued use of our services after changes become effective constitutes acceptance of the modified Terms. If you do not agree to changes, you may terminate services according to Section 9.

18. General Provisions

18.1 Entire Agreement

These Terms, together with our Privacy Policy and any service-specific agreements, constitute the entire agreement between you and Planifyr.

18.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.

18.3 Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right or provision.

18.4 Assignment

You may not assign or transfer your rights or obligations without our written consent. We may assign our rights and obligations without restriction.

18.5 Independent Contractors

The parties are independent contractors. Nothing in these Terms creates a partnership, employment, or agency relationship.

18.6 Survival

Provisions that by their nature should survive termination shall survive, including intellectual property rights, confidentiality, limitation of liability, and dispute resolution.

18.7 Notices

Notices must be sent to the contact information provided in your account or to our official contact email. Notices are deemed received when delivered by email or 3 business days after mailing.

19. Contact Information

20. Acknowledgment