Before starting any usage of Planoplan software application or any of its components one needs to get familiar with the terms of its usage provided in the current License Agreement. By downloading, installing, launching or making any other actions in order to use the software application, you enter into an agreement and give full consent with all provisions and conditions of the current agreement. If you are not ready to give us full consent and enter into an agreement, you have no legal right no use the software application.
1. Definitions and interpretations
1.1. "Offer" is a public offer addressed to an unlimited number of people to enter into the current licensing agreement (hereinafter referred to as "Agreement") on the conditions and terms defined within the current Agreement. All the conditions mentioned in this Agreement shall be considered essential. The offer is the right of the Licensee to enter into the licensing agreement with the Copyright Holder to use the software.
1.2. "Acceptance" is full and unconditional consent of the Agreement's terms by the Licensee. Partial acceptance of the Agreement is not possible.
1.3. "Authorized representative" — Kelnik UG, Minervastr. 10, 74613 Öhringen, Germany.
1.4. "Licensee"— any legal entity or individual, who has legal rights to use the software under the current EU legislation and terms of the current Agreement.
1.5. "Software" is a technical solution and software developed by the Copyright Holder and named PLANOPLAN. The software is a set of information, data, and commands to be applied on computers and computer systems to acquire certain results, i.e. apartment floor plans, interior design and photo-realistic images (renders), plans, schemes, circuit layouts, and Planoplan widgets.
1.6. "Software application" — the process of remote access to the software via the Internet.
1.7."Website" is an official website located at the following address: https://planoplan.com/en/ in the Internet worldwide network.
1.8. "Technical support" is a set of actions of the Copyright Holder within the limits set by the Copyright Holder to support the proper functioning and maintenance of the software.
1.9. "Account" is a set of certain data, information, and amount of available functionality of the software related to its united database element. It's customized by the set of credentials and personal data provided by the Licensee when signing up.
1.10. "Registration" is a process of creating the Licensee's Account in the software following conditions of a relevant tariff plan. The Copyright Holder has the right to confirm the Licensee's email address. A letter with a code is sent to the Licensee. After entering it in a special field in the registration form and clicking the “Confirm” email button, the Licensee's email address is considered to be confirmed, and the Licensee is considered to have passed the registration.
1.11."Login" is a unique name (nickname) of the Licensee, specified at the moment of Licensee registration to identify the Licensee. It shall be used in conjunction with the password to get access to the account. The Licensee shall use their email address as a Login.
1.12. "Ticket" is an electronic request with the description of problems and issues related to the software, which has to be sent to the general email address of technical support, firstname.lastname@example.org, or by submitting a feedback form at https://planoplan.atlassian.net/servicedesk/customer/portal/5.
1.13. “The free trial period of using the software” is a two-week period that is automatically activated for each new user who has passed the registration procedure. The functionality of the free trial period corresponds to the PRO+ tariff plan.
1.14. "Teamwork" is the main working mode for the Business VR tariff plan. The Business VR tariff rate enables the user to create a team of other users (to work simultaneously) and administer it. The number of users within the team is not limited. Limitations are set by active network licenses. Therefore, the total number of simultaneously working users is limited by the number of purchased licenses. The users of the team can access and edit common projects, and use a common library of 3D models and textures. In case, when the user is removed from the team or when the Business VR license is terminated, the users will be switched to the individual tariff plan losing access to the projects created in the team, as well as to the library of 3D objects and textures created in the team. A bank transfer payment by invoice is available only for legal entities and individual entrepreneurs using the Business VR tariff plan. In this case, an Electronic Document Circulation (EOD) is used.
1.15. “Network License” is a feature offered only within the Business VR tariff plan. It allows the user to install the software on several computers. However, the total number of persons using the software simultaneously has to be equal to the number of purchased licenses.
1.16. “Planoplan Editor” is a 3D editor, which can be downloaded for free only on http://www.planoplan.com. Fully compatible with computers running Windows 7 and above, macOS 10.13.6 and above. Downloading from any other sources is illegal. In such cases, the Copyright Holder is not responsible for the consequences of the user's actions. For more information about the system requirements, see section 15.
1.17. “Planoplan Render” (available on all tariff plans) is a cloud render farm with a specific set of rendering parameters, serving the software components designed for the high-speed rendering of 3D and VR content. At the same time, the capacities of user PCs remain free.
1.18. “The Planoplan database (catalog)” is an electronic catalog of models/textures/materials created by the Copyright Holder, hosted on the software computing power, and used for any work with the software of any person.
1.19. “Licensee's Catalog (available on the Business VR tariff plan)” is an electronic product catalog created by the Licensee, hosted on the software computing power, included in the Planoplan database, and used in any work with the software. Besides:
all 3D models, textures, shapes, and other elements of the Licensee Catalog must comply with specific technical requirements set by the Copyright Holder to perform proper processing of 3D models, textures, shapes, and other elements of the Licensee Library while working with the software;
By including the Licensee's Catalog of 3D models, materials/textures in the Planoplan database, and other elements that meet the technical requirements of the Copyright Holder, the Licensee guarantees that he has intellectual property rights for the elements added to the Planoplan database (Catalog). In case of claims or lawsuits against the Copyright Holder related to the violation of the rights of third parties in connection with the use of such elements by the Copyright Holder and/or any third parties, other licensees of the software, the Licensee shall fix such claims or take other necessary actions to avoid costs and losses from the Copyright Holder, or compensate them in full if such preventive actions are impossible. In addition, by placing any elements in the Planoplan database, the Licensee agrees with the right of the Copyright Holder to remove items from the Planoplan database at any time in case of claims and the requirements of third parties.
1.20. “3D Model/Texture/Material” is a catalog item included in the Planoplan database (Catalog) or/and The Licensee's Catalog.1.21. “Render” is a photorealistic image produced by the Licensee while working with the software.
2. Scope of the Agreement. General terms
2.2. The software application includes:
2.2.1. Registration and creation of a Licensee Account;
2.2.2. Editing the account information;
2.2.3. Using the software functionality within the framework of the purchased tariff plan.
2.3. By agreement of the Parties, arranged as a separate contract between the Parties, the Copyright Holder may provide the Licensee with services for setting up the software services following the wishes of the Licensee, on the one hand, and the capabilities of the Copyright Holder and the software, on the other hand. All the rights for the intellectual objects and other items received as a result of such setting up, as well as all the adjustments and improvements of the software and its services, belong to the Copyright Holder and can be used by the Copyright Holder without any limitations as an integral part of the software.
2.4. The terms of this Agreement are binding when using the software regardless of the tariff plan chosen by the Licensee, as well as in the case of free use (free trial) of the software to the extent provided.
This Agreement becomes effective immediately at the moment of registration of the account.
2.5. This Agreement is available for a wide audience at the following address: https://planoplan.com/en/agreements/.
2.6. The terms of the Agreement shall be accepted by the Licensee in full and in the form, in which they were formulated (offer acceptance).
3. Rights and Obligations of the Copyright Holder
3.1.1. To deny or terminate access to the software until the full payment is received, except in cases when the Licensee is using the Start tariff plan;
3.1.2. Terminate the Contract and/or refuse to grant the Licensee the rights to use the software in case of violation of the payment terms by the Licensee;
3.1.3. To release new versions and updates of the software, to establish the terms of their provision to the Licensee, the terms of technical support and maintenance;
3.1.4. To make unilateral changes to this Agreement by issuing new editions, notifying Licensees by publishing new changes no later than 7 (seven) days before they can become effective on the website https://planoplan.com/en/agreements/. By continuing the usage of the software after making these changes, the Licensee fully approves all changes and additions to the Agreement;
3.1.5. Unilaterally change tariff plans by posting a new list on the website https://planoplan.com/en/pricing/ no later than 7 (seven) days before the changes enter into force. At the same time, no changes shall be made during the prepaid period (until its expiration), as well as prices for prepaid features (services) cannot be changed until they are fully used.
3.1.6. Request documents confirming the legal status of the Licensee's activities in case a request comes from authorized bodies that verify or prosecute the Licensee due to the infringements in their activities.
3.1.7. Terminate the use of the account upon the request of the authorized bodies that verify or prosecute the Licensee due to the infringements in their activities.
4. Rights and Obligations of the Licensee
4.1. The Licensee has the right to:
4.1.1. Create an unlimited number of accounts. At the same time, only one account can be registered under one tariff plan (for Start, PRO, PRO+ tariffs). For the Business VR tariff plan, the possibility of teamwork and purchase of network licenses (clauses 1.14., 1.15) are provided.
4.1.2. Use all the functionality of the software available within the certain tariff plan.
4.1.3. Upload and store information (project files, renderings, VR panoramas, textures, 3D models) on the Copyright Holder's servers in the manner and to the extent provided for by the chosen tariff plan.
4.1.4. To use the results of the work received in the software for commercial purposes, but at the same time, the Licensee is obliged to keep a direct, unambiguous, unconditional, and unlimited indication of such results that they were obtained using the software.
4.1.5. Make suggestions for optimization in the work of the software.
4.1.6. Get access to updates and new versions of the software in case of their release.
4.2. If necessary, the certificate on the completion of services according to the invoice for the required period is generated automatically exclusively in electronic form and can be downloaded by the Licensee in the personal account with administrator rights (available only for the Business VR tariff plan). In case, when the Licensee needs to obtain such a document on paper, they have to print the electronic version on their own, sign it and send it to the following address: Kelnik UG, Minervastr. 10, 74613 Öhringen, Germany. The copyright holder signs the act on his part and returns it to the Licensee. The copyright holder uses the Electronic Document Circulation System.
4.3. The Licensee has the following duties:
4.3.1. Use the software only within the limits of rights and in the ways provided for in this Agreement.
4.3.2. When choosing a paid tariff plan, make payments under this Agreement following the terms of this Agreement.
4.3.3. At the request of the Copyright Holder, provide information about the activities of its employees in a case when such actions lead or may lead to violation of the current legislation.
4.3.4. Immediately notify the Copyright Holder about any case of unauthorized or illegal access to the Software Application with the credentials of the Licensee, as well as about all cases of the password disclosure.
4.3.5. Ensure the availability of equipment that meets the technical requirements for using the software, Internet access, and its proper application.
4.4. The Licensee is not allowed to:
4.4.1. Decompile, disassemble, modify the software, its design, layout, source code, and database, or perform derivative works with software generally or partially;
4.4.2. Remove logos or other automatically generated information about the software and the Copyright Holder from the results of work with the software, as well as crop the images so that the logo is removed (including tools of web-browsers on Internet sites);
4.4.3. Impersonate any natural or legal person, including, but not limited to, the personnel or freelancer of the Copyright Holder, as well as disseminate false information about their involvement in the software or/and the Copyright Holder and any other natural or legal persons;
4.4.4. Upload, post, or transfer information in any other way without having a legal right to do so by law or by any contract or agreement, including official data, patented, or a subject to no disclosure;
4.4.5. Act for profit using the software and/or on behalf of its Copyright Holder without prior permission;
4.4.6. Request passwords and other identification information from other licensees for illegal use, as well as for commercial or malicious purposes;
4.4.7. To reproduce the software on hardware capacities (servers and other workstations), including recording to computer memory;
4.4.8. Transfer the license to other Licensees (it is not a violation to create accounts for teamwork and purchase network licenses under the Business VR tariff plan);
4.4.9. Use the software to obtain source code, and database structures designed to create similar software;
4.4.10. Download malware or otherwise harm the Copyright Holder and/or other Licensees;
4.4.11. Upload extremists, pornographic, defamatory, humiliating, and other types of content, which may discriminate against people by their religion, nationality, and other features, as well as call for revolution, unhealthy lifestyle, suicide, and other illegal and prohibited actions.
4.4.12. The Licensee is not allowed to use the software in any way it contradicts or leads to a violation of current EU legislation;
4.4.13. Publish the software for a wide audience;
4.4.14. Distribute copies of the software or its parts and/or perform other actions aimed at getting commercial profits with third parties from the use of the software.
4.5. The Licensee is not entitled to perform actions that may result in:
4.5.1. Violation of equipment functionality and Copyright Owner's network;
4.5.2. Violation of software functionality or limitation of other Licensee's rights to use the software;
4.5.3. Unauthorized access to the software, as well as information, computing, and network resources of the Copyright Holder;
4.5.4. Direct or possible harm to the third parties including the process of posting the links, which violate the current legislation of the EU.
5. Billing rates
5.2. The Licensee has the right to choose a tariff plan. The list of plans is available on the Internet at: https://planoplan.com/en/pricing/ and is an integral part of this Agreement.
5.3. The Licensee makes a full prepayment to use the software according to the selected tariff plan. Until the payment for the software has been done, the Licensee has the opportunity to use it within the limitation of the Start tariff plan; any additional features and services are provided to the Licensee only after full payment by the selected tariff plan. The licensee has the right to pay for the license for several billing periods at once.
5.5. The Licensee has the right to apply the Start tariff for an unlimited time without payment of remuneration. After the Licensee did not use the software (did not enter the account) for 3 years, the Copyright Owner has the right to delete the account and all the related content without prior notification. The Copyright Owner may restore deleted content at the request of the Licensee for an additional fee, and only if technically possible.
5.5. According to this Agreement the payment shall be made in Euro or US dollars, depending on the selected region.
5.6. The Licensee is considered to fulfill the payment obligations at the moment when funds for the current billing period appear on the account of the Copyright Owner, or at the moment of an electronic receipt creation in a case when the Licensee uses electronic payment methods.
5.7. Within this Agreement, the following rules for changing the tariff plan are applied before the end of the previous tariff plan:
5.7.1. When switching to a cheaper tariff plan, the Licensee pays for a new period of use. The transition to a new tariff plan will be made automatically on the date of payment. In this case, the funds deposited by the Licensee for the previous tariff plan will not be credited for the new tariff plan. The Licensee can wait until the end of the current billing period before deciding to change the tariff plan.
5.7.2. When switching to a more expensive tariff plan, the Licensee pays for a new period on the terms specified on the page https://vr.planoplan.com/en/ based on the price of the selected tariff provided for in the current tariff. The transition to a new tariff plan will be made automatically from the moment of payment for a new tariff plan with a new validity period.
6. Agreement validity
6.2. The Agreement remains effective for the entire period of software application and/or results of work in the software by the Licensee, i.e. the Agreement is not limited in time. Non-use (termination of use for any reason) of software by the Licensee does not entail the termination of this Agreement concerning the results obtained by the Licensee with the help of software.
6.3. The Copyright Holder has the right to unilaterally terminate this Agreement by notifying the Licensee in case of violation of the terms of this Agreement on the use of the software by the Licensee. In this case, the Licensee's account will be deleted with all its contents, data, developments, results, projects, etc. without notifying the Licensee and without the possibility of its further recovery.
6.4. In case of the Agreement termination by either of the Parties, the Licensee is obliged to stop using the software completely.
Any continued use of the software is illegal.
6.5. If any provisions of this Agreement are invalid, the Agreement continues to be valid in the remaining part.
6.7. If the relevant license expires and the Licensee fails to pay for a new tariff plan from the list indicated on the page https://planoplan.com/en/pricing /, the Licensee can further use the software by the Licensee only within the framework of the Start tariff plan, taking into account the current restrictions.
6.8. In case of early termination of this Agreement for any reason, the amount of the paid license is non-refundable.
7. Software Application usage conditions
7.1.1. To use the software, the Licensee must go through the registration procedure and create an Account;
7.1.2. After completing the Registration procedure and creating an Account, the Licensee is considered to be familiar with the terms of the Agreement, and the Agreement itself is considered to be effective;
7.1.3. To register, the Licensee shall provide reliable and complete personal information mentioned in the registration form and surveys, and keep this information up to date. If the Licensee provides incorrect information or the Copyright Holder has reason to believe that the information provided by the Licensee is incomplete or unreliable, the Copyright Holder has the right, at its discretion, to block or delete the Licensee's account, as well as to prohibit the Licensee to use the software;
7.1.4. When registering, the Licensee chooses login (the unique name of the Licensee's account which is an email address (email), as well as the password to access the account. The Copyright Owner reserves the right to prohibit the usage of specific credentials, as well as to require a specific format of both login and password (length, allowed characters, etc.);
7.1.5. The Licensee is solely responsible for the security (complexity) of the chosen password, and also ensures the confidentiality of the password in connection with the login. The Licensee is solely responsible for all actions/omissions (as well as their consequences) while using the software from the account, including cases of voluntary transfer or non-compliance with confidentiality of data for access to the account to third parties on any terms (including contracts of any nature and content). At the same time, all actions from working with the software from the Licensee's account are considered to be performed by the Licensee. For security reasons, the Licensee is obliged to perform a safe completion of work under their credentials (the "Exit" button) at the end of each session of work with the software;
7.1.6. The Copyright Holder is not responsible for the possible loss of data, as well as other consequences of any nature related to the Licensee's violation of the provisions of this part of the Agreement;
7.1.7. The Licensee understands and accepts the fact that the API shall be used at their own risk and responsibility.
7.2. Licensee's Account:
7.2.1. The Licensee creates their software account;
7.2.2. The Licensee can edit and update their personal information and the data about the company and employees, as well as change the password, upload files, and change email (login);
7.2.3. The Licensee can change all the information in their Account according to the current Agreement.
7.3. Deleting an account:
7.3.1. The Copyright Holder has the right to block and delete the account, including all content (all uploaded files and created data) in the following cases:
184.108.40.206. In case of violation of the terms of the Agreement or other regulations by the Licensee.
220.127.116.11. When the Licensee never continues using any tariff plan (including the Smart plan) for 3 (three) years after the termination of the license.
7.3.2. In this Agreement non-use of the software means the absence of data about the Licensee's authorization in the Copyright Holder's archive.
7.3.3. The Licensee can request to postpone (or cancel) the account deletion at the technical support of the Copyright Holder at the email address email@example.com
7.4.1. The Copyright Holder has the right to announce promotions and various events related to software usage and/or its functionality.
7.4.2. Information about promotions, rules, and terms may be posted on the software's website, in the Licensee's account, as well as be sent to the email address specified during registration.
8. Exclusive rights
8.2. The Copyright holder owns the full scope of exclusive rights to the software.
8.3. The algorithms of the software and its source code (including its parts) are a trade secret of the Copyright Holder. Any use of them or of the software that violates the terms of this Agreement is considered a violation of the Copyright Holder's rights and is a sufficient reason for depriving the Licensee of the rights granted according to this Agreement, which does not deprive the Copyright Holder of the right to seek judicial protection of their violated rights and legitimate interests, including a claim for compensation of losses, moral damage, etc.
8.4. This Agreement does not grant the Licensee any rights to use the trademarks and service marks of the Copyright Holder and/or its partners, as well as the rights to any use of other objects of the exclusive rights of the Copyright Holder, except as expressly provided for in the terms of this Agreement.
8.5. The Copyright Holder has the right to change, add or delete the software files without the consent and notification of the Licensee. By default, any change made by the Copyright Holder to the software is recognized as aimed at its improvement, improvement, enhancement of functionality, and convenience of its use.
8.6. This Agreement does not grant the Licensee the exclusive right to the software and its components, but only the right to use the software and its components following the conditions specified in this Agreement along with and at the same time with an unlimited number of other users who also have the right to use the software.
9. Technical Support
9.2. The response time of Technical Support is not regulated.
9.3. To provide Technical Support, the Copyright Holder has the right to require the Licensee to provide information concerning account data, technical characteristics of equipment, and other information necessary for the technical support delivery.
9.4. The help request (Ticket) is submitted by the Licensee in electronic form with a description of problems and failures in the software operation, which is sent to the general email address of technical support firstname.lastname@example.org on the website https://planoplan.com, or when using the software.9.5. The Copyright Holder has the right to change the rules and the method of communication with technical support at any time by publishing relevant information on the Pricing page.
10. Personal data processing conditions
11. Cession of rights
11.2. The Licensee does not have the right to assign its rights to third parties.
12. Liability of the parties
12.2. The Copyright Holder does not monitor, process, and is not responsible for the content and information uploaded by the Licensee. The Licensee shall monitor the confidentiality of information. The Copyright Owner is not responsible for the information uploaded and used by the Licensee while using the software, including the data that is a commercial secret of the Licensee.
12.3. The Licensee interacts with third parties using the software functionality at their own risk.
12.4. Planoplan LLC also informs you, and you accept the following terms:
Planoplan®, its modules, and functions, are delivered "as it is"; the company Planoplan on its behalf and on behalf of any person who transferred Planoplan LLC the right to the software and materials contained therein, and on behalf of any person that provides you with Planoplan®, makes no express or implied warranties in respect to Planoplan®, any of its content and any results of your work with Planoplan®, including any design results obtained using Planoplan® and data you enter into Planoplan®, including, but not limited to, the quality and accuracy of Planoplan® operating on your computer, suitability for the task and violation of third party intellectual property;
Planoplan LLC, on its own behalf and on behalf of any person who transferred Planoplan LLC the right to the software and materials used in Planoplan®, and any person that provides you with Planoplan® shall not be liable for damages, costs, or expenses of any kind that may result from your use of Planoplan®, including, but not limited to, damage to computer equipment, loss of data and the inability to use Planoplan®, as well as any indirect, special, consequent or other damages.
Planoplan LLC collects anonymous information about the technical characteristics of the user's computer to improve the quality of Planoplan's work.
Planoplan LLC reserves the right to publish the users' work on any resources on the Internet at its discretion.
13. Representations and Warranties
13.2. The Licensee certifies that the usage of the software doesn't create and won't create any legal or financial consequences of the bad nature for the Copyright Holder.
13.3. The Licensee certifies that all the actions with the usage of the Account or the e-mail address are made by the Licensee, except in cases of unauthorized access (hacking), when the Licensee has to notify the Copyright Owner as soon as possible.
13.4. The Licensee certifies that the device in use (PC, laptop, etc.) has all required anti-virus software to detect and eliminate malware (viruses, Trojans, and so on).
14. Final provisions
14.2. The Copyright Holder never provides the Licensee with communication services and/or access to information and communication networks, including the Internet; the Copyright Holder never receives, stores, processes or transmits communication messages.
14.3. The Software Application is offered "as it is", while the Copyright Holder does not guarantee that it will meet the expectations of the Licensee and will be applicable for its specific purpose.
14.4. If errors are found when using the software, the Copyright Holder will make efforts to correct them as soon as possible. The Parties agree that it's simply impossible to define a specific term for such resolution.
14.5. Claims, requests, notifications, and other information are accepted from the Licensee's email address, which is used as the account login.
15. Technical requirements and supported operating systems
CPU: Intel or AMD 1.8GHz
GPU: 512Mb RAM, DirectX 9 Compatible
Operating system: Windows 7,8, MacOS 10.13.6 High Sierra
RECOMMENDED TECHNICAL REQUIREMENTS
CPU: Intel i7, AMD Ryzen 7 3800xD or higher
GPU: 4GB RAM, DirectX 11 Compatible
Operating system: Windows 10, MacOS 10.14.2 Mojave
Technical requirements for the Planoplan Editor with Business VR tariff plan:
Operating system: Windows 10
GPU: GeForce RTX 2080, AMD Radeon VII or higher
RAM: 16GB or higher
CPU: Intel i7, AMD Ryzen 7 3800x or higher
Interfaces: Bluetooth 4.0, HDMI
16. Copyright Owner credentials
- 1. Definitions and interpretations
- 2. Scope of the Agreement. General terms
- 3. Rights and Obligations of the Copyright Holder
- 4. Rights and Obligations of the Licensee
- 5. Billing rates
- 6. Agreement validity
- 7. Software Application usage conditions
- 8. Exclusive rights
- 9. Technical Support
- 10. Personal data processing conditions
- 11. Cession of rights
- 12. Liability of the parties
- 13. Representations and Warranties
- 14. Final provisions
- 15. Technical requirements and supported operating systems
- 16. Copyright Owner credentials