Terms of Service

Please read these Terms of Service (the “Terms”) carefully because they govern your use of the website located at https://planchecker.ai (the “Site”) and the services accessible via the Site and corresponding mobile application (“App”) offered by Plan Checker AI Inc. (“PlanChecker.AI”). To make these Terms easier to read, the Site, our services and App are collectively called the “Services.”

IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND PLANCHECKER.AI THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 16 (DISPUTE RESOLUTION FOR INDIVIDUALS) AND SECTION 17 (DISPUTE RESOLUTION FOR ENTITIES) BELOW FOR DETAILS REGARDING ARBITRATION.

1. Description of Services

The Services ingest and analyze architectural drawings, specifications, plans, and related documents (“Architectural Documentation”) to extract key information, enable AI-assisted queries of Architectural Documentation, generate 3D renderings for construction purposes, and support plan review and faster permitting to streamline the overall construction process.

2. Agreement to Terms

By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services. IF YOU ARE ACCESSING AND USING THE SERVICES ON BEHALF OF A COMPANY (SUCH AS YOUR EMPLOYER) OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY TO THESE TERMS. IN THAT CASE, “YOU” AND “YOUR” WILL REFER TO THAT ENTITY.

3. Changes to these Terms or the Services

We may update the Terms from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site, to the App and/or may also send other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

4. Who May Use the Services?

You may use the Services only if you are 18 years or older and capable of forming a binding contract with PlanChecker.AI, and not otherwise barred from using the Services under applicable law.

5. Feedback

We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Services (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.

6. Free and Paid Tier Subscriptions

Certain limited features or functionality of the Services may be used at no cost, and certain features or functionality of the Services may require payment of a fee for use thereof (e.g., the number of messages you may ask the AI chatbot within the Services), in each case corresponding to the “tier” or “subscription” which you elect to receive as presented to you on the Site or via the Services (each, a “Tier”). Fees for a Tier may be charged on a subscription basis, a usage basis, or a combination of both, as you elect via the Services. If you elect for a Tier which requires payment of fees, you agree to pay such fees, whereby you will have the option of purchasing a subscription (“Subscription”) for such Tier and/or paying fees based on your usage of the Services.

(a) General

By purchasing a Subscription or by incurring fees for usage (e.g., via data usage or otherwise) of the Services (each, a “Transaction”), you expressly authorize us (or our third-party payment processor (e.g., Stripe, Inc.)) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties (such as our third-party payment processor) so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). By initiating a Transaction, you agree to the pricing, payment and billing policies applicable to such fees and charges, as posted or otherwise communicated to you. All payments for Transactions are non-refundable and non-transferable except as expressly provided in these Terms. All fees and applicable taxes, if any, are payable in United States dollars.

(b) Subscriptions

Subscriptions are offered on monthly and annual bases. If you purchase a monthly Subscription, you will be charged the monthly Subscription fee, and if you purchase an annual Subscription, you will be charged the annual Subscription fee, in each case plus any applicable taxes, and other charges (“Subscription Fee”), at the beginning of your Subscription and each month or year thereafter, as applicable, at the then-current Subscription Fee. BY PURCHASING A SUBSCRIPTION, YOU AUTHORIZE PLANCHECKER.AI TO INITIATE RECURRING NON-REFUNDABLE PAYMENTS AS SET FORTH BELOW. If you purchase a Subscription, we (or our third-party payment processor) will automatically charge you each month or year, as applicable, beginning on the commencement of your Subscription, using the Payment Information you have provided until you cancel your Subscription. If you purchase a monthly Subscription, we will send you a reminder notice prior to each renewal, and if you purchase an annual Subscription, we will send you a reminder notice as required by applicable law, in each case setting forth the then-current Subscription Fee. By agreeing to these Terms and electing to purchase a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or PlanChecker.AI. Your Subscription continues until cancelled by you or we terminate your access to or use of the Services or Subscription in accordance with these Terms. We reserve the right to change or impose new fees for Subscriptions at any time with or without notice (as presented to you on the Site or via the Services), effective upon the end of your then-current Subscription.

(c) Cancelling Subscriptions

You may cancel a Transaction for a full refund within ten (10) calendar days of your initial purchase. AFTER THAT, YOUR PURCHASE IS FINAL AND YOU WILL NOT BE ABLE TO CANCEL THE PURCHASE AND/OR RECEIVE A REFUND OF YOUR SUBSCRIPTION FEE AT ANY TIME. But if something unexpected happens in the course of completing a Transaction, we reserve the right to cancel your Transaction for any reason; if we cancel your Transaction we’ll refund any payment you have already remitted to us for such Transaction. Without limiting the foregoing, you may cancel your Subscription at any time, but please note that such cancellation will be effective at the end of the then-current Subscription period. EXCEPT AS SET FORTH ABOVE WITH RESPECT TO YOUR INITIAL SUBSCRIPTION PURCHASE, YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION. You may cancel your Subscription via your account within the Services. You will be responsible for all Subscription Fees (plus any applicable taxes and other charges) incurred for the then-current Subscription period. If you cancel, your right to use the Services will continue until the end of your then current Subscription period and will then terminate without further charges.

7. Your Content; Output

(a) Posting Content

Our Services allow you to store and transmit content, including without limitation Architectural Documentation and other text, files, documents, graphics, images, and video. Anything (other than Feedback) that you post or otherwise make available (or which is posted or made available on your behalf) through the Services is referred to as “User Content”. PlanChecker.AI does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to your User Content.

(b) Permissions to Your User Content

By making any User Content available through the Services you hereby grant to PlanChecker.AI a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with (i) operating, providing, and improving the Services and PlanChecker.AI’s other technologies, including without limitation to train and fine-tune machine learning models and artificial intelligence technologies; and (ii) generating Services Information.

(c) Your Responsibility for User Content

You are solely responsible for all your User Content. You represent and warrant that you have obtained (and will have) all rights, permissions, consents, and authority that are necessary to grant us the license rights in your User Content under these Terms. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by PlanChecker.AI on or through the Services will infringe, misappropriate, or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. FOR CLARITY, YOU REPRESENT AND WARRANT THAT YOU HAVE OBTAINED ALL NECESSARY RIGHTS, LICENSES, AND PERMISSIONS FROM THE APPLICABLE INTELLECTUAL PROPERTY RIGHTS HOLDER OF ARCHITECTURAL DOCUMENTATION (E.G., THE APPLICABLE ARCHITECT WHO CREATED THE ARCHITECTURAL DOCUMENTATION) TO TRANSMIT IT TO THE PLATFORM, AND TO ALLOW PLANCHECKER.AI TO USE IT AS AUTHORIZED BY THESE TERMS, INCLUDING WITHOUT LIMITATION FOR PLANCHECKER.AI TO IMPROVE ITS SERVICES AND FOR AI/ML TRAINING PURPOSES.

(d) Removal of User Content

You can remove your User Content by specifically deleting it. You should know that in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

(e) Ownership of Output; License to Output

As between PlanChecker.AI and you, you own the Output. You hereby grant to PlanChecker.AI a worldwide, perpetual, irrevocable, sublicensable (through multiple tiers), royalty-free, fully paid-up license to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform any Output for any business purposes, including without limitation to provide, maintain, operate, and improve the Services and PlanChecker.AI’s other technologies, and to train and fine-tune machine learning models and artificial intelligence technologies.

(f) PlanChecker.AI’s Intellectual Property

We may make available through the Services content that is subject to intellectual property rights. We retain all rights to that content.

8. Rights and Terms for Apps

(a) App License

If you comply with these Terms, PlanChecker.AI grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install the App on your personal computers, mobile handsets, tablets, wearable devices, and/or other devices and to run the App solely for your own personal non-commercial purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App (unless applicable law permits, despite this limitation); or (iv) make the functionality of the App available to multiple users through any means.

(b) Additional Information: Apple App Store

This Section 8(b) applies to any App that you acquire from the Apple App Store or use on an iOS device. Apple has no obligation to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the App purchase price to you (if applicable) and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that your possession and use of the App infringe that third party’s intellectual property rights. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You must also comply with any applicable third-party terms of service when using the App.

9. General Prohibitions and PlanChecker.AI’s Enforcement Rights

You agree not to do any of the following:

1. Post, upload, publish, submit, or transmit any User Content that contains any (i) payment card or cardholder data (as defined by PCI DSS), financial account or banking information, government-issued identification numbers (such as Social Security numbers or passport numbers), or biometric data; or (ii) Protected Health Information (PHI) (as defined by HIPAA), including via the Services.
2. Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
3. Use, display, mirror or frame the Services or any individual element within the Services, PlanChecker.AI’s name, any PlanChecker.AI trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without PlanChecker.AI’s express written consent;
4. Access, tamper with, or use non-public areas of the Services, PlanChecker.AI’s computer systems, or the technical delivery systems of PlanChecker.AI’s providers;
5. Attempt to probe, scan or test the vulnerability of any PlanChecker.AI system or network or breach any security or authentication measures;
6. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by PlanChecker.AI or any of PlanChecker.AI’s providers or any other third party (including another user) to protect the Services;
7. Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by PlanChecker.AI or other generally available third-party web browsers;
8. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
9. Use any meta tags or other hidden text or metadata utilizing a PlanChecker.AI trademark, logo URL or product name without PlanChecker.AI’s express written consent;
10. Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
11. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
12. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
13. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
14. Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
15. Impersonate or misrepresent your affiliation with any person or entity;
16. Violate any applicable law or regulation; or
17. Encourage or enable any other individual to do any of the foregoing.

PlanChecker.AI is not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

10. Links to Third Party Websites or Resources

The Services (including the App) may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party resources.

11. Termination

We may suspend or terminate your access to and use of the Services, including suspending access to or terminating your account, at our sole discretion, at any time and without notice to you. You may cancel your account at any time by sending us an email at info@planchecker.ai. Upon any termination, discontinuation or cancellation of the Services or your account, the following Sections will survive: 5, 6, 7(c), 7(e), 9, 11, 7(b), 7(c), 7(e), 9, 11, 12, 13, 14, 15, 16, and 17.

12. Warranty Disclaimers

(a) General

THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the Services.

(b) AI/ML

DUE TO THE NATURE OF MACHINE LEARNING AND ARTIFICIAL INTELLIGENCE, ANY OUTPUT MAY NOT BE UNIQUE AND THE SERVICES MAY GENERATE THE SAME OR SIMILAR OUTPUT FOR CUSTOMER OR A THIRD PARTY. GIVEN THE PROBABILISTIC NATURE OF MACHINE LEARNING, THE SERVICES MAY IN SOME SITUATIONS PRODUCE OUTPUT THAT IS INACCURATE, INCORRECT, OFFENSIVE OR OTHERWISE UNDESIRABLE. THE ACCURACY, QUALITY AND COMPLIANCE WITH APPLICABLE LAW OF THE OUTPUT IS DEPENDENT UPON AND COMMENSURATE WITH THAT OF THE USER CONTENT INPUTTED INTO THE SERVICES AND CUSTOMER’S COMPLIANCE WITH THIS AGREEMENT, AND NOTWITHSTANDING ANYTHING ELSE SET OUT HEREIN, PLANCHECKER.AI WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO CUSTOMER OR ANY OTHER PERSON OR ENTITY FOR OR IN CONNECTION WITH ANY USER CONTENT OR OUTPUT, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGES RELATING TO OR ARISING FROM USER CONTENT, OUTPUT, OR THEIR USE. CUSTOMER SHALL EVALUATE THE CONTENT, NATURE, TONE AND ACCURACY OF ANY OUTPUT AS APPROPRIATE FOR THE APPLICABLE USE CASE, INCLUDING BY USING HUMAN REVIEW OF THE OUTPUT. FOR PURPOSES OF THESE TERMS, “OUTPUT” MEANS ANY DATA, CONTENT, INFORMATION, RESPONSES, SUGGESTIONS, OR OTHER OUTPUT GENERATED BY THE SERVICES IN CONNECTION WITH YOUR USE THEREOF, INCLUDING WITHOUT LIMITATION ARCHITECTURAL PLANS, DESIGNS, VISUALIZATIONS, RESPONSES TO PROMPTS AND QUERIES, AND OTHER OUTPUTTED INFORMATION.

(c) No Professional Advice; No Reliance on Output

YOU ACKNOWLEDGE AND AGREE THAT (I) THE SERVICES AND ANY OUTPUT ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO BE, AND SHALL NOT BE CONSTRUED OR RELIED UPON AS, LEGAL, FINANCIAL, ARCHITECTURAL, ENGINEERING, OR ANY OTHER FORM OF PROFESSIONAL ADVICE; (II) THE SERVICES AND OUTPUT ARE NOT A SUBSTITUTE FOR HUMAN JUDGMENT OR FOR CONSULTATION WITH QUALIFIED PROFESSIONALS IN THE RELEVANT FIELD; (III) YOU ARE SOLELY RESPONSIBLE FOR EVALUATING AND VERIFYING THE CONTENT, NATURE, TONE, AND ACCURACY OF ANY OUTPUT, INCLUDING THROUGH MEANINGFUL HUMAN REVIEW AND WRITTEN APPROVAL BY THE APPLICABLE STRUCTURAL ENGINEER, AND FOR ANY DECISIONS OR ACTIONS TAKEN IN CONNECTION WITH THE SERVICES OR OUTPUT; (IV) PLANCHECKER.AI MAKES NO WARRANTIES OR GUARANTEES REGARDING THE RESULTS OR OUTCOMES OF ANY OUTPUT, OR THAT ANY OUTPUT WILL ACHIEVE ANY INTENDED RESULTS OR OTHERWISE, AND DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH ANY OUTPUT OR YOUR RELIANCE THEREON; AND (V) YOU SHALL NOT RELY ON ANY OUTPUT WITHOUT INDEPENDENT VERIFICATION AND PROFESSIONAL APPROVAL. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL SEEK AND CONSULT THE GUIDANCE OF QUALIFIED PROFESSIONALS (E.G., STRUCTURAL ENGINEERS, ARCHITECTS, AND LAWYERS) BEFORE MAKING DECISIONS BASED ON THE SERVICES OR OUTPUT.

13. Indemnity

You will indemnify and hold PlanChecker.AI and its officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services, (b) your User Content, or (c) your violation of these Terms.

14. Limitation of Liability

(a) TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PLANCHECKER.AI NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PLANCHECKER.AI OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

(b) TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL PLANCHECKER.AI’S TOTAL CUMULATIVE LIABILITY TO YOU ARISING FROM ALL CLAIMS UNDER OR RELATED TO THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS ACTUAL PAID BY YOU OR ARE PAYABLE BY YOU TO PLANCHECKER.AI FOR USE OF THE SERVICES, PROVIDED THAT IN NO EVENT WILL PLANCHECKER.AI’S TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS MADE UNDER OR RELATED TO THIS AGREEMENT EXCEED FIFTY DOLLARS $50.

(c) THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PLANCHECKER.AI AND YOU.

15. Governing Law and Forum Choice

These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 17 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and PlanChecker.AI are not required to arbitrate will be the state and federal courts located in Los Angeles County, California, and you and PlanChecker.AI each waive any objection to jurisdiction and venue in such courts.

16. Dispute Resolution For Individuals

(a) Mandatory Arbitration of Disputes

We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and PlanChecker.AI agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and PlanChecker.AI are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.

(b) Exceptions

As limited exceptions to Section 17(a) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.

(c) Conducting Arbitration and Arbitration Rules

The arbitration will be conducted by JAMS under its Streamlined Arbitration Rules & Procedures (the “JAMS Rules”) then in effect, except as modified by these Terms. The JAMS Rules are available at www.jamsadr.com or by calling 1-800-352-5267. A party who wishes to start arbitration must submit a written Demand for Arbitration to JAMS and give notice to the other party as specified in the JAMS Rules. JAMS provides a form Demand for Arbitration at www.jamsadr.com.

Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.

(d) Arbitration Costs

Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.

(e) Injunctive and Declaratory Relief

Except as provided in Section 17(b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.

(f) Class Action Waiver

YOU AND PLANCHECKER.AI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.

(g) Severability

With the exception of any of the provisions in Section 17(f) of these Terms (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.

17. Dispute Resolution for Entities

If you are accessing and using the Services on behalf of a company or other legal entity, any Dispute will be resolved exclusively accordingly to the process set forth in Section 16 (Dispute Resolution for Individuals), expressly including the class action waiver, except that, to the extent legally permitted, (a) each party will be responsible for their own filing, administrative, arbitrative and similar fees, (b) the losing party will pay the prevailing party for all costs and attorney’s fees, and (c) the JAMS Comprehensive Arbitration Rules & Procedures will apply to any arbitration between us.

18. General Terms

(a) Reservation of Rights

PlanChecker.AI and its licensors exclusively own all right, title and interest in and to the Services and Service Information, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services. For purposes of these Terms, “Services Information” means any data that is derived or aggregated in deidentified form from User Content or your use of the Services, including without limitation any usage data or trends with respect to the Services.

(b) Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between PlanChecker.AI and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between PlanChecker.AI and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. Except where provided by applicable law in your jurisdiction, you may not assign or transfer these Terms, by operation of law or otherwise, without PlanChecker.AI’s prior written consent. Any attempt by you to assign or transfer these Terms absent our consent or your statutory right, without such consent, will be null. PlanChecker.AI may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

(c) Notices

Any notices or other communications provided by PlanChecker.AI under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

(d) Waiver of Rights

PlanChecker.AI’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of PlanChecker.AI. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

(e) Contact Information

If you have any questions about these Terms or the Services, please contact PlanChecker.AI at:

• Phone: +3107504548
• Website: https://www.planchecker.ai
• Email: info@planchecker.ai