Terms Of Service

I. Definitions
II. Scope of the Agreement
III. User Account, Payment, and Commissions
IV. User Responsibilities and Conduct
V. Intellectual Property
VI. Limitation of Liabilities
VII. Payment Terms and Dispute Resolution
VIII. Data Use and Privacy
IX. Arbitration and Governing Law
X. Term and Termination
XI. Final Provisions

Last update: 28th of October, 2024

By downloading, browsing, accessing, or using the Ahavaplan mobile application and its related services, including Ahavapay (collectively, the “Application”), you agree to these Terms of Service (hereinafter – the “ToS”). This ToS is a binding legal agreement between Ahavaplan Inc., a Delaware incorporated company (hereinafter referred to as the “Company”), and you, an individual accessing or using the Application (hereinafter referred to as the “User” or “You”). The Company reserves the right to amend the ToS at any time, and such amendments will be binding upon publication. If you disagree with any amendment, you must immediately cease using the Application. Continuing to use the Application constitutes acceptance of the amended ToS.

PLEASE READ THE TERMS CAREFULLY BEFORE CREATING YOUR ACCOUNT. IF YOU DO NOT AGREE WITH ALL OR ANY THESE TERMS, PLEASE DELETE THE APPLICATION IMMEDIATELY.

I. DEFINITIONS

1.1 Application – the Ahavaplan mobile application and all subsequent services associated with it, including wedding planning tools and payment processing services, Ahavapay.
1.2 User – any individual who downloads, accesses, or uses the Application, including both Planners and Couples, as well as Vendors authorized by the Company for Ahavapay transactions.
1.3 User’s Account – the personal profile in the Application accessed by the User with login credentials. The User is solely responsible for maintaining the security of these credentials.
1.4 Couple Member – one of two Users preparing to marry; both members of a Couple should create individual accounts that are linked.
1.5 Planner – a professional responsible for organizing a wedding on behalf of a Couple. All planners are subject to verification requirements via Stripe before being granted access to the Ahavaplan platform.
1.6 Vendor – any third-party service provider who, though not a User, may be involved in wedding planning or receive payment through Ahavapay.
1.7 Ahavapay – a payment service enabling secure transactions for wedding-related services directly within the Application.
1.8 Commission – the percentage of the transaction amount deducted by the Company as a fee for processing services within Ahavapay.
1.9 Wallet – an account within Ahavaplan where planners can track earnings before they are transferred to their bank accounts. Payouts from the Wallet are processed by Stripe.

II.SCOPE OF THE AGREEMENT

2.1 The Company grants the User a License to use the Application for wedding planning and payment processing (Ahavapay). The Application offers tools to assist with wedding planning, but the Company does not organize weddings nor mediate agreements between Couples, Planners, or Vendors.

2.2 Users have access to tools based on their roles, including planner selection, budgeting, event coordination, vendor search, and community engagement features. Ahavapay enables secure payment transactions, but the Company does not guarantee payment disputes will be resolved between Users and Vendors.

2.3 The Company strives for continuous operation of the Application but does not guarantee 100% availability. Users acknowledge possible service disruptions due to maintenance or technical issues. Users must also comply with App Store or Google Play policies regarding Application compatibility with their devices.

2.4 Successful wedding planning results depend on multiple factors, including Planner expertise and Couple-User collaboration, over which the Company holds no responsibility or guarantee.

III. USER ACCOUNT, PAYMENT, AND COMMISSIONS

3.1 Users must be of legal age and capable of entering binding agreements under applicable laws.

3.2 Users are required to provide accurate and complete information when creating an account. Any fraudulent or misleading information may lead to account suspension or termination.

3.3 Planner Verification and Wallet Setup via Stripe: All planners must undergo identity verification by Stripe to set up their vendor accounts within Ahavaplan. This process includes Stripe requesting and verifying identification documentation from planners before they can access and manage their wallets on Ahavaplan.

3.4 Ahavapay Transactions and Commission: Ahavaplan charges a commission on services paid through Ahavapay. This commission is automatically deducted from each transaction, and Users agree to the terms governing Ahavapay’s fees and processing policies, including the non-refundable nature of these fees.

3.5 Payout Processing: Planners receive their payouts directly from Stripe to their designated bank accounts. The Wallet within Ahavaplan allows planners to view transaction histories and earnings before these funds are transferred by Stripe.

3.6 The Company reserves the right to ban any User for behavior that violates Delaware law, Company policy, or other Users’ rights.

IV. USER RESPONSIBILITIES AND CONDUCT

4.1 Users agree to use the Application in accordance with all applicable laws and Company policies.

4.2 Planners and Vendors are solely responsible for meeting obligations to Couples, including quality, timelines, and accuracy of services rendered.

4.3 Couples are responsible for understanding the terms, conditions, and fees related to services they choose.

4.4 The Company may take corrective action, including account suspension or termination, against any User engaging in fraudulent activity, spamming, harassment, or violation of another User’s rights.

V. INTELLECTUAL PROPERTY

5.1 The Company owns all intellectual property within the Application, including code, databases, trademarks, and media. Users are granted a limited, non-exclusive, and revocable license solely for personal, non-commercial use.

5.2 Users may not copy, redistribute, or exploit any content within the Application without the Company’s written permission.

5.3 Users are solely responsible for intellectual property in their profiles. The Company is not liable for content posted by Users and reserves the right to remove any infringing material.

VI. LIMITATION OF LIABILITIES

6.1 The Company disclaims all warranties, express or implied, regarding the Application’s functionality or availability. The Company is not liable for any damages, including incidental, indirect, or consequential losses.

6.2 Users agree to indemnify the Company against any losses arising from their actions within the Application.

6.3 The Company bears no responsibility for technical issues arising from the User’s device setup or connectivity issues that affect Application use.

6.4 Ahavapay-Specific Liability: The Company is not responsible for payment disputes between Users and Vendors. Ahavapay provides secure transaction tools but does not guarantee the resolution of disagreements over payments or services rendered.

VII. PAYMENT TERMS, STRIPE VERIFICATION, AND DISPUTE RESOLUTION

7.1 Transaction Disputes: Users must attempt to resolve payment or service disputes directly with each other. If unresolved, the Company may assist in facilitating communication but is not responsible for resolution.

7.2 Refunds and Chargebacks: Commissions collected by Ahavapay are non-refundable. The Company is not liable for chargebacks or disputes initiated through external financial institutions.

7.3 Stripe as Verification and Payout Processor: The Company uses Stripe for planner verification, wallet setup, and payout processing. Planners must comply with Stripe’s identification requests to access Ahavaplan services, and any issues with payouts must be addressed with Stripe directly.

VIII. DATA USE AND PRIVACY

8.1 The Company collects, stores, and processes User data in compliance with applicable data protection laws. Personal data may be used for Application functionality, analytics, and marketing in accordance with the Privacy Policy.

8.2 Users consent to the Company’s data collection, storage, and processing practices, as detailed in the Privacy Policy, upon creating an account.

8.3 The Company is not liable for unauthorized access to User data resulting from third-party breaches outside its control.

IX. ARBITRATION AND GOVERNING LAW

9.1 This ToS and any related disputes are governed by Delaware law, without regard to conflict-of-law principles.

9.2 Disputes will be exclusively tried in Delaware trial courts unless submitted to arbitration at the Company’s discretion.

9.3 Arbitration Agreement: If a dispute arises that cannot be resolved informally, it will be resolved through binding arbitration in Delaware, with each party bearing its own arbitration fees.

X. TERM AND TERMINATION

10.1 This ToS remains effective while the User maintains an account. Account deletion can be initiated by the User at any time, but no refund is provided for unused portions of paid transactions.

10.2 The Company may terminate the Application’s operation or a User’s access at its discretion without notice.

XI. FINAL PROVISIONS

11.1 Contact: For inquiries, reach us at support@ahavaplan.com.
11.2 Future Amendments: Continued use after amendments indicates acceptance of changes.
11.3 Force Majeure: The Company is not liable for performance delays due to circumstances beyond its control.
11.4 Severability: Any invalid provision of the ToS does not affect the enforceability of other provisions.
11.5 Third-Party Services: Links to third-party services are for convenience and do not imply Company endorsement; the Company is not liable for loss from third-party service use.