Terms Of Service
Table of Contents
By downloading, browsing, accessing or using the mobile application AhavaPlan (hereinafter referred to as the “Application”), you hereby agree with the present Terms of services (hereinafter – the “ToS”). This ToS is a binding legal agreement between AhavaPlan, incorporated under the laws of Texas, the USA and located in Dallas (hereinafter referred to as the “Company”) and you, a natural person, downloading, accessing or using the Application (hereinafter – the “User” or “You”). The Company reserves the right to amend the ToS at any time. If you disagree with any amendment, you must immediately discontinue your access to the Application and stop to use all the services offered in Application. If you continue to use the Application, the amended ToS have legal force for you and your actions will constitute 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.
1.1 Application – AhavaPlan mobile application for wedding planning with all thesubsequent services connected with this mobile application. The services inside the Application shall be considered as rendered in the territory of Texas.
1.2 User – a natural person, downloading, accessing or using the Application. All the Users are divided into Planners and Couples, depending on their intention to use the Application and their role in the wedding. It is supposed that the User uses the Application for a purpose of wedding planning. Nevertheless, a natural person downloading the Application and/ or creating account in the Application should follow the rules of the ToS even when this person has not subscribed to any plan yet/has not started planning of the wedding yet.
1.3 User’s Account – the User‘s personal profile in the Application, which can only be accessed by the User with corresponding login and password. The User is responsible to save login and password carefully and the Company is not responsible in case if a third party logs into the User’s Account.
1.4 Couple member – the User who is one of two people preparing to marry. Both members from the Couple should create accounts in the Application and those accounts should correspond to each other.
1.5 Couple – two Couple members together.
1.6 Planner – a professional wedding planner responsible to organize the wedding for the Couple.
1.7 License – a non-exclusive, non-transferable, revocable, limited license granted by the Company to the User to use the Application for the purpose of wedding planning only.
1.8 Vendor – contractor who is not a user of the Application, but whose services the User (the Couple member or the Planner) uses in order to organize the wedding (for example: photographers, performers, subcontractors for services).
1.9 Fee – payment that the User pays to the Company in accordance with the ToS
II.SCOPE OF THE AGREEMENT
2.1 The Company provides the User with the License to use the Application and the Users pays the Fee to the Company in accordance with the chosen subscription plan. The Application contains tools that help the Users to plan and organize a wedding. The Company provides supportive tools on the platform, but the Company does not organize the Users’ wedding, the Company is not involved in any agreements between the Users (Couples and Planners) and in agreements between the User(s) and third party (-es), related to the wedding.
2.2 The User is entitled to enjoy the services in the Application corresponding to the chosen plan, including but not limited to: choosing a planner (for couples), budget planning for the upcoming wedding, advanced budget tracking, enhanced organization tools with Kanban board for triaging and editable checklists, finding vendors, creative community chats for wedding ideas exchange and social engagement.
2.3 The Company endeavors to provide continuous uninterrupted service operation in the Application, so the User can get access to the Application any time. However, th User acknowledges that the Application might be temporarily inaccessible due to technical maintenance and server-related issues, so the Company does not guarantee absolutely uninterrupted (100 %) availability of the Application. The User downloads the Application from AppStore, GooglePlay or from another marketplace for mobile application, so the User shall comply with policies of a chosen marketplace as well. If the Application does not operate because it is not compatible with the User’s device (mobile phone, tablet, etc.), the Company does not bear any responsibility.
2.4 The User acknowledges that the result of the wedding planning depends mainly on collaboration between the Couple and the Planner, on the Planner’s professional skills and other circumstances not related to the Application, and the successful wedding experience is in no case fully or partially guaranteed by the Company.
Ill.USER ACCOUNT AND SUBSCRIPTION
3.1 The User hereby warrants that he or she is a person of legal age whose legal capacity has not been limited to the extent that would prevent them from undertaking the obligations assumed by the ToS.
3.2 After the User creates an account, the User fills in the information about his or her personality, lifestyle and preferences about wedding. The User understands that this information will be visible to other Users in the Application.
3.3 There are three ways to use the Application for Couples:
3.3.1 The Couple members create accounts with the intention to organize their wedding without a planner. They can choose free basic plan or upgrade to Premium with a Fee in amount of 100 (one hundred) USD. Premium plan includes additional features such as: Editable template, Countdown, Notes &Ideas, Analytics, Assign Tasks, Mood Tracker, Locate Vendors, Custom Profile, Gift Box, etc.
3.3.2 The Couple may choose to connect with a Planner through the Application and after a successful match the Couple gets access to the Premium features for free. The question of the Planner’s remuneration shall be discussed between the Couple and the Planner, and the Company is not responsible for any conflicts regarding such remuneration that might arise between the Couple and the Planner.
3.3.3 The Couple members can create their accounts after they are invited by a Planner who has already been registered within the Application. The Couple members enter the invitation code and get access to the Premium features for free. They are automatically assigned to the Planner who invited them.
3.4 When the Planner creates an account, the Planner shall choose a tariff (Single, Bronze, Silver or Gold) and pay the Fee in accordance with the chosen tariff. The Company reserves the right to change pricing at any time.
3.5 The Company may request any User to upload the documents to verify the identity or to send such documents to the Company (for example, ID photo, address proof, etc.) The Company may not explain the reasons of a request to the User. If the User does not provide the Company with requested documents and/or information, the Company may restrict access to the Application for such user.
3.6 The User warrants that all of the information given to the Company is genuine and complete. The Company reserves the right to delete the User account if the Company finds out that the information of the User is false or incomplete.
3.7 The Company may ban any User from the Application, if the behavior of this User in the Application is not in accordance with the laws of Texas, the Company’s policies, offensive to (an)other User(s) or constitutes a breach of a third party’s rights. The Company has a right not to compensate the Fee back to such User.
IV. INTELLECTUAL PROPERTY
4.1 The Application is the Company’s intellectual property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Application, as well as all the trademarks, service marks, and logos contained in the Application are owned or controlled by the Company or licensed to the Company, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of Texas, the US federal laws, and international conventions.
4.2 The Application is provided “AS IS” for the User’s personal use only. No part of the Application and no intellectual property inside it may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without the Company’s prior written permission.
4.3 The Company grants to the Users a non-exclusive, non-transferable, revocable, limited license to access and use the Application in accordance with the ToS. Such license is granted for non-commercial, personal use purposes only. The User agrees that the Company is not liable for any losses which may incur as a result of using this limited license.
4.4 The Company reserves the right, at its sole discretion, to change, modify, add, remove or terminate this license at any time for any reason.
4.5 All the content in the User’s profile, including but not limited to his photos, images, textual descriptions shall be the User’s intellectual property. The Company is not responsible for the User’s intellectual property. The User hereby confirms that the content in the User’s profile does not cause any third parties’ IP rights infringement and is compliant with legislation of Texas, the US federal laws and the User’s country of residence if it is different from the US.
V. LIMITATION OF LIABILITIES
5.1 The Company expressly disclaims all warranties of any kind. In no case shall the Company be liable for any damages and losses of the User including incidental, indirect, special or consequential damages or damages of any other kind.
5.2 The User shall indemnify and hold harmless the Company from and against any and all direct and consequential loss, damage, liability, cost, or expense that the Company may incur by reason of or in connection with the User’s activities in or with the Application.
5.3 The User acknowledges that they are solely responsible for setting up their mobile phones and other device (for example, tablets, portable devices) where they install and use the Application. The Company is not liable if the User cannot use the Application because of device settings.
VI. APPLICABLE LAW AND JURISDICTION
6.1 The ToS and all and any disputes, controversies and differences arising out of or relating to the ToS, including any questions regarding its existence, validity or termination shall be construed, interpreted, applied, and governed in all respects in accordance with the laws of Texas, without giving effect to its principles of conflicts of law.
6.2 All actions or proceedings arising in connection with this Agreement shall be tried and litigated exclusively in the trial courts of general jurisdiction of Texas.
VII. TERM AND TERMINATION
7.1 The ToS shall remain in full force and effect while the User uses the Application.
7.2 The User can delete the account at any time. If the User paid a Fee, the Companydoes not pay the Fee back to the User. When the User deletes the Application from the User’s smartphone, it does not mean deletion of the User account. The User’scredentials remain valid, but the Company can delete the User account due to long time inactivity.
7.3 The Company may at any time without prior notice permanently or temporarily terminate the operation of the Application.
VIII. FINAL PROVISIONS
8.1 The Company ́s contact details the User shall use in case of any notification made here under are as follows – email address of the Company: firstname.lastname@example.org
8.2 The User agrees to any future change of the ToS by the Company. In case of such change the User shall always be notified. If the User continues to use the User Application after the notification of changes, it means an acceptance of such changes.
8.3 Force Majeure. The Company will not be liable for any delay or failure to perform as required by these ToS because of any cause or condition beyond the Company’s reasonable control.
8.4 Severability. If any portion of the ToS is held invalid or unenforceable, such invalidity or enforceability will not affect the other provisions of these Terms, which will remain in full force and effect, and the invalid or unenforceable portion will be given effect to the greatest extent possible.
8.5 Third-Party Services Disclaimer. Any links to third-party services, advertising, affiliate links that the Application may include do not imply endorsement by the Company of any product, service, information or disclaimer presented therein, nor does the Company guarantees the accuracy of the information contained on them. If the User suffers loss from using such third-party product and service, the Company will not be liable for such loss.