Terms of Service

Welcome to PlanPanda (the "App" or "Service"). By accessing or using PlanPanda, you agree to be bound by these Terms of Service.

1. Acceptance of Terms

By accessing or using PlanPanda, you agree to these Terms of Service and our Privacy Policy. If you do not agree to these terms, please do not use the application.

2. Eligibility and Age Requirements

You must be at least 13 years old to use PlanPanda. If you are under 18 years of age, you may only use the App with the consent and supervision of a parent or legal guardian. By using the App, you represent and warrant that you meet these age requirements and have the legal capacity to enter into these Terms.

3. License to Use the App

We grant you a limited, non-exclusive, non-transferable, revocable license to use PlanPanda for personal, non-commercial purposes in accordance with these Terms. This license does not include the right to:

• Reverse engineer, decompile, or disassemble the App
• Copy, modify, or create derivative works of the App
• Rent, lease, loan, or sell access to the App
• Remove or alter any proprietary notices or labels on the App
• Use the App for any commercial purpose without our prior written consent
• Scrape, harvest, or collect data from the App using automated means
• Interfere with or disrupt the App or servers connected to the App

4. Subscription and Payments

Access to premium features of PlanPanda requires a paid subscription. By subscribing, you agree to pay all fees in accordance with the pricing displayed in the app. Subscriptions automatically renew unless cancelled at least 24 hours before the renewal date. You can manage and cancel your subscription through your device's App Store settings.

App Store Payments: Payments and billing for PlanPanda subscriptions are handled by Apple (or Google, as applicable), not by PlanPanda. We do not have access to or control over your payment information. All payment transactions are subject to the terms and conditions of the App Store. Refunds are handled in accordance with the App Store's policies. We are not responsible for any issues related to payment processing, billing disputes, or refund requests, which must be directed to the App Store.

Prices are subject to change. Any price changes will be communicated in advance. If you do not agree to a price change, you may cancel your subscription before the change takes effect.

5. User Content

You are solely responsible for all content, data, and information you create, upload, or submit through PlanPanda ("User Content"). You represent and warrant that:

• You own or have the necessary rights to all User Content
• User Content does not violate any third-party rights, including intellectual property, privacy, or publicity rights
• User Content does not violate any applicable laws or regulations
• User Content is not harmful, offensive, or illegal

We reserve the right to remove any User Content that violates these Terms or is otherwise objectionable, in our sole discretion. By using the Service, you grant us a limited, non-exclusive license to host, store, and process your User Content solely for the purpose of operating and providing the App to you.

6. Data Ownership

You retain full ownership of all data you create within the application. All meal plans, recipes, grocery lists, and personal information are stored securely in our cloud database, and we are committed to protecting your privacy as outlined in our Privacy Policy. However, you acknowledge that we may access, use, and disclose your data as necessary to provide the Service, comply with legal obligations, or enforce these Terms.

7. Third-Party Services

PlanPanda may integrate with or use third-party services, including but not limited to cloud storage providers, analytics services, and other software tools. We are not responsible for the content, policies, practices, or availability of these third-party services. Your use of any third-party service is subject to that service's terms and conditions and privacy policy. We disclaim all liability for any issues arising from your use of or interaction with third-party services.

8. Availability and Service Interruptions

We do not guarantee continuous, uninterrupted, or error-free availability of PlanPanda. The Service may be unavailable due to maintenance, updates, technical issues, or circumstances beyond our control. We may suspend or discontinue features, functionality, or the entire Service at any time, with or without notice. We are not liable for any damages resulting from Service unavailability or interruptions.

9. Termination

We may suspend or terminate your access to PlanPanda at any time, with or without cause, including for violations of these Terms. You may stop using the Service at any time. Upon termination:

• Your right to use the Service will immediately cease
• We may delete your account and User Content, subject to our data retention policies
• You remain responsible for any fees incurred prior to termination

Sections of these Terms that by their nature should survive termination will survive, including but not limited to indemnification, limitation of liability, and dispute resolution provisions.

10. User Responsibilities

You are responsible for:

• Maintaining the security of your device and account
• All activities that occur under your account
• Backing up your data regularly
• Ensuring your use of the App complies with applicable laws
• Not using the App for any illegal or unauthorized purpose

11. Disclaimer of Warranties

PlanPanda is provided "as is" and "as available" without any warranties, expressed or implied. We do not warrant that the App will be error-free, uninterrupted, secure, or free of harmful components. We disclaim all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We are not responsible for any dietary decisions you make based on the App's features or content.

12. Limitation of Liability

To the maximum extent permitted by law, PlanPanda and its affiliates, officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your use or inability to use the App
• Any decisions made based on the App's features or content
• Unauthorized access to or alteration of your data
• Service interruptions or unavailability
• Any other matter relating to the App

Our total liability to you for any claims arising from or related to the Service shall not exceed the amount you paid to us in the twelve (12) months preceding the claim, or $100, whichever is greater.

13. Indemnification

You agree to indemnify, defend, and hold harmless PlanPanda and its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property or privacy rights
• Your User Content
• Any illegal or unauthorized use of the App

14. Health and Medical Disclaimer

PlanPanda is not a substitute for professional medical advice, diagnosis, or treatment. The nutritional information and meal planning features are for informational purposes only. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition or dietary changes. Never disregard professional medical advice or delay seeking it because of something you have read or used in PlanPanda.

15. Dispute Resolution and Arbitration

Any dispute arising from these Terms or the use of the Service shall be resolved through binding arbitration on an individual basis, rather than in court. You agree to waive your right to a jury trial and to participate in a class action lawsuit. Arbitration will be conducted by a single arbitrator in accordance with the rules of the American Arbitration Association (AAA) or similar arbitration organization. The arbitration will take place in Massachusetts, USA, and will be conducted in English.

Notwithstanding the foregoing, either party may seek injunctive relief in any court of competent jurisdiction to protect intellectual property rights or to prevent irreparable harm.

16. Changes to Terms

We reserve the right to modify these terms at any time. Users will be notified of any material changes via email and/or in-app notifications. Continued use of the App after changes constitutes acceptance of the new terms. If you do not agree to the modified terms, you must stop using the Service.

17. Severability and Entire Agreement

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect. These Terms, together with our Privacy Policy, constitute the entire agreement between you and PlanPanda regarding the Service and supersede all prior agreements and understandings.

18. Governing Law

These terms shall be governed by and construed in accordance with the laws of the State of Massachusetts, USA, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in Massachusetts, USA.

19. Contact

If you have any questions about these Terms of Service, please contact us at: hello@studionoo.com