TERMS AND CONDITIONS

Chapter 1: IN GENERAL

MnR Services Sàrl (herein referred to as “MnR” or “Licensor” or “we” or “us”) owns the trademarks Plan-It-All and Atlentis and operates as follows:

• MnR operates the website, www.plan-it-all.com and the service transaction platform work order management system, my.plan-it-all.com (herein referred to separately or together as the “Website”).
• MnR also licenses the application Atlentis (and any of its updates) (herein referred to as the “Application”), which is available for downloading on the Apple AppStore and the Google Play Store.

This document governs your relationship with us (herein referred to as “End User” or “you”), the Website and the licensing of and the use of the application Atlentis. Access to and use of this Website, and licensing and use of the Application and the products and services available through the Website (herein referred to as the “Website Services”) and/or through the Application (herein referred to as the “App Services”) are subject to the present Terms and Conditions, as well as other applicable notices provided by MnR (herein referred to as the “Terms and Conditions”).

By using the Website and/or App Services, the Website and/or downloading the Application from either the Apple AppStore or the Google Play Store, you are agreeing to the present Terms and Conditions, as well as any update made by us from time to time. You should check the Terms and Conditions regularly on the relevant Website to ensure you are aware of any changes we may have made. All other direct or indirect uses which are not in conformity with these Terms and Conditions are prohibited.

Access to the Website and licensing of the Application are permitted on a temporary basis, and we reserve the right to withdraw or amend the Website and Application Services without notice. We will not be liable if, for any reason, this Website and/or the Application are unavailable at any time or for any period of time. From time to time, we may restrict access to parts or all the Website, the Application, the Website Services and/or the Application Services.

The Website and the Application may contain links to other websites (herein referred to as “Linked Sites”), that are not owned, licensed or operated by MnR. MnR has no indirect or direct control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms and conditions governing the use of each such site.

It is acknowledged by MnR and by you that the Apple AppStore and the Google Play Store are not a party to these Terms and Conditions and are not bound by any provisions or obligations with regards to the maintenance and support of the Website, the Application, the Website Services and/or the Application Services.

All rights not expressly granted in the present Terms and Conditions to the End User are reserved.

Chapter 2: DEFINITIONS

• • Application: the Atlentis app, available on Apple AppStore or Google Play Store.
  • Application Account: any registered End User account on the Application.
  • Application Job: an individual Application Service purchase requiring either manual processing by MnR and/or processing on MnR servers.
  • Application Packs: a pack for a limited and specific quantity of services available in the Application for a given time. For example, the purchase of a HDR pack of 100 pictures will entitle the End User to process and create 100 HDR photos on the MnR servers over a period of 12 months following the purchase of the said pack.
  • Application Services: the services directly available on or through the Application:- Library: a digital library of all projects, your HDR photos, photos, 3D renders, floor plans, etc., for each project or for each property on our remote servers that is shared instantly among your various portable devices and computers.- HDR Photos*: high dynamic range photo created on MnR servers from a set of pictures captured with the Application and processed through MnR server-based AI engines.- Photo Editing Tools: third-party editing tools for photo optimisations (such as brightness, contrast, saturation, clarity, shadows, exposure, sharpness or gamma levels) or for photo transformation (such as resizing, rotation or cropping).- Blue Sky Service*: the replacement of the sky in a photo with another automatically generated sky using MnR server-based AI engines.- LiDar Scan and 3D Renders*: the use of the LiDar laser on your device (if available) tocapture point clouds on your device and create a 3D render using MnR server-based processing engines.- Conversion 3D Renders to Floor Plans: the manual conversion by MnR operators of a 3D render into floor plans ordered through the Application.* This service is not natively provided within the application and is processed by MnR server-based (remote) AI engines that are accessed by the application using a secured API layer.
  • European geographic area: the geographical area comprising the following countries: Albania, Andorra, Armenia, Austria, Azerbaijan, Belarus, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France (including DOM-TOM), Georgia, Germany, Greece, Hungary, Iceland, Ireland, Italy, Kazakhstan, Kosovo, Latvia, Liechtenstein, Lithuania, Luxembourg, Macedonia, Malta, Moldova, Monaco, Montenegro, Netherlands, Norway, Poland, Portugal, Romania, Russia, San Marino, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, Turkey, Ukraine, United Kingdom and Vatican City.
  • Free Subscription: any registered End user of the Application may be granted a Free Subscription until such time as MnR decides to discontinue such Subscription. The Application Services which are associated with the Free Subscription are defined in the profile of the End User.
  • Job: an individual Website Service purchase item within an Order. One or several jobs may compose an Order.
  • License: a non-transferable, non-exclusive, non-sublicensable license to install and use the Application on any Apple-branded and/or Androïd product that you own or control, as defined in chapter 6.1 below.
  • Order: an individual (or set of) purchase(s) of Website Services. An order may contain one or several jobs.
  • Parties: the parties are MnR, the Website, the Application and the End User.
  • Promotional Service Pack Credits: Promotional Service Credit Packages are only available for Website Services. They can be purchased in advance on the Website and may provide additional credit bonus to the purchaser for use against Website Services. Promotional Service Credits cannot be used for the payment of subscriptions and/or packs on the Application.
  • Public Holidays: Public Holidays are defined as those granted by the government of the Grand Duchy of Luxembourg.
  • Subscription(s): any subscription offered on the Application. Different levels of subscription offer different sets of services and functionalities accessible on the Application at different prices.
  • Terms of Sale: the Terms of Sales are part of these Terms and Conditions and in addition are defined specifically for, on the one hand, the Website Services (chapter 5), and on the other hand, the Application Services (chapter 6).

Chapter 3: PRIVACY POLICY

Our privacy policy, which sets out how we will use your information, can be found on the Website or on the Application. By using this Website and/or the Application, you consent to the processing described therein and warrant that all data provided by you is accurate.

Furthermore, you acknowledge that MnR will be able to access and adjust the downloaded Application content and your personal information, and that MnR’s use of such material and information is covered by the present Terms and Conditions and MnR’s Privacy Policy.

Chapter 4: SCOPE OF SERVICES and SCOPE OF THE APPLICATION

4.1. Scope of Website Services
The Website Services are designed to provide tools to support the marketing of real estate properties, whether residential or commercial, whether for existing properties or new developments, among other purposes. The Website Services include, but are not limited to, the following broad categories:

• a. Services related to 2D and 3D floor plans,
• b. Services related to 3D shoeboxes,
• c. Services related to architectural and/or engineering drawings,
• d. Optimisation of images and any related services (including but not restricted to object removal, virtual home staging, photo enhancement, photo renovation, etc),
• e. Services related to 3D scanning,
• f. Services related to 3D renderings,
• g. Services related to 3D modelling,
• h. Services related to Video capturing, editing and promotion.

MnR reserves the right to add, modify or remove any services linked to the broad categories above as indicated in Chapter 5 below, including the addition, change or removal of categories of services, whether in the real estate field or other fields.

4.2. Scope of the Application

The Application is designed –

• a. to facilitate the management of files related to real estate properties on the various End User devices (smartphone, tablet, desktop, etc.) through their storage on MnR servers,
• b. to capture photos related to real estate properties,
• c. to capture images of floorplans (and site plans) related to real estate properties,
• d. to capture photos related to real estate properties for the purpose of being processed on MnR servers to create High Dynamic Range photos,
• e. to use specific tools to edit photos, mostly through processing on MnR servers.
• f. to scan properties using LiDar lasers (if available on the End User devices) for the purpose of being processed on MnR servers to create corresponding 3D renders.
• g. to facilitate access and ordering of the Website Services.

MnR reserves the right to add, modify or remove any services available on the Application.

The Application is not tailored in any way which could violate the laws of any country, including but not limited to the Health Insurance Portability and Accountability Act (HIPAA), the Federal Information Security Management Act (FISMA), the Gramm-Leach-Bliley Act (GLBA), etc. If your interactions would be subject to such laws or could violate such laws, you should not use this Application.

• Website: a set of related pages under our domain name plan-it-all.com, including https://www.plan-it-all.com and the related service portal, https://my.plan-it-all.com.
• Website Account: any registered End User account on the Website.
• Website Services: the available services on the service portal (my.plan-it-all.com) of Plan-It-All or the value- added services of Plan-It-All accessed through the Application.
• Working Days: Working days are defined as Monday to Friday between 9:00 and 17:00 CET, except for Public Holidays.

Chapter 5: TERMS OF SALE FOR WEBSITE SERVICES (hereafter ‘Website Terms of Sale’)

5.1. General

The present Website Terms of Sale are only applicable for Website Services purchased on the Website or on the Website through the “Order” button in the Application.

By placing an Order for Website Services, you are purchasing a product/service on and subject to the following Terms and Conditions. All Orders are final and subject to availability and confirmation of payment.

Dispatch and completion times may vary according to availability and be extended due to processing delays or force majeure (as defined in Chapter 22 below) for which we will not be responsible.

To contract with  MnR,  you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us.  MnR  retains the right to refuse any order or other request. If your Order is confirmed, we will inform you by email.

By placing an Order, you warrant that all details you provide are true and accurate, that you are an authorized user of the credit or debit card used to place your Order and that there are sufficient funds to cover the cost of the goods/services, that you are an authorized user of the material (pictures, drawings, etc) you provide to MnR through the Website, and that, in the use of such material, you are in compliance with the EU General Data Protection Regulation 2016/679 (GDPR) of 14 April 2016, and the MnR Privacy Policy.

All prices advertised are indicated without value added tax or goods and services tax (‘VAT/GST’) and may be subject to additional VAT/GST charges in your country. MnR relies on the accuracy of the VAT/GST details provided by you and any loss suffered by MnR due to inaccurate information will be recovered by MnR from your credit balance if available or otherwise via a request for payment or other reasonable means.

The Website provides the possibility for a Website Account holder to create sub-users (directly or indirectly through branches) of his/her Website Account.  The present Terms and Conditions are applicable in full to any such sub-user.  The responsibility for any action of any of its sub-users remains, however, with the Website Account holder.

5.2. Placing an Order

When you place an Order for Website Services, you will receive an acknowledgement by e-mail confirming receipt of your Order. In addition, for Pay as you Go Customers making credit card/electronic payments, a message from the payment gateway of successful payment.

If there are any discrepancies between the size, quantity or nature or complexity of the Website Service(s) requested and that which is provided, you will receive a notification informing you of the difference in the chargeable amount. If your Website Account has a positive credit balance, the difference will be adjusted against this balance. Should there be no positive balance, a request for additional payment will be sent to you.

A contract between us will be formed on the receipt of payment for your amended Order. Only those services listed in the confirmation notification sent will be included in the contract formed. We will not be under any obligation to deliver services which have not been included in the new contract or paid for under the terms of the amended Order.

5.3. Pricing and Availability of Website Services

Whilst we try and ensure that all details, descriptions, and prices of Website Services are accurate, errors may occur. If we discover an error in the price of any goods/services which you have ordered, we will inform you of this as soon as possible. Pricing for floorplans is based on a single housing unit, its type (Residential/Commercial)) and sub type (Apartment/Duplex/House) and its area in square meters (m 2 ) or square feet (sqft) submitted by you. Website Service prices are based on all the drawn elements (including house, garage, terraces, etc) as ordered by you. Should this differ from the actual area (as measured by us), we will inform you if an additional amount is to be paid. Turn-around time commences on confirmation of payment, but completion or dispatch time may be subject to delays as stated above.

For floorplan Orders, If the property type or area band selected by you is greater than the actual floor area, and hence the payment made is in excess, the extra payment will be credited to your Website Account balance. This balance will be adjusted against your payment due for subsequent Orders. No refunds of this excess amount will be provided.

The value of your Order is clearly indicated and is based on the number of Jobs and Website Services selected. By pressing the ”Confirm order/ Submit/check-out”, you agree to the prices and value of the Order you place.

Charges or fees mentioned in the present Terms and Conditions are subject to change and/or to any written contract, agreement, or price sheet, agreed between the Parties.

5.4. Gross Property Area and Room Areas

Gross Property Area (GPA) is the area of a single housing unit measured to the internal face of the perimeter walls at each floor level. Terrace and other additional areas are calculated separately.

Room Area is the area of a room calculated along the internal face of the walls of the room. This does not include area under the doorways or passage openings, alcoves, fireplaces, etc. Room Area does not consider ceiling heights.

The GPA and Room areas calculated and mentioned on our floorplans are based on the dimensions provided or as added-up during the drawing process, from the information drawings provided by you.

These area values are an approximate estimate in square meters (m 2 ) or square feet (sqft) based on the information/drawing provided to us and mentioned as information only and not for the purpose of determining size of the housing unit for sale or any commercial purpose. A disclaimer is clearly mentioned on each floorplan to capture the above and MnR accepts no liability for GPA calculation and information provided.

MnR has the discretion not to provide dimensions or area calculations, if these are not provided on the scan files received from you.

5.5. Floorplan Orders

For Floorplan Website Services, pricing is based on a single housing unit, its type (Residential/Commercial)) and sub type (Apartment/Duplex/House) and its area in square meters (m 2 ) or square feet (sqft). This area is the sum of the GPA (see paragraph 5.4 above) and the areas of any external terraces, garage, etc.

Floorplans are drawn based on the files received from you. These may be architect’s drawing scans, hand drawn sketches, or any other equivalent documents or files. The following is required to ensure timely and quality delivery:

1. You will be required to send good quality files and ensure that all structural details, text, dimensions, etc. are legible. MnR will return to you any orders submitted with poor quality files and will not be under any obligation to complete those orders until the relevant specifications are provided in an appropriate, high- quality format.
2. For hand-drawn sketches, you will ensure that the dimensions, exterior shape, internal layout and proportion of the housing unit or units is correctly and neatly drawn. MnR will not be responsible for shape changes if the dimensions or layout are not correctly indicated on your sketch.
3. MnR will extract the details of walls, windows, doors and other such elements from the received drawings, in order to create the floorplans.
4. For drawings with multiple floorplans on a page, you are required to mark the outline of the housing unit that you want drawn.
5. Your Order must indicate the sub-type correctly. For example, if you place an order for a single floor apartment, but send a file containing a duplex, MnR will draw only one floor and complete the job on this basis, or return the job to you for clarification as MnR considers appropriate.
6.  Any changes required by you in the basic layout should be marked up on the drawing included in the Order.
7. Only brief instructions, if any provided with the Order, will be considered. MnR will ignore any other pages and/or scans received and will work only on the basis of the housing unit drawings received.
8.  MnR will insert the room names, floor names, as written on the received files.
9. MnR will ignore any text it considers illegible on the received files.
10. For floorplan services with furniture, you are required to mark-out the furniture layout on the floorplans sent to us. If you do not provide furniture layout, MnR will complete the jobs without furniture drawn.

5.6. Photo Enhancement Orders

For photo enhancement Orders, you should take utmost care to ensure that the files sent to MnR for processing are of good quality, preferably with a minimum definition of 300 dpi. Images below the recommended dpi count will be processed. However, the photo enhancement outcome may be less than optimal.

MnR will be unable to process the unclear or blurred images efficiently. i.e. a blurred image will remain a blurred image. Please note there will be no refund or credit or exemption from charges provided for such images.

5.7. Quote-based Orders

For quote-based Orders (such as object removal, virtual home staging, etc), you will place, through the Website, a request for quote (RFQ) for the work to be done. MnR shall send you an acknowledgment of receipt by email and subsequently a quote by email (that shall be available also in your Wesbite Account) with a price and delivery schedule. Should you approve the received quote and place the Order, the work shall commence upon confirmation of payment receipt. MnR reserves the right not to quote a price and delivery time. If so, you shall be informed by email.

5.8. Time to Delivery, Order Time and Delivery Time

All times (Time to Delivery, Order Time, Delivery Time) are calculated as per the Luxembourg time zone, ie. Central European Time (CET).

Time to delivery is an approximate indication of when your Job will be delivered.

Regular Orders will be delivered within the “Time to Delivery” indicated in the corresponding Order and Job(s). You will be able to view the time to delivery while placing the Orders as well as in the Order and Job list in your Website Account.

Urgent and Express Delivery options are available with selected Website Services. Extra charges are applicable for such Orders:

•  Urgent Delivery: If you place the Order by selecting this option in the order form, delivery of your Order shall be made within 6 hours. Urgent orders can only be placed between 9am CET and 12pm CET Monday to Friday, except for public holidays. Any orders placed outside of these hours will be delivered during the next working day.
• Express Delivery: If you place the order by selecting this option in the order form, delivery of your order shall be by 9 am CET the next working day. Express orders can only be placed between 9am CET and 5pm CET Monday to Friday, except for public holidays. Any orders placed outside of these hours will be delivered during the next working day.

Some optional Add-ons may not be available with Urgent and/or Express Orders. You will be able to take note of these while completing the order form.

To enable faster delivery (whether Urgent or Express), Orders must be legible, accurate regarding size of housing unit, and must have the correct files attached. MnR will not be able to deliver Orders within the “Time to Delivery” indicated, should there be any issues with the files received or incorrect information provided by you in the order form or otherwise.

Orders, once placed, cannot be cancelled and no refunds will be offered for incorrect information in the order form or file related issues.

MnR reserves the right to return Orders for file related problems, such as illegible scans or handwritten, incorrect or mismatched drawings/sketches, incorrect ordering information, incorrect indication of item count, blurred, over-exposed images, or any other such issues. Returned Orders will only be processed after receipt by us from you of corrected or clarified information or scans, images or files as needed to resolve these problems.

5.9. Corrections or Amendments of floorplans

You are entitled to one free request for any amendments or changes requested within 30 calendar days of receipt of the completed work. Your change request must be placed by submitting the request through the appropriate tab available on the Website. This tab will not be available after 30 calendar days. All subsequent requests (also to be made within the 30-calendar day period) for further amendment/changes will be charged and are to be placed through the relevant tab on the Website.  Processing of such additional changes will commence upon payment receipt.

No correction request received after the 30 calendar days period shall be entertained.

All change requests, including for change in the text values for GPA or room areas which are other than the value calculated, need to be clearly articulated. The required changes must be marked up clearly and legibly on the completed floorplan files sent to us.

5.10. Payment for Website Services

Pay As You Go Customer: Upon receiving your Order, the third-party payment gateway used by MnR shall carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received.

All your payment details are managed by the third-party payment gateway and you card details are not recorded or shared with MnR. You are therefore expected to key-in your card details for every transaction.

PostPaid Customers: You will receive an invoice statement for agreed transaction periods (15 days, monthly or quarterly). Invoices must be paid upon receipt. MnR reserves the right to suspend service for non-payment or delayed payment.

5.11. Promotional Service Credit Packages (Pay As you Go Customers only)

Promotional Service Credit Packages are only available when purchased in advance on the Website and may provide additional credit bonus to the purchaser to use against Website Services only. Promotional Service Credits cannot be used for the payment of subscriptions and/or Application Packs for the Application.

Promotional Service Credit Packages may be purchased on-line using your credit card through the “Purchase Pack or Purchase Credit” tab on the Website or through Direct Bank Transfer into the MnR Bank Account.

(i) Credit Card Payment. On making payment, your credit balance will reflect the total of this transaction and any bonus credit, where applicable. The process is automated, and the balance of credit will be reflected immediately.
(ii) Direct Bank Transfer. On receipt of the amount into our Bank account, your credit balance will reflect the total of this transaction and any bonus credit, where applicable. The update process is manual, and the balance of credit will be reflected within 48 hrs of the amount clearing our bank account. Payment details should be sent to accounts@Plan-it-all.com with details of the amount, customer name and ID and transaction code permit us to meet the above timeline.
(iii) MnR reserves the right to withdraw or change the promotional service credit packages at any time.

Promotional Service Credit Packages must be utilized within 12 calendar months of purchase after which such credits (and any bonus associated with) will be deducted from the Website Account balance.

5.12. Refunds

There will be no refund provided for any individual transaction. Any waivers, credits, or excess charges, if applicable, will be credited to your Website Account.

5.13. Credit Balance (Pay As you Go Customers Only)

A credit balance in your Website Account may exist for the following reasons:

• Purchase of Promotional Service Credit Package(s),
• If in a floorplan Order, area band selected by you is higher than calculated, and hence the payment made by you is in excess,
• Any waiver for a Job,
• Urgent or Express delivery could not be executed as the information provided was inaccurate and the Order was amended to a regular Order. The difference between the two charges will be credited to your Website Account,
• Any other special credits provided by MnR from time to time,
• The extra payment will be stored in your Website Account as credit, for you to utilise, partially or in full, in any subsequent Orders, amendments and request for files Orders.

5.14. Discount Coupons

MnR may offer discount coupons, of a specified value to customers, from time to time.

1. A Coupon is valid for use for new Orders only, placed on the Website.
2. A Coupon is intended for single use only on a single Order.
3. There will be no credit added to your Website Account in case the Coupon value is greater than the Order value against which the Coupon is used.
4. If the value of the Order exceeds the Coupon value, you will be required to pay the difference.
5. A Coupon is not exchangeable for cash and is non-refundable.
6. MnR does not offer any reissue or reimbursement for any lost or void Coupon.
7. This Coupon is a unique code and can only be used once.
8. MnR will not be liable for any loss and/or damages of any kind suffered in connection with:
   (i) Your purchase, redemption and/or use of the Coupon,
   (ii) Your inability to use the Coupon because it has been lost, forgotten, void or its validity period has expired, or because of incorrect contact information provided by you or a third party; or
   (iii) The use of the Coupon by any person(s) not authorised or approved by you.
9.  MnR reserves the right at our absolute discretion to amend, delete or add to any of these Terms and Conditions and/or substitute or replace a Coupon with another product or programme without any prior notice.
10. By redeeming the Coupon, you agree to be bound by these Terms and Conditions, our Privacy Policy, as well as our other policies.

Chapter 6: TERMS OF SALE FOR THE APPLICATION (ATLENTIS)

6.1. General

You are given a non-transferable, non-exclusive, non-sublicensable license (hereinafter referred to as the “License”) to install and use the Application on any Apple-branded and/or Androïd product that you own or control and as permitted by these Terms and Conditions and the Apple AppStore and/or Google Play Store Terms of Service.

The License is governed by the present Terms and Conditions. The use of the Application under the License is limited to the subscription level of the End User (see paragraph 6.2 below).

The License will also govern any updates of the Application provided by the Licensor that replace, repair, and/or supplement the first Application, unless a separate license is provided for such update; in which case the terms of that new license will apply.

You may not share or make the Application available to any third party (except where and to the degree permitted by the Apple App Store and/or Google Play Store Terms and Conditions, and with MnR’s prior written consent). You may not sell, rent, lend, lease or otherwise redistribute the Application.

You may not reverse engineer, translate, disassemble, integrate, decompile, integrate, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Application, or any part thereof (except with MnR’s prior written consent). You may not copy (except when expressly authorized by the license and the Terms and Conditions) or alter the Application or portions thereof. You may create and store copies only on devices that you own or control for backup purposes under the Terms and Conditions, the Apple AppStore or Google Play Store Terms of Service, and other relevant terms and conditions that apply to the device or software used. In case of any conflict between any of the aforementioned terms and conditions or terms of service, those which limit use of the Application to the greatest extent shall apply. You may not remove or contravene any intellectual property notices. You will ensure that no unauthorized third parties may gain access to these copies at any time.

Violation of the obligations mentioned above, as well as attempts to engage in conduct which would result in such violation, may be subject to prosecution and damages.

MnR reserves the right to modify the terms and conditions of this License.

Nothing in this license should be interpreted to restrict third-party terms. When using the Application, you must ensure that you comply with applicable third-party terms and conditions.

6.2. Subscriptions and Application Packs

6.2.1. Paying Subscriptions

Several types of subscriptions are available, offering different sets of services and functionalities, and may be subscribed either within the Application or within the Website. The duration of a subscription and of any renewal is defined in paragraph 6.3. below.

6.2.2. Free Subscription

Upon signing up either through the Website or the Application, the End User shall have access to the Application at Free Subscription level, if such level exists at the time of signing up.

The duration and renewal of the free subscription level is at the discretion of MnR. Should the free subscription level be discontinued at any time, the End User shall be notified in accordance with the procedure defined in paragraph 6.4 below and will be subject to the applicable procedure defined in paragraph 6.3 below.

6.2.3. Purchase of Application Packs

Application Packs may also be purchased either within the Application or within the Website. Each Application Pack has a defined content and duration of validity, which is the maximum period during which the purchased content can be used.

6.2.4. Miscellaneous

It is the sole responsibility of the End User to ensure that the used device(s) meet(s) the technical requirements to effectively use the subscription and/or Application packs. MnR shall not be responsible for any reimbursement, compensation or other costs in case of inability to use or sub-optimal results from the subscription and/or Application packs that are due to such technical limitations.

6.3. Duration and Renewal of Subscriptions

6.3.1. Subscriptions have a duration of twelve (12) months from the date of the activation of the subscription (ie. from the date of the initial payment).

The subscription will be renewed automatically at the expiration date for the same term, unless one of the Parties gives at least two (2) months’ prior notice of intention to terminate the subscription. Prior notice of intention to terminate must be given at least two (2) months before the end date of the subscription by surface letter or by email with confirmation of delivery to the address or email listed in the contact information below (chapter 20). In case of termination, the subscription will end on the next anniversary of the activation of the subscription which falls following the date two (2) months after receipt of the notice of termination sent by the End User.

In case of early termination by the End User of the subscription, all amounts due for the remaining subscription term shall immediately become due and payable.

In the event of a termination of the subscription, the End User shall take the necessary steps to consult and download the End User files. At the expiration date of the subscription, all files and projects stored on the End User account will be deleted without any available recourse. The End User agrees specifically that no recourse will be available against the deletion conducted by MnR or its agents.

At the expiration date of the subscription, the End User level of subscription will immediately revert to the free level of subscription if such subscription is available, and the use of the free subscription shall be determined by the specific parameters defined for such level of subscription.

In the event such free level of subscription is not available, the End User Application account shall be closed, and all the End User files stored in the End user (master) account shall be deleted without any available recourse.

In the event the End User wishes to change subscription, the End User is required to contact MnR.

6.3.2. Insofar as permitted by the law, the relationship between the parties ends automatically when one of the Parties suspends its operations, becomes insolvent or goes bankrupt, is dissolved, its assets are seized, or it undergoes a similar procedure.

6.3.3. For any End User who registered outside of the European geographical area, paragraph 6.3.1. above is not applicable. Consequently, the duration of the subscription is determined by the payment frequency, with automatic renewal at the expiration date for a period equal in duration to the preceding subscription period. The End User may terminate the subscription by following the appropriate steps laid out in the profile section
of the Application. The termination will take effect at the expiration date of the subscription.

Similarly, MnR may terminate the subscription by notifying the End User either by an email to the End User address or information provided to the End User through the Application.

In the event of a termination of the subscription, the End User shall take the necessary steps to consult and download the End User files. At the expiration date of the subscription, all files and projects stored on the End User account will be deleted without any available recourse. The End User agrees specifically that no recourse will be available against the deletion conducted by MnR or its agents.

At the expiration date, the End User level of subscription will immediately revert to the free level of subscription if such subscription is available, and the use of the free subscription shall be determined by the specific parameters defined for such level of subscription.

In the event such free level of subscription is not available, the End User Application account shall be closed, and all the End User files stored in the End user (master) account shall be deleted without any available recourse.

In the event the End User wishes to change subscription, the End User is required to contact MnR.

6.4. Payment of Subscriptions

6.4.1. Terms of Payment for Subscriptions
Payments by the End User will be made immediately upon signing up to a subscription service in accordance with the specific terms for that subscription, through the Atlentis online payment system. The subscription will only be activated upon receipt of the payment. Unless otherwise agreed with us, other payment methods (such as wire transfer) will not be accepted.

Payment may be made either in one payment for the entire duration of the subscription, and in case of automatic renewal of a subscription, until each new subscription due date, or by monthly instalments until the due date of the subscription, and then in case of automatic renewal, until each subsequent due date.

Atlentis reserves the right to adjust its subscription prices to take account of the indexation or the addition/improvement of functionalities. Such adjustment of prices can only take effect at the subscription anniversary and Atlentis shall notify the End User two (2) weeks before the subscription anniversary of the
adjusted subscription prices. Unless indicated otherwise by the End User, the renewal of the subscription will take effect upon its anniversary with the adjusted prices.

The End User agrees that all invoices are stored on the Application as well as on the Website where they are available for downloading.

6.4.2. Non-Payment of Subscriptions (European geographical area)

In case of non-payment of an invoice on its subscription due date for any End User who registered inside the European geographical area, the End User will receive a first reminder electronically to the email address listed in the End User account. In case of non-payment within eight (8) days of sending of the first reminder, the access to the Application may be suspended by MnR.

In case of non-payment of two consecutive invoices, the subscription balance (until the anniversary date) shall become immediately payable. An administrative surcharge of 10% of the amount due with a minimum of a hundred euros (€100,-) shall be added to the amount owed. A default interest rate of 10% per annum pro rata compounded monthly shall be charged without prior notice. The administrative surcharge and the interests will be due, automatically, and without prior notice of default.

Furthermore, the End User access to the Application shall be downgraded to the free subscription level (should there be one) and the procedure for the termination of a subscription shall be applied. The End User may, as a result, suffer from loss of data, and shall not be entitled to any compensation whatsoever in case of non- payment.

The costs of recovery, summons, collection, and any other loss that are likely to be due, will be charged to the End User, in addition to the abovementioned administrative costs and interests.

The End User may contest an invoice. Such contestation must reach us within ten (10) calendar days of the notification of the invoice by means of a registered letter to the address listed in Chapter 20 below. After these ten days, the invoice will be deemed irrevocably accepted by the End User.

In case of rejection of the End User contestation by MnR, the disputed amount shall become immediately due
and payable.

6.4.3. Non-Payment of Subscriptions (outside of the European geographic area)

In case of non-payment on its subscription due date for any End User who registered outside of the European geographical area, the End User will receive a first reminder electronically to the email address listed in the End User account. If the payment is not made, the End User account shall be suspended.

In the event the payment is not made within fourteen (14) days of the first reminder, MnR shall consider that the subscription has been terminated by the End User and the applicable procedure set for in paragraph 6.4.3

above shall be implemented. The End User may, as a result, suffer from loss of data, and shall not be entitled to any compensation whatsoever.

6.5. Payment of Application Packs

Application Packs may be purchased on the Website’s Atlentis based library or in the Application. No refund shall be made in any case, including if the Application Pack content is not used within the said Application Pack duration or if the End User (master) account is closed for whatever reason.

6.6. Technical requirements for the use of the Application

The Application is currently only available on Apple branded devices (specifically iPhones and iPads) and requires firmware version iOS 13 and above or higher. MnR recommends using the latest version of the firmware.

MnR attempts to keep the Application updated so that it complies with modified/new versions of the firmware and new hardware. The End User is not granted rights to claim such an update.

The End User acknowledges that it is the End User’s responsibility to confirm and determine that the end-user device on which the End User intend to use the Application satisfies the technical requirements above and the specific requirements for the use of certain Application services.
MnR shall not be responsible for any reimbursement, compensation or other costs in case of inability to use or sub-optimal results from the subscription and/or Application packs that are due to such technical limitations.

MnR reserves the right to modify the technical specifications as it sees appropriate at any time, without prejudice or liability on its part.

6.7. Maintenance and Support

MnR is solely responsible for providing any maintenance and support services for this licensed Application. The End User shall request any maintenance or support services from MnR at the email address listed in Chapter 20 below and the End User acknowledges that the Apple AppStore and the Google Play Store have no obligation whatsoever to furnish any maintenance and support services with respect to the Application.

6.8. Liability in the use of the Application

MnR’s responsibility in the case of violation of any of its obligations or tort shall be limited to those due to intent or negligence. The End User specifically agrees that any damages of any type or nature that the End User may seek from MnR shall never exceed the amount of one subscription fee or the value of the Application Pack paid by the End User, whichever is applicable.

MnR takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 7 below. To avoid data loss, the End User is required to make use of backup functions of the Application to the extent allowed by applicable third-party terms and conditions of use. The End User is aware that in case of alterations or manipulations of the Application, MnR may block the End User’s access to the Application and/or close the End User account without any obligation whatsoever for MnR to maintain the End User data after such account closure.

MnR takes no accountability or responsibility for any damages caused due to the improper or negligent use (as defined by MnR) of the Application by the End User.

6.9. Warranty

MnR warrants that the Application is free of spyware, trojan horses, viruses, or any other malware at the time of the End User downloading the Application. MnR warrants that the Application works as described in the user documentation.

No warranty is provided for the Application if it is not executable on the device, or has been in any way modified, handled or used inappropriately, culpably or otherwise in an unauthorized manner; combined or installed with inappropriate hardware or software; used with inappropriate accessories, whether by the End User or by third parties; or if there are any other reasons outside of MnR’s control that affect the executability of the Application.

The End User is required to inspect the Application immediately after installing it and notify MnR of any problems discovered without delay by e-mail provided in Chapter 20 below. Such defect report will be taken into consideration and further investigated if it has been mailed within a period of seven (7) days after discovery of the problem.

If we confirm that the Application is defective, MnR reserves the right to choose to remedy the situation either by means of remedying the defect or substitute delivery.

In the event of any failure of the Application to conform to any applicable warranty, the End User may notify the Apple AppStore or the Androïd Store, and the subscription price will be refunded to the End User. To the maximum extent permitted by applicable law, the Apple AppStore and Androïd Store will have no other warranty or obligation whatsoever with respect to the Application, and any other losses, claims, damages, liabilities, expenses and costs attributable to any negligence to adhere to any warranty.

6.10. Product Claim

MnR and the End-User acknowledge that the Apple AppStore and/or the Google Play Store are not responsible for addressing any claims of the End User or any third party relating to the licensed Application or the End User’s possession and/or use of that licensed Application, including, but not limited to:

a) product liability claims,
b) any claim that the licensed Application fails to conform to any applicable legal or regulatory requirement; or
c) claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application’s use of the HealthKit and HomeKit.

Chapter 7: USER CREDENTIALS, WEBSITE ACCOUNT and APPLICATION ACCOUNT

The use of the Website, Application, Website Services and/or Application Services require the opening of an account by the End User and the End User’s irrevocable adherence to and compliance with the present Terms and Conditions, as well as any subsequent update or change.

When the End User account is opened first on the Website, it is referred to as the Website Account. The credentials of the Website Account can be used to access the Application, as well as the Atlentis library on the Website.

When the End User account is first opened on the Application, it is referred to as the Application Account. The credentials of the Application Account can be used to access the Website and the Atlentis library on the Website.

In short, the account credentials are common to both the Website and the Application irrespective of where the End User signed up initially. Below, both Website and Application accounts shall be referred as the “(principal) account”.

Upon signing up, the End User will be able to purchase Website and Application Services through the Website or through the Application. The End User will also be able to use the Application within the parameters and specificities of the Free Subscription level, should this level of subscription be available.

The Website enables the End User to delegate the use of the End User (principal) account to other users with different access levels defined by the End User and/or other users designated by the End User in accordance with the guidelines and parameters available within the End User (principal) account. The End User is solely responsible for the users created under the End User (principal) account. For all intents and purposes, they are considered as one single entity: ie. the End User and/or the End User (principal) account.

Such delegation is not available with the Application.

The End User shall provide, at the time of signing up for a (principal) account, accurate and complete information. The End User is solely responsible for the provided information and shall update it immediately should any part of this information change.

MnR may at its discretion restrict, suspend, or close the End User (principal) account should the End User fail to respect or violate any part of the present Terms and Conditions. Upon the End User’s (principal) account closure, the End User shall stop all use of the Website, the Application, Website Services and/or Application Services, and destroy all copies, full or partial, of the Application.

At any time, you may request the closure of your (principal) account by writing to support@plan-it-all.com. Upon receipt, MnR shall request a confirmation of the request in order to ensure that you initiated the request, as account closure will result in the irretrievable loss of all your data. Upon confirmation, the closure procedure described below shall apply.

In case of account closure, MnR will deduct any free credits, bonus points, rebates etc. provided, from the End User available Website credit balance first. An administrative charge of € 50 (+VAT as applicable) will also be deducted from any relevant credit balance. Should there be a positive balance after the said deductions, you shall be informed of the said balance within seven (7) working days. On notice of closure of your account you are requested to provide your bank account details to facilitate timely refund payments, if any. The balance will be directly transferred to your bank account within seven (7) working days upon receipt of your bank account details, including a legally verifiable statement that the bank account holder is the (principal) account holder, a copy of the ID card or passport of the bank account holder, and any other information that may be required under Luxembourg laws, directives and regulations.

Chapter 8: DATA RETENTION

8.1. Data Files on the Website

MnR shall retain on the Website the files it receives from the End User, and the files it has produced as part of the contract for the End user, for a period of 180 calendar days after the completion of the order. Thereafter, the files will be deleted, and therefore shall not be retrievable subsequently.

For the first 30 calendar days after the completion of the order, you will be able to access the files from your (principal) account on the Website. For the next 30 calendar days, you may submit a request for files to be sent to you again. A nominal fee for such request will be chargeable, which shall be set by MnR in its discretion.

8.2. Data Files on the Application

MnR shall retain, on the Application and in the End User library, the End User files or any other files resulting from an End User use of the Application and/or order on the Application, in accordance with the specificities and parameters set for each subscription level, and should it be relevant, in accordance with paragraph 6.3. above and/or any other provisions in the present Terms and Conditions.

8.3. Credit card or debit card details

As a standard e-commerce policy in line with generally accepted payment processing guidelines, MnR does not have access to/or store your credit card/payment details. If your payment is unsuccessful due to any technical, bank or other error, you will need to initiate the payment again from an unpaid order section or the cart on the Website.

Chapter 9: PROHIBITIONS, USER GENERATED CONTRIBUTIONS and LICENSE CONTRIBUTION

9.1. Prohibitions

You must not misuse this Website and/or Application in any manner whatsoever. Among other things, the End User warrants that it, and any other users and/or related entities, will not: commit, aid and abet, permit or encourage the commission of a criminal offence in any jurisdiction; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidentiality, privacy or in any way offensive or obscene; hack into or disrupt any aspect of the Website Services and/or Application Services, the Website or the Application; corrupt data; cause annoyance to other users; infringe upon any person’s proprietary or other rights; send any unsolicited advertising or promotional material, including that which is commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website or Application.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, virus or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of these Website Services and/or Application Services, Website or Application or to your downloading of any material posted on it, or on any website linked to it.

9.2. End User General Contributions

The Website or the Application may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionalities, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Website and/or the Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Website and/or Application and through third-party websites or applications. As such, any Contributions you transmit may be treated as nonconfidential and non-proprietary.

When you create or make available any Contributions, you thereby represent and warrant that:

1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading or sharing of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral or intellectual property rights of any third party.

2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, MnR whether through the Website or the Application, and other users of the Website and/or Application to use your Contributions in any manner contemplated by the Website and/or Application and these Terms and Conditions.

3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Website and/or the Application and these Terms and Conditions.

4. Your Contributions are not false, inaccurate, or misleading.

5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).

7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against any person or class of people.

9. Your Contributions do not violate any applicable law, regulation, or rule.

10. Your Contributions do not violate the privacy or publicity rights of any third party.

11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or grooms, misleads or exploits people under the age of 18, particularly in a sexual or violent or other unlawful manner. If, in your country of residence or in the country you are using the Services, the Website and/or the Application, the legal age of recipients or addressees of communications at which criminal liability applies for such conduct is higher than 18-years-old, the higher age shall apply.

12. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.

13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical or mental handicap or condition.

14. 14, Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms and Conditions, or any applicable law or regulation.

Any use of the Website Services, Application Services, Website and/or Application in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Website Services, Application Services, the Website and/or the Application.

9.3. Contribution License

By posting your Contributions to any part of the Website and/or Application or making Contributions accessible to the Website and/or Application by linking your account from the Website and/or Application to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully- paid, worldwide right, and license to host, use copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial advertising, or otherwise, and to prepare derivative works of, or incorporate in other works, such as Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all legal and moral rights in your Contributions, and you warrant those rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any Intellectual property rights, or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Application.

You are solely responsible for your Contributions to the Website and/or Application and you expressly agree to exonerate us from any and all responsibility, to indemnify us in full for any expenses or damage suffered as a result of your Contributions, and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Website and/or in the Application; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

Breaching any of the provisions set forth in this Chapter would constitute a criminal offence. We will report any breach or suspected breach of the law to the relevant law enforcement authorities and disclose your identity to them.

Chapter 10: INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT

The intellectual property rights in all software and content (including photographic images) made available on or through the Website and/or Application remains the property of MnR or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by MnR and its licensors. You may store, print and display the content supplied solely for your own personal use. Other than the Website Services and Application Services you are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on the Website and/or Application. Further, you may not use any such content in connection with any business or commercial enterprise.

The pictures, sketches and drawings you provide for the purpose of processing and/or storing on the Website and/or the Application and/or MnR licensors, as well as the resulting pictures and drawings produced by MnR and MnR’s licensors, as part of the Website Services and Application Services rendered to you in accordance with the corresponding Terms of Sale above (chapters 5 and 6), remain your property. MnR is however explicitly authorised to showcase on its websites and/or its Application and/or any of its promotional material, and through its websites and/or its Application and/or any of its promotional material, the pictures, sketches and drawings you provided, as well as the resulting pictures and drawings produced by MnR or MnR’s licensors, except if you have explicitly indicated otherwise.

Chapter 11: DISCLAIMER OF LIABILITY

The material displayed on the Website and the Application is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law, MnR, the Website, the Application and its owners, operators, suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of the Website and/or the Application, its Services or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect MnR’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, and misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

The Apple AppStore and/or the Google Play Store provide no warranty and accept no liability for the licensed Application and its content.

Chapter 12: LINKING TO THIS WEBSITE

You may link to the Website or a related site, provided you do so in a manner that is fair and legal and does not damage our reputation or take advantage of it in any manner prejudicial to MnR, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

Chapter 13: DISCLAIMER AS TO OWNERSHIP OF TRADEMARKS, IMAGES OF PERSONALITIES AND THIRD PARTY
COPYRIGHT

Except where expressly agreed otherwise in writing, all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website and/or this Application are in no way associated, linked or affiliated with MnR and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website and/or this Application are owned by the respective trademark owners. Where a trademark or brand name is referred to, it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to MnR, the Website or the Application.

Chapter 14: INDEMNITY

You agree to indemnify, defend and hold harmless MnR, the Website, the Application, its owners, operators, directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of the Services, Website and/or Application, or your breach of the present General Terms and Conditions.

Chapter 15: VARIATION

MnR and any associated entities shall have the right in their absolute discretion at any time and without notice to amend, remove, or vary the Website Services, the Application Services and/or any page of this Website and/or the Application.

Chapter 16: LEGAL COMPLIANCE

You represent and warrant that you are not located in a country that is subject to either a European Union, United Nations or U.S. Government embargo, or that has been designated by either the European Union, the United Nations, or the U.S. Government as a “terrorist supporting” country; and that you are not listed on any European Union, United Nations or U.S. Government list of prohibited or restricted parties.

Should you, at any time, become unable to fulfil or ensure full legal compliance with the preceding paragraph, you shall immediately inform MnR and stop using our Website Services, Application Services, Website and Application, and destroy all copies, full or partial, of the Application. At its discretion, MnR may suspend or close the End User (principal) account without providing a period to consult and/or download your files.

Chapter 17: INVALIDITY

If any part of the present Terms and Conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the above Terms of Service (chapters 5 and 6) will not be affected, and all other clauses remain in full legal force and effect. So far as possible where any clause/sub- clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

Chapter 18: COMPLAINTS

We operate a complaint handling procedure which we will use to try to resolve disputes when they first arise. Please let us know immediately if you have any complaints or comments, via our support service (support@plan-it-all.com).

Chapter 19: DISPUTE RESOLUTION

If you have any disagreement with the calculation of any charges, please send an email to the account manager assigned to you or to our support service (support@plan-it-all.com).  MnR will review the case in detail and will notify you of the outcome.

The outcome of the review will be final and binding and by accepting the present Terms and Conditions you are in full agreement with the present dispute resolution mechanism.

Chapter 20: CONTACT INFORMATION

For general inquiries, complaints, questions or claims, please contact:

support@plan-it-all.com

or via surface mail:

MnR Services sàrl
6 Avenue Pasteur
LU-2310 Luxembourg
Luxembourg

Chapter 21: WAIVER

If you breach any of these Terms and Conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Chapter 22: FORCE MAJEURE

MnR cannot be held accountable in case of the occurrence of an event beyond its will or control (hereinreferred to as “Force Majeure”).
MnR and the End User acknowledge that the following cases constitute, among others, a Force Majeure if either affect part or all of MnR and/or its associates and/or subcontractors operations: saturation of networks (internet, phone, etc); national or local power grid saturation, shortage or interruption; pandemic or public health emergency of national or international concern; national or local epidemics or pandemics or health emergencies; viruses (computer and/or network but not exclusively); strikes; lockdown; lockout; floods; fires; lightnings; explosions; collapses; terrorist attacks and/or threats; national or local emergencies; as well as any act or negligence of a person or entity beyond the reasonable control of MnR.

In the event MnR invokes a Force Majeure, MnR may suspend or limit, in part or entirely, the use of its Website, Application, Website Services and/or Application Services, without the End User being able to claim any compensation whatsoever.

In such cases, MnR shall endeavour to make every effort to limit the Force Majeure duration and to minimize the Force Majeure disruption of MnR Website, Application, Website Services and/or Application Services.

In the case that MnR invokes a Force Majeure event for more than three (3) months that affect all of the Website, the Application, the Website Services and the Application Services, MnR or the End User can close the End User (principal) account without any compensation whatsoever being owed.

Chapter 23: ENTIRE AGREEMENT

The above Terms and Conditions and those mentioned on the Website and/or the Application constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and MnR, the Website or the Application. Any waiver of any provision of the present Terms and Conditions will be effective only if in writing and signed by a Director of MnR.

Chapter 24: APPLICABLE LAW

The present Terms and Conditions, the use of the Services, the Website and the Application (and its licensing) are governed by the laws of the Grand-Duchy of Luxembourg (in the judicial district of Luxembourg-city).

Chapter 25: MISCELLANEOUS

If any of the terms of the present Terms and Conditions should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.

Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.

Done in Luxembourg on the 9 th of July 2021.