NOTICE TO ALL USERS: PLEASE READ THIS AGREEMENT CAREFULLY.
BY SELECTING “I ACCEPT”, “I AGREE”, “OK”, “CONTINUE”, “YES” OR BY INSTALLING OR USING THE SOFTWARE IN ANY WAY, YOU ARE INDICATING YOUR COMPLETE UNDERSTANDING AND ACCEPTANCE OF THE TERMS OF THIS AGREEMENT.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS DO NOT INSTALL OR ACCESS THE SOFTWARE OR OTHERWISE INDICATE REFUSAL, MAKE NO FURTHER USE OF THE SOFTWARE
SERVICES AND ACCOUNTS
To be able to use the Mass Planner Product and additional Modules or Services (the “Product”, “Mass Planner products and services”, “Mass Planner”), to request technical support for those applications and participating in blogs and forums that we provide, You must create an Account on the Mass Planner Site by submitting certain requested information, which may include individual and/or company name, date of birth, e-mail address, physical address, credit card and other payment information. Registration requires a valid e-mail address and payment information for subscription services and other notices.
The Mass Planner Account is necessary for activation of the Product. You need to use your login credentials – username and password – to login into our application and avail the services. However, we will never ask for your password and we will not use your credentials without your permission. MassPlanner does not share your credentials with third-parties.
You warrant that you are the legal owner of the device and you have all the legal rights to create your account.
You must be 13 years or older to use the Mass Planner Product. If you are less than 18 years of age, you cannot use the Mass Planner Product without the consent of Your parent or guardian, who agrees, on Your behalf, that You will comply with the Terms of Service.
You must accept and allow any permissions required by the supported Social Media Platforms to use the Mass Planner Product.
You are responsible for maintaining the security of all your Social Media accounts and passwords. Mass Planner cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You are responsible for all Content posted and activity that occurs using the Mass Planner Product.
You are responsible for any hardware or software required to use Mass Planner Product.
Please acknowledge that installing on your device the Mass Planner Product, connecting your Social Media accounts to Mass Planner, and taking into consideration the security policies and rules selected by you, You may experience malfunction in the posting or sharing of your content on the supported Social Media Networks: in some cases your account may be banned by the Social Networks, your content may be posted on different hours, pages or groups than those selected, some posts may be lost. Mass Planner shall not be held responsible for any damages resulting from your failure to comply with the Social Networks’ terms and services or from any activity that occurs after using the Mass Planner Product. Mass Planner shall not be held responsible for the Mass Planner Product malfunction due to Social Networking websites changes or synchronization issues. Mass Planner will make the necessary updates for the Mass Planner Product to function properly and will assure synchronization with due diligence for all the supported Social Media Networks.
The Mass Planner Product was created for convenience of promoting your product, brand or service via Social Media Networking Sites supported by Mass Planner. We do not encourage spamming or violation of any of these Social Network user’s rights or rules set by the networks.
MassPlanner is not affiliated with any Social Networking site or any other third party sites in any way.
The Mass Planner Product offers a Social Media planner software which shall be software installed on your device (computer running Windows) that allows you to schedule Social Media posts on specified hours throughout the day and permits You to post content on Social Media pages, accounts, and groups that you administer or you are a member of and you have access to post and share content.
The Mass Planner Product may allow you to search for specific groups, to join the selected groups and share content with other members of the groups. Mass Planner shall not be held responsible for the content you share on these groups and for the activity that occurs after using the Mass Planner Product. You may not use the services to gain unauthorized access, to upload, transmit, and transfer data or information to Mass Planner or third parties by any means. You agree that your use of these services will be in compliance with any laws which are applicable to you.
User behavior such as liking, following or commenting on your posts or your social accounts cannot be predicted and therefore cannot be controlled. The actual number of likes or followers you get solely depends on the quality of the content you share.
We strongly recommend that you explore the MassPlanner application during the free 5 days trial before making the decision to continue using the product.
After the Trial period ends, no refund claims will be entertained if your profile had been active and there have been no technical glitches that prevented proper usage of the application.
The time of voluntary inactivity – if you choose to not use MassPlanner for a specific period – shall not be compensated.
This License Agreement is a legal agreement between You (either an individual or a legal person) and MASS PLANNER for use of MASS PLANNER’s software product identified above, which includes software and services for your device, and may include associated media, printed materials, and “online” or electronic documentation (hereafter designated as “Mass Planner Product”), all of which are protected by international copyright laws and international treaties. By installing, copying or using Mass Planner Product, you agree to be bound by the terms of this Agreement.
GRANT OF LICENSE
Mass Planner Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Mass Planner Product is licensed, not sold. This agreement only gives You some rights to use Mass Planner Product. Mass Planner reserves all other rights. Unless applicable law gives you more rights despite this limitation, You may use the Mass Planner Product only as expressly permitted in this Agreement.
You can use only one copy of the Mass Planner Product on a single device. If a greater number of copies and/or number of devices is specified within the sale transaction documentation from the authorized distributor or reseller from which You obtained the Mass Planner Product (Permitted Number), You shall have the right to copy the Mass Planner Product in accordance with such specifications;
You can make one copy of the Mass Planner Product for backup or archival purposes; If the Mass Planner Product supports multiple platforms or languages, if you receive the Mass Planner Product on multiple media, if you otherwise receive multiple copies of the Mass Planner Product, or if you receive the Mass Planner Product bundled with other software, the total number of your Devices on which all versions of the Mass Planner Product are installed may not exceed the Permitted Number.
If You are a trial user, You may use Mass Planner Product for evaluation or testing purposes in a non-production environment for five (5) days from the date You created your Mass Planner account and activated the product (the “Trial Period”). During the Trial Period, You are entitled to web or email based technical support and to Updates, if applicable.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MASS PLANNER PRODUCT AND ANY SERVICES AND RELATED DOCUMENTATION USED FOR EVALUATION PURPOSES ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTIES OF ANY KIND.
Your right to use Mass Planner Product ends when the Trial Period ends or if You violate any term of this Agreement. Upon termination of the Evaluation Period, You must delete or destroy all copies of Mass Planner Product and documentation and stop using the Service. Your obligations and rights under this Agreement will continue to apply after the end of the Trial Period.
TERMS OF LICENSE
You will have certain rights to use the Mass Planner Product during the License Period, which shall begin on the date when you create the Mass Planner account and activate the product regardless of the number of copies that You are permitted to use, and shall last for the period of time set forth in the Documentation or the applicable transaction documentation from the Mass Planner distributor or reseller from which You obtained the Mass Planner Product. The Mass Planner Product may automatically be deactivated at the end of the License Period, and You will not be entitled to receive any feature or content updates to the Mass Planner Product.
If you have agreed to permit Mass Planner to automatically renew your subscription to Mass Planner Product by charging a valid credit card number or PayPal account which you have provided to Mass Planner, your subscription will be automatically renewed on the expiration date and each anniversary thereafter for a fee no greater than Mass Planner’s then-current price, excluding promotional and discount pricing. You must provide current, complete and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete, and accurate (such as, but not limited to a change in billing address, credit card number, or credit card expiration date), and you must promptly notify Mass Planner if your credit card is canceled (such as, but not limited to for loss or theft). If you fail to provide Mass Planner any of the foregoing information, you agree that Mass Planner may continue charging you for any subscription automatically renewed. This Agreement will terminate automatically if you fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of this Agreement, you must cease use of Mass Planner Product and destroy all copies of Mass Planner and the Documentation.
If Mass Planner is labeled as an upgrade, you must be properly licensed to use a product identified by MASS PLANNER as being eligible for the upgrade in order to use Mass Planner Product. A Mass Planner Product labeled as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this License Agreement. If Mass Planner Product is an upgrade of a component of a package of software programs that you licensed as a single Mass Planner Product may be used and transferred only as part of that single product package and may not be separated for use by more than the total number of licensed users. The terms and conditions of this license replace and supersede any previous agreements that may have existed between you and MASS PLANNER regarding the original product or the resulting upgraded product.
All rights, titles and interest in and to Mass Planner and all copyright rights in and to Mass Planner (including but not limited to any code, images, photographs, logos, animations, video, audio, music, text, and “applets” incorporated into Mass Planner), the accompanying printed materials, and any copies of Mass Planner are owned by MASS PLANNER, with the understanding that rights, titles and interest in and to certain third party software identified in the accompanying Third-Party License Terms are owned by their respective owners. Mass Planner is protected by copyright laws and international treaty provisions. Therefore, you must treat Mass Planner like any other copyrighted material. You may not copy the printed materials accompanying Mass Planner. You must produce and include all copyright notices in their original form for all copies created irrespective of the media or form in which Mass Planner exists. You may not sub-license, rent, sell, lease or share the Mass Planner license. You may not reverse engineer, recompile, disassemble, create derivative works, modify, translate, or make any attempt to discover the source code for Mass Planner, except as and only to the extent explicitly permitted by the licensing terms, identified in the accompanying Third-Party License Terms, governing use of the third party software.
Certain technical support features may be offered by Mass Planner for the license term of the Mass Planner Product and may include live chat with a technical support consultant and/or assistance from a technical support consultant via remote access. If such features are offered and You choose to access such Technical Support it shall be governed by the following conditions: Any such Technical Support shall be provided in Mass Planner’s sole discretion without any guarantee or warranty of any kind. It is solely Your responsibility to complete a backup of all Your existing data, software, and programs before receiving any Technical Support. In the course of providing the Technical Support, Mass Planner may determine that the technical issue is beyond the scope of the Technical Support. Mass Planner reserves the right to refuse, suspend or terminate any of the Technical Support in its sole discretion.
MASS PLANNER warrants that the media on which Mass Planner is distributed is free from defects for a period of thirty days from the date of delivery of Mass Planner to you. Your sole remedy for a breach of this warranty will be that MASS PLANNER, at its option, may replace the defective media upon receipt of the damaged media, or refund the money you paid for Mass Planner. MASS PLANNER does not warrant that Mass Planner will be uninterrupted or error-free or that the errors will be corrected. MASS PLANNER does not warrant that Mass Planner will meet your requirements.
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, MASS PLANNER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE MASS PLANNER PRODUCTS, ENHANCEMENTS, MAINTENANCE OR SUPPORT RELATED THERETO, OR ANY OTHER MATERIALS (TANGIBLE OR INTANGIBLE) OR SERVICES SUPPLIED BY IT. MASS PLANNER HEREBY EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES AND CONDITIONS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOSS OF DATA, DEVICE FAILURE OR MALFUNCTION FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INTERFERENCE, ACCURACY OF DATA, ACCURACY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION, WHETHER ARISING BY STATUTE, LAW, COURSE OF DEALING, CUSTOM AND PRACTICE, OR TRADE USAGE. Mass Planner is acting on behalf of its suppliers and marketing partners for the purpose of disclaiming, excluding and/or limiting obligations, warranties, and liability as provided in this Agreement, but in no other respects and for no other purpose. The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law.
Mass Planner shall not be held responsible for access to your information where you have provided your password to a third party or have failed to use reasonable efforts to protect such information, password, answers to challenge questions or for user error.
DISCLAIMER OF DAMAGES
Anyone using, testing, or evaluating Mass Planner bears all risk to the quality and performance of Mass Planner. In no event shall MASS PLANNER be liable for any damages of any kind, including, without limitation, direct or indirect damages arising out of the use, performance, or delivery of Mass Planner, even if MASS PLANNER has been advised of the existence or possibility of such damages.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO CASE SHALL MASS PLANNER’S LIABILITY EXCEED THE PURCHASE PRICE PAID BY YOU FOR MASS PLANNER. The disclaimers and limitations set forth above will apply regardless of whether you accept to use, evaluate, or test Mass Planner.
We strongly recommend that You back up Your data frequently. You shall at all times be under a duty to mitigate Your loss.
IMPORTANT NOTICE TO USERS. THIS SOFTWARE IS NOT FAULT-TOLERANT AND IS NOT DESIGNED OR INTENDED FOR USE IN ANY HAZARDOUS ENVIRONMENT REQUIRING FAIL-SAFE PERFORMANCE OR OPERATION. THIS SOFTWARE IS NOT FOR USE IN THE OPERATION OF AIRCRAFT NAVIGATION, NUCLEAR FACILITIES, OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, DIRECT OR INDIRECT LIFE-SUPPORT SYSTEMS, AIR TRAFFIC CONTROL, OR ANY APPLICATION OR INSTALLATION WHERE FAILURE COULD RESULT IN DEATH, SEVERE PHYSICAL INJURY OR PROPERTY DAMAGE.
By accepting this Agreement, You acknowledge and agree that your system will be used for receiving and serving Updates of the Product through a peer to peer protocol. The protocol will not be used for anything other than transmitting and receiving Mass Planner updates of existing or new functionality.
CONSENT TO ELECTRONIC COMMUNICATIONS
Mass Planner may send you legal notices and other communications about the Software and Maintenance subscription services or our use of the information you provide us (“Communications”). Mass Planner will send Communications via in-product notices or via email to the primary user’s registered email address, or will post Communications on its Sites. By accepting this Agreement, you consent to receive all Communications through these electronic means only and acknowledge and demonstrate that you can access Communications on Sites.
DATA COLLECTION TECHNOLOGY
The personal information given (name, email address, password), during initial setup, if collected, it will be used as an account name under which You may elect to receive additional services and/or under which You may use certain features of the Software.
Mass Planner reserves the right to cooperate with any legal process and any law enforcement or other government inquiry related to your use of this Mass Planner Product. This means that Mass Planner may provide documents and information relevant to a court subpoena or to a law enforcement or other government investigation.
You declare that all the data that you provide will be true and accurate and undertakes to inform Mass Planner of any changes to said data. You have the right to object to the processing of any of your data which is not essential for the execution of the agreement and to its use for any purpose other than the maintenance of the contractual relationship.
In the event that you provide the details of a third-party, Mass Planner shall not be held responsible for complying with the principles of information and consent, and it shall therefore be you that guarantees to have previously informed and obtained the consent of the owner of the data, with regards to communicating such data.
This Agreement will be governed by the laws of Romania and by international copyright regulations and treaties. The exclusive jurisdiction and venue to adjudicate any dispute arising out of these License Terms shall be of the courts of Romania. Nothing in this License Agreement will diminish any rights You may have under existing consumer protection legislation or other applicable laws in Your jurisdiction that may not be waived by contract.
In the event of invalidity of any provision of this Agreement, the invalidity shall not affect the validity of the remaining portions of this Agreement.
This Agreement describes certain legal rights. You may have other rights under the laws of Your state or country. You may also have rights with respect to the party from whom You acquired the Mass Planner Product. This Agreement does not change Your rights or obligations under the laws of Your state or country if the laws of Your state or country do not permit it to do so.
Mass Planner and Mass Planner logos are trademarks of MASS PLANNER. All other trademarks used in the product or in associated materials are the property of their respective owners.
The license will terminate immediately without notice if you are in breach of any of its terms and conditions. You shall not be entitled to a refund from MASS PLANNER or any resellers of Mass Planner as a result of termination. The terms and conditions concerning confidentiality and restrictions on use shall remain in force even after any termination.
MASS PLANNER may revise these Terms at any time and the revised terms shall automatically apply to the corresponding versions of the Mass Planner Product distributed with the revised terms. If any part of these Terms is found void and unenforceable, it will not affect the validity of rest of the Terms, which shall remain valid and enforceable.
In the case of controversy or inconsistency between translations of these Terms to other languages, the English version issued by MASS PLANNER shall prevail.
Contact MASS PLANNER, at http://www.massplanner.com/contact-us/.