TERMS OF SERVICE

 

Last Updated: 21 November 2024 Effective Date: 21 November 2024

 

1. Introduction and Contractual Relationship

 

1.1 Parties: These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Planify Limited (“Planify,” “we,” “us,” or “our”), a company registered in Ireland.

1.2 Acceptance: By registering for an account, accessing app.planify.ie, or using our services, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must immediately cease using the Platform.

1.3 B2B and Consumer: These terms apply to both consumer users (homeowners) and business users (professionals, agencies, developers). Specific clauses regarding consumer rights apply only to consumers where noted.

 

2. Description of Services

 

Planify provides a property and planning intelligence platform that aggregates public data, utilizes Artificial Intelligence (AI) for analysis, and provides alert systems via Email and WhatsApp (the “Services”).

IMPORTANT DISCLAIMER: Planify is a data aggregation and analysis tool. We are not a planning consultancy, architectural firm, legal practice, or government body. The insights, AI reports, and data provided are for informational purposes only and must not be relied upon as professional advice or a substitute for official government records.

 

3. Account Terms

 

3.1 Eligibility: You must be at least 18 years old to use the paid Services. 3.2 Security: You are responsible for maintaining the security of your login credentials (via Clerk). Planify is not liable for any loss or damage arising from your failure to secure your account. 3.3 One Person, One Account: Sharing accounts is strictly prohibited. Enterprise accounts must secure the appropriate number of “seats” for their team. We reserve the right to audit account usage and terminate accounts found to be sharing credentials.

 

4. Intellectual Property and Data Rights

 

4.1 Planify IP: All software, code, proprietary algorithms, AI models, UI/UX design, and the compilation/arrangement of data on the Platform are the intellectual property of Planify Limited. 4.2 Public Data: Planify aggregates data from public sources (e.g., Local Authorities, An Bord Pleanála, PPR, BCMS). We do not claim ownership of the underlying public records. However, the database structure, cleaning, enrichment, and geocoding of this data constitute a proprietary database right owned by Planify. 4.3 No Scraping: You agree not to use any automated means (robots, spiders, scrapers) to access, harvest, or index the Platform. 4.4 License to Use: We grant you a limited, non-exclusive, non-transferable, revocable license to use the Services for your personal or internal business use. You may not resell, redistribute, or “white-label” our data or reports without a specific Enterprise agreement.

 

5. Artificial Intelligence (AI) Disclaimer

 

5.1 Nature of AI: Our “Pre-Planning Reports” and “Insights” use Large Language Models (LLMs). AI can occasionally suffer from “hallucinations” (generating plausible-sounding but incorrect information). 5.2 No Reliance: You acknowledge that AI-generated content: * May contain errors or inaccuracies. * Does not constitute a guarantee that planning permission will be granted or refused. * Does not replace the need for a qualified architect or planning consultant. 5.3 Verification: You agree to independently verify all AI-generated insights against official local authority documents before taking any action (e.g., buying land, lodging an objection).

 

6. User-Generated Content and Community Standards

 

6.1 Public Feedback Module: Planify allows users to comment on planning applications. You are solely responsible for the content you post. 6.2 Prohibited Content: You agree not to post content that is: * Defamatory, libelous, or maliciously false. * Harassing, threatening, or hate speech. * In violation of any third-party privacy or intellectual property rights. * Spam or promotional material. 6.3 Moderation: Planify reserves the right (but has no obligation) to monitor, edit, or remove any content. We act as a “host” under the EU Digital Services Act (DSA). 6.4 Indemnity: You agree to indemnify Planify fully against any legal claims (including defamation suits) arising from comments or content you post on the Platform.

 

7. Subscriptions, Payments, and Cancellation

 

7.1 Billing: Subscription fees are processed via Stripe. By subscribing, you authorize recurring monthly or annual charges. 7.2 Cancellation: You may cancel your subscription at any time via the dashboard. Access continues until the end of the current billing cycle. 7.3 Refunds: * Consumers: Under the Consumer Rights Directive, you typically have a 14-day cooling-off period. However, by accessing digital content (using the app/viewing data) immediately upon purchase, you expressly waive this right of withdrawal. * Business Users: No refunds are provided for partial months or unused services. * Discretionary: Refunds for technical failures are at Planify’s sole discretion. 7.4 Price Changes: We may adjust pricing with 30 days’ notice. Continued use after the change constitutes agreement.

 

8. Limitations on Data Accuracy

 

8.1 Third-Party Sources: We rely on data from Irish Local Authorities, the Property Services Regulatory Authority, and other bodies. 8.2 Delays and Errors: Planify is not responsible for: * Errors or omissions in the original public source data. * Delays between a filing being lodged and it appearing on our system (updates are typically weekly/daily but depend on Council IT systems). * Inaccuracies in geocoding (map pins are approximate). 8.3 Map Data: Map layers are provided for visualization only and should not be used for legal boundary disputes.

 

9. Limitation of Liability

 

READ THIS SECTION CAREFULLY.

9.1 “As Is” Basis: The Service is provided “as is” and “as available.” 9.2 Liability Cap: To the maximum extent permitted by Irish law, Planify Limited’s total liability to you for any claims arising out of this agreement or use of the software shall be limited to the amount you paid to Planify in the 12 months preceding the claim, or €100, whichever is greater. 9.3 Exclusions: Planify shall not be liable for any: * Indirect, consequential, or special damages. * Loss of profits, business, or revenue (e.g., missing a land deal or planning deadline). * Decisions made based on AI reports or Platform data.

 

10. Alerts and Notifications

 

10.1 Delivery: We send alerts via Postmark (Email) and WhatsApp API. We cannot guarantee delivery if blocked by your provider, filtered to spam, or due to carrier outages. 10.2 WhatsApp: By enabling WhatsApp alerts, you consent to receive automated messages related to your tracked properties. Standard message rates may apply.

 

11. Governing Law and Jurisdiction

 

11.1 These Terms are governed by the laws of Ireland. 11.2 Any disputes shall be subject to the exclusive jurisdiction of the courts of Ireland.

 

12. Contact

 

For legal notices or support: Planify Limited Email: support@planify.ie