Terms & Conditions

1. Introduction

Welcome to BizPlanner.ai! Our digital platform provides users with advanced tools and resources to aid in the creation, development, and structuring of business plans. This document outlines the terms and conditions that govern your use of our services, website, and any affiliated software (collectively referred to as the "Service"). By accessing or using the Service, you agree to be bound by these terms and conditions. If you do not agree to these terms, please do not use our Service.

We reserve the right to update and change these Terms and Conditions from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms and Conditions. Continued use of the Service after any such changes shall constitute your consent to such changes.

2. Definitions

"Service": Refers to the website, applications, tools, and services provided by BizPlanner.ai.
"User" or "You": Refers to the individual or entity that has registered with BizPlanner.ai to use the Service.
"Content": Refers to text, images, data, information, and any other material entered, processed, and generated through the Service.
"Business Plan": Refers to the structured document created by the user using the Service, which may include, but is not limited to, market analysis, financial projections, and strategy outlines.
"OpenAI": Refers to the third-party service provider that powers certain aspects of the Service, including but not limited to the generation of text for business plans.

3. Service Provision

Access: Subject to these Terms and Conditions, BizPlanner.ai grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Service solely for your own personal or business use.
Service Modifications: BizPlanner.ai reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that BizPlanner.ai shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
User Responsibilities: You are responsible for all activities that occur under your account and you agree to maintain the security and confidentiality of your login credentials. You are also responsible for providing accurate and complete information and for keeping that information up to date.
Content Generation: You acknowledge that the Service utilizes OpenAI's GPT models to assist in generating content for business plans. BizPlanner.ai does not have control over and does not take responsibility for the accuracy, completeness, or legality of the content generated.
No Guarantee: BizPlanner.ai does not guarantee that the Service will meet your specific requirements or that the Service will be uninterrupted, timely, secure, or error-free. The Service is provided "as is" and "as available" for your use, without warranties of any kind, either express or implied.

4. User Registration & Responsibilities

Account Creation: To access certain features of the Service, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
Account Security: You are responsible for safeguarding the password or credentials that you use to access the Service and for any activities or actions under your account. BizPlanner.ai cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
Account Responsibilities: You are responsible for all content that occurs under your account and any other actions taken in connection with the account. You must immediately notify BizPlanner.ai of any unauthorized uses of your account or any other breaches of security.
Legal Capacity: By registering for an account, you represent and warrant that you have the legal capacity and you agree to comply with these Terms and Conditions. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind the organization to these Terms and Conditions.

5. Payments, Refunds, and Cancellation Policy

Fees: The Service may offer products and services for a fee. By choosing a product or service, you agree to pay any applicable fees as presented to you during the purchase process.
Payment Methods: We accept various forms of payment as specified during the purchase process. You represent and warrant that you are authorized to use the payment method you select.
Refunds: Unless otherwise stated during the purchase process or by law, all fees are non-refundable once the product or service has been provided.
Cancellations: You may cancel your account or any recurring subscriptions at any time through your account settings or by contacting our customer support. Cancellations will take effect at the end of the current billing period, and you will not receive a refund for the remainder of that billing period.

6. Intellectual Property Rights

Ownership: The Service, including all software, databases, trademarks, and content provided by BizPlanner.ai, is owned or licensed by BizPlanner.ai and is protected by Dutch and international intellectual property laws. By using the Service, you acknowledge that BizPlanner.ai owns all right, title, and interest in and to the Service, including all associated intellectual property rights.
User Content: When you create, upload, post, or otherwise make available content using our Service, you retain all rights to your content that you held prior to making it available. However, by making your content available, you grant BizPlanner.ai a worldwide, non-exclusive, royalty-free, transferable, sub-licensable license to use, copy, modify, distribute, publicly display, and perform your content in connection with the operation of the Service.
Content Created by OpenAI ChatGPT: Portions of the content generated within the Service may be produced by OpenAI's ChatGPT. You acknowledge that this content is generated by an AI model and may not always be accurate or appropriate. The intellectual property rights of the content created by ChatGPT remain with OpenAI, and you agree not to use such content in a manner that infringes upon OpenAI’s rights. BizPlanner.ai does not claim ownership over content generated by ChatGPT and provides no warranty regarding its accuracy or suitability.
Prohibited Use: You agree not to copy, modify, distribute, sell, or lease any part of the Service or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission. You shall not infringe upon or violate the intellectual property rights of BizPlanner.ai, OpenAI, or any third party in your use of the Service.
Trademarks: The BizPlanner.ai name, logo, and other BizPlanner.ai trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of BizPlanner.ai in the Netherlands and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.

7. User Content & Conduct

User Responsibility:You are solely responsible for all content that you upload, post, email, or otherwise make available via the Service. BizPlanner.ai does not control the user-generated content posted and does not guarantee the accuracy, integrity, or quality of such content.
Prohibited Conduct: You agree not to use the Service to:
- Upload, post, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
- Harm minors in any way;
- Impersonate any person or entity, including, but not limited to, a BizPlanner.ai official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
- Upload, post, or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- Upload, post, or otherwise make available any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
- Upload, post, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
Content Generated by OpenAI ChatGPT: You acknowledge that BizPlanner.ai utilizes the OpenAI ChatGPT to assist in generating content. You understand that this content is generated based on the input provided and may not always be accurate, reliable, or appropriate. BizPlanner.ai is not responsible for the content generated by OpenAI ChatGPT and disclaims any liability arising from the use of such content.
Security of Your Business Plan Link: As part of our services, you are provided with a unique link to access and manage your business plan. This link enables you to share your plan with others for collaborative purposes. You are solely responsible for maintaining the confidentiality and security of your link. Sharing this link with unauthorized individuals is at your own discretion and risk. You agree to be fully responsible for all activities that occur under your link, including any unauthorized use or misuse. If you believe that your link has been compromised, it is your responsibility to notify us immediately.

8. Limitation of Liability & Disclaimer

Disclaimer: The Service is provided "as-is" and "as available". BizPlanner.ai disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. BizPlanner.ai makes no warranty that the Service will meet your requirements, be safe, secure, uninterrupted, timely, accurate, or error-free, or that your information will be secure.
Limitation of Liability: BizPlanner.ai, its affiliates, and its licensors shall not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if BizPlanner.ai has been advised of the possibility of such damages), resulting from:
- The use or the inability to use the Service;
- The cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the Service;
- Unauthorized access to or alteration of your transmissions or data;
- Statements or conduct of any third party on the Service;
- Any other matter relating to the Service.
Content Generated by OpenAI ChatGPT: BizPlanner.ai is not responsible for the content generated by OpenAI ChatGPT and disclaims any liability arising from the use of such content. You are solely responsible for evaluating the accuracy, reliability, and appropriateness of the content generated.
Jurisdictional Limitations: Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

9. Termination of Accounts

Right to Terminate: BizPlanner.ai reserves the right to terminate or suspend your account and access to the Service at any time, without notice, for conduct that BizPlanner.ai believes violates these Terms & Conditions or is harmful to other users of the Service, BizPlanner.ai, third parties, or for any other reason.
User’s Right to Cancel: You have the right to cancel your account at any time. You can cancel your account by following the instructions on the Service or contacting customer support.
Effect of Termination: Upon termination of your account, your right to use the Service will immediately cease. BizPlanner.ai is not responsible for storing or maintaining any information or data that you have submitted to the Service after termination.
Survival: All provisions of the Terms & Conditions that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

10. Third-Party Links & Services

Third-Party Services: The Service may contain links to third-party websites, services, or other events or activities that are not owned or controlled by BizPlanner.ai. BizPlanner.ai does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services.
No Control Over Third Parties: BizPlanner.ai has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. If you access a third-party website from the Service, you do so at your own risk, and you understand that these Terms & Conditions and BizPlanner.ai’s Privacy Policy do not apply to your use of such sites.
Release: You expressly release BizPlanner.ai from any and all liability arising from your use of any third-party website, service, or content.

11. Indemnification

User’s Agreement to Indemnify: You agree to indemnify, defend, and hold harmless BizPlanner.ai, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms & Conditions, the misuse or abuse of the Service, or the infringement by you, or any other user of your account, of any intellectual property or other right of any person or entity.
BizPlanner.ai’s Right to Control Defense: BizPlanner.ai reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with BizPlanner.ai in asserting any available defenses.
No Admission of Liability: Indemnification by you under this section does not imply any admission of wrongdoing by you or liability on the part of BizPlanner.ai.

By agreeing to these terms, you are acknowledging your responsibility to protect BizPlanner.ai from any legal, financial, or other damages that may arise from your use of the Service or violation of these Terms & Conditions.

12. Changes to Terms & Conditions

Right to Change: BizPlanner.ai reserves the right to revise and amend these Terms & Conditions from time to time to reflect changes in the law, changes in the functionality of the Service, or for any other reason at BizPlanner.ai’s sole discretion.
Notice of Changes: Although we will do our best to notify users of any significant changes to these Terms & Conditions, it is your responsibility to review these Terms & Conditions periodically. Continued use of the Service following the posting of changes will mean that you accept and agree to the changes.
Effective Date: Changes to these Terms & Conditions are effective immediately upon being posted to the Service.

13. Governing Law & Jurisdiction

Governing Law: These Terms & Conditions and your use of the Service are governed by and construed in accordance with the laws of the Netherlands, applicable to agreements made and to be entirely performed within the Netherlands, without regard to its conflict of law principles.
Jurisdiction: You agree that the courts located in the Netherlands will have exclusive jurisdiction over any dispute arising from or relating to these Terms & Conditions, the Service, or your use of the Service.

14. Dispute Resolution

Informal Resolution: Before filing a claim against BizPlanner.ai, you agree to try to resolve the dispute informally by contacting bizplannerai@gmail.com. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or BizPlanner.ai may bring a formal proceeding.
Agreement to Arbitrate: You and BizPlanner.ai agree to resolve any claims relating to these Terms & Conditions or the Service through final and binding arbitration, except as set forth under "Exceptions to Agreement to Arbitrate" below.
Arbitration Procedures: The arbitration will be conducted by a neutral arbitrator in accordance with the rules and procedures of the Netherlands Arbitration Institute.
Exceptions to Agreement to Arbitrate: Either you or BizPlanner.ai may assert claims, if they qualify, in small claims court in the Netherlands or any United States county where you live or work. Furthermore, both you and BizPlanner.ai agree that courts in the Netherlands have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
No Class Actions: You may only resolve disputes with BizPlanner.ai on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.
Judicial Forum for Disputes: In the event that the agreement to arbitrate is found not to apply to you or your claim, you and BizPlanner.ai agree that any judicial proceeding will be brought in the federal or state courts of the Netherlands. Both you and BizPlanner.ai consent to venue and personal jurisdiction there.

15. Severability

Validity of Provisions: If any provision of these Terms & Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms & Conditions remain in full force and effect.
Continued Performance: The invalidity or unenforceability of any provision of these Terms & Conditions shall not affect the validity or enforceability of any other provision, and these Terms & Conditions shall be construed in all respects as if such invalid or unenforceable provision were omitted.

16. Waiver

No Waiver by Delay or Omission: The failure of BizPlanner.ai to enforce any right or provision of these Terms & Conditions will not be deemed a waiver of such right or provision. Any waiver of any provision of these Terms & Conditions will be effective only if in writing and signed by a duly authorized representative of BizPlanner.ai.
Cumulative Remedies: The rights and remedies provided to BizPlanner.ai under these Terms & Conditions are cumulative and in addition to any other rights and remedies available to BizPlanner.ai at law or in equity.

17. Entire Agreement

These Terms & Conditions, together with the Privacy Policy and any other legal notices published by BizPlanner.ai on the Service, shall constitute the entire agreement between you and BizPlanner.ai concerning the Service. If any provision of these Terms & Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms & Conditions, which shall remain in full force and effect.

18. Contact Information

For any questions about these Terms & Conditions, please contact us at:

Email: bizplannerai@gmail.com

Your feedback and questions are important to us, and we strive to address and resolve any issues as quickly as possible.

By using the Service, you acknowledge that you have read, understood, and agree to be bound by these terms. You further agree that you will not use the content generated by ChatGPT or any other part of the Service in a manner that infringes upon or violates the rights of BizPlanner.ai, OpenAI, or any third party.