Progressive Planning Terms of Service

By using the progressiveplanning.com web site ("Service"), or any services of Progressive Planning BV ("Progressive Planning"), you are agreeing to be bound by the following terms and conditions ("Terms of Service").

IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES AND ALL USERS WHO ACCESS OUR SERVICES THROUGH YOUR ACCOUNT TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" OR "USER" SHALL REFER TO SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED WITH IT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.

If Progressive Planning makes material changes to these Terms of Service, we will notify you by email or by posting a notice on our site before the changes are effective. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: https://progressiveplanning.com/terms_of_service

Violation of any of the terms below will result in the termination of your Account. While Progressive Planning prohibits such conduct and Content on the Service, you understand and agree that Progressive Planning cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

These Terms of Service are electronically archived by Progressive Planning and the archive is not accessible by you. These Terms of Service are offered in the English language only.

    Account Terms

  1. In order to make use of the Service, you must create an Account, for which you must provide your legal full name, a valid email address and any other information requested in order to complete the signup process.

  2. Your Account is personal and may not be transferred to, or shared with other persons. You are responsible for keeping your Account and login credentials confidential and secure and you will follow all reasonable instructions from Progressive Planning in that respect.

  3. You are solely responsible for all use of the Service that is made with your Account. If you suspect misuse of your Account or become aware of the fact that your Account has not been kept secure or confidential, you will inform Progressive Planning immediately. Progressive Planning may revoke your Account or issue a new Account. You will follow all reasonable directions from Progressive Planning in this respect.

  4. One person or legal entity may not maintain more than one free Account.

  5. Project data, participation and ownership

  6. The Service may be used to assist you to plan and monitor projects (“Projects”). Any other use of the Service is prohibited.

  7. Projects are owned by Project Owners, being the User under whose authority the Project is created and managed.

  8. Depending on the type of subscription, you may have the option to:

    1. create and manage one or more Projects;
    2. participate in certain Projects owned by other Users;
    3. invite one or more other Users to participate in the Service for a certain Project.
  9. You are aware that whenever you participate in a Project on invitation of a Project Owner or its representative, the Project Owner (or its representative) may limit or terminate your rights to their Project, which e.g. may result in the loss of data.

  10. The Project data entered into the Service is and remains the property of the Project Owner. All rights of intellectual property in the Service, including copyrights, vest in Progressive Planning and/or its licensors.

  11. Whenever the data that you store using the Service qualifies as personal data as meant in Directive 95/46/EC, the relevant Project Owner is deemed to be the data controller and Progressive Planning the data processor.

  12. Progressive Planning shall keep Project data confidential and take reasonable security measures to protect Project data to be accessed or tampered with by unauthorized persons. Progressive Planning may use Project data and User information for product development, statistical analysis, internal testing, updating, monitoring and trouble shooting purposes and to assist Project Owner when requested to do so.

  13. At all times you will use the Service for your own account and risk and you are solely responsible for all decisions you make with the assistance of the Service. Progressive Planning is not responsible for any decisions made with the assistance of the Service.

  14. Access to and functioning of the Service

  15. The Service is available as a web-based application and is accessible online by using a supported internet browser. Progressive Planning does not guarantee that the Service will be available or will function properly all the time. You are responsible for having adequate backup of your data.

  16. You are responsible for having all the systems and services necessary to use the Service, such as hardware and an internet connection and a supported internet browser. The minimum system requirements are available on the Service website or may be obtained from Progressive Planning. Progressive Planning may change these requirements from time to time.

  17. At all times Progressive Planning may:

    1. adapt or limit the functionality of the Service,
    2. block access to the Service, or
    3. block a certain Account, e.g. in case of (suspected) misuse or fraud.
  18. Progressive Planning will use commercially reasonable efforts to secure the Service and its contents from unauthorized access and alteration, but can not guarantee that unauthorized access or alteration will not take place.

  19. The Service makes use of cookies to facilitate its functioning.

  20. Progressive Planning accepts no liability whatsoever with respect to the Service.