These Customer and Creator Terms & Conditions (these “Customer-Creator Terms”) govern the relationship between Creators and Customers who use Planogram, LLC’s (“Planoly”, “Company”, “we”, “our”, or “us”) Services.
Our Services are a platform for content creators (each, a “Creator”) that provides Creators with the following: (i) social media management tools for Linked Services (as defined in Links to Other Services and Social Media Features), including the ability to plan, create, schedule, and auto post Creator Content (defined below) on Linked Services and comment on posts on Linked Services; and (ii) a suite of products that enable Creators to host various types of content for monetization, including functionality to facilitate the sale of such content. Content, materials, text messages, and other data created, uploaded, or otherwise provided by Creators and/or otherwise used in conjunction with our Services (including Public Posts) is “Creator Content”. End users who access, view, use, or purchase Creator Content are “Customers”, “you”, or “your”.
These Customer-Creator Terms supplement our Terms of Use, Privacy Policy, Acceptable Use Policy, and our AI Supplementary Terms, all of which are incorporated herein by reference. Capitalized terms (or lowercase terms specifically defined in our Terms of Use) not defined in these Customer-Creator Terms have the meanings set forth in our Terms of Use.
By using the Services, Customers and Creators consent to these posted Customer-Creator Terms, including any additional terms and conditions and policies referenced herein. Please read these Customer-Creator Terms carefully before using the Services. IF CUSTOMER OR CREATOR DOES NOT AGREE TO THESE CUSTOMER-CREATOR TERMS, THEN SUCH CUSTOMER OR CREATOR SHOULD NOT USE OR PURCHASE PRODUCTS THROUGH THE SERVICES.
Except for transactions involving the purchase of a license to use the Services, Planoly is not a party to any transactions regarding the purchase and sale of Creator Content conducted through the Services – such transactions are solely between Creators and Customers. Neither is Planoly the creator or owner of the Creator Content listed on or made available through the Services. Services allow Creators to manage and streamline the administrative aspects of their business, including providing Customers with a user-friendly platform through which to purchase Creators’ Creator Content. Creators are solely responsible for ensuring that any Creator Content made available through the Services meet all applicable laws, rules and regulations, and that the Creator Content described by Creators are delivered as described in an accurate and satisfactory manner. Planoly has no control over and does not guarantee (a) the existence, quality, safety, suitability, or legality of Creator Content made available through the Services; (b) the truth or accuracy of Creators’ descriptions of the Creator Content made available on or through the Services; (c) the ability of Creators to fulfill purchases as made available through the Services; (d) the ability of Customers to pay for purchases as purchased through the Services; (e) that Creators or Customers will actually complete a transaction through the Services; or (f) the safety, suitability, or legality of communications of users, whether in public or private, via online or offline interactions.
eCommerce Responsibilities. The Services include features that enable Creators to provide or sell products and services to, or otherwise collect payments from Customers (such activities, “Creator’s eCommerce”). We are not a party to, and we are not liable for, Creator’s eCommerce. Creators are solely responsible for Creator’s eCommerce, and compliance with any laws or regulations related to it, including without limitation the following:
eCommerce Suspensions. While we would prefer not to, we may, at any time and in our sole discretion, and without any notice to Creator, suspend, restrict or disable access to or remove a Creator’s Account, Creator Content, or Creator’s eCommerce, without any liability to Creators or Customers, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses (except where prohibited by applicable law). For example, we may suspend Creator’s eCommerce if it violates our Terms of Use.
Payments
eCommerce Payment Processors. Planoly integrates with certain third-party payment processors (“eCommerce Payment Processors”) to enable Creators to sell Creator’s eCommerce through the Services. Creators engage directly with the eCommerce Payment Processors
Third Party Service. Creator’s relationship with such eCommerce Payment Processors is governed by such eCommerce Payment Processors’ terms and policies. Planoly does not control and is not liable for any eCommerce Payment Processors, or for any transaction Creator may enter into with or through any eCommerce Payment Processors. Upon the request of an eCommerce Payment Processor, Planoly may facilitate or assist with the removal of a Creator whose account has been flagged as fraudulent or in violation of our Terms of Use or such eCommerce Payment Processor’s terms and policies.
Data. Creator’s Customers’ payment information will be processed by such eCommerce Payment Processors in accordance with their terms and policies.
Removal of eCommerce Payment Processors and Invoices. While we will try to provide advance notice, Creators agree that we may, at any time and in our sole discretion, and without any notice to Creators, suspend, restrict or disable access to or remove from the Services, any eCommerce Payment Processors, without any liability to Creators or Customers, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses (except where prohibited by applicable law). A Creator’s eCommerce Payment Processor(s) will invoice Creator directly for any transaction fees associated with Creator’s eCommerce transactions.
Due to the digital nature of the Services, we do not offer refunds after purchase. All sales from the Services are final. If you are not satisfied with your purchase, please first reach out to the Creator to seek resolution. If your concerns are still not addressed, please email at support@planoly.com and we will do our best to make things right.
General Conditions
You understand that your information (not including payment card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. For more information about how your information is handled, please review our Privacy Policy.
You expressly agree not to sell, resell, reproduce, duplicate, copy, or exploit any portion of the Services, or any Creator Content on the Services without express written permission by us or the Creator.
You understand that the information presented in any of the Creator Content via this Services is not legal, financial, therapeutic, mental health, or medical advice and that Planoly is not a professional service provider. All of the information provided throughout the Services, including the resources delivered via phone/video conference, e-mail, in an online forum, live events including webinars and video/audio recordings educating about business, laws, health, wellness, and/or finance-related information, are resources for educational and informational purposes only and should not take the place of hiring a licensed professional. You understand that Planoly does not and will not provide any form of diagnosis, legal advice, medical advice, financial advice, or mental health advice. You use the Creator Content and the Services at your own risk and do so voluntarily. We do not warrant that the quality of any products or Creator Content, information, or other material purchased or obtained by you will meet your expectations, or that any errors in Creator Content, products or on the Services will be corrected.
You accept that we are not responsible or liable for any harm or damages to you, your business, life, physical and mental health, financial, or otherwise caused by or resulting from your use of the Creator Content and the Services, including any actions you choose to make, or not make, as a result of using the Services. You should consult with a professional for any and all individual questions or concerns.
Certain products available to purchase on the Services may be available exclusively online through the Services. These products may have limited quantities and are subject to return or exchange only according to our Refund Policy.
Planoly and/or the Creator reserve the right, but are not obligated, to limit the sales of any products on the Services to any person, geographic region, or jurisdiction. Planoly and/or the Creator may exercise this right on a case-by-case basis. Planoly and/or the Creator reserve the right to limit the quantities of any products on the Services that are offered. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of Planoly and/or the Creator. Planoly and/or the Creator reserve the right to discontinue any product on the Services at any time. Any offer for any product on the Services is void where prohibited.
Any submission of personal and non-personal information through the Services is governed by our Privacy Policy.
Prices for any products on the Services are set by the Creator and subject to change without notice. Creators may modify or discontinue products available on the Services without notice at any time. Planoly is not liable to Customers, Creators, or to any third-party for any modification, price change, suspension, or discontinuance of any products or Creator Content on the Services.
Except as otherwise provided in the Arbitration Agreement and Class Action Waiver section in the Terms of Use, all matters related to the Services and Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice of conflict or law provision or rule (whether of the State of California or any other jurisdiction).
The Services may contain reviews. The views and opinions expressed in those reviews are solely those of the individual or business leaving such review and do not reflect Planoly’s views or opinions. Individual results may vary, and reviews are not intended to represent or guarantee that you or anyone will achieve the same or similar result. We do not claim, and you should not assume, that all users will have the same results or experiences as those expressed in the reviews.
Any communication from Creators or Customers that is directed to us or is about us will not be privileged or confidential and may be shared with third-parties, subject to our Privacy Policy. We own such communication from Creators or Customers and own or license such communication displayed on the Services including without limitation social media posts, direct messages and emails and we will not provide credit to or pay royalties to any such unsolicited user content. We reserve the right to republish and use any such communication provided by you in whole or in part as necessary in our business operations and course of business. Creators and Customers agree to not communicate with us for any unlawful or illegal purpose.
Updates
We reserve the right to update, change, or replace any part of these Customer-Creator Terms by posting updates and/or changes to the Services. Please check the appropriate page periodically for changes. Any continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.
The Services are operated by Planogram, LLC, d/b/a Planoly, 1606 Headway Circle, Suite #9512, Austin, Texas 78754. All feedback, comments, requests for technical support and other communications relating to the Services should be directed to: support@planoly.com.
Last Modified: February, 2025
