Terms of Service

These Terms of Service (“Terms”) form a binding agreement between you and CapPlan, Inc. (“CapPlan”) governing your access to and use of the CapPlan website, applications, and services (the “Service”). By accessing or using the Service, or by clicking to accept, you agree to these Terms. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization.

CapPlan provides cloud-based manufacturing capacity-planning tools, including job and work-order management, automated scheduling, capacity and utilization tracking, analytics, and AI-assisted duration prediction. We may add, change, or remove features over time to improve the Service.

To use most features, you must create an account. You agree to:

• Provide accurate and complete registration information and keep it current;
• Keep your credentials confidential and not share access with unauthorized parties;
• Be responsible for all activity that occurs under your account; and
• Notify us promptly at info@capplan.ai of any unauthorized use.

Paid plans are billed in advance on a monthly or annual basis according to the plan you select. Unless otherwise stated:

• Free trial — new accounts may start a 14-day free trial with no credit card required. At the end of the trial you may subscribe, downgrade, or let the account lapse.
• Auto-renewal — subscriptions renew automatically for the same term unless cancelled before the renewal date. You can cancel at any time, effective at the end of the current billing period.
• Fees & taxes — fees are stated exclusive of applicable taxes, which you are responsible for. Fees are non-refundable except where required by law.
• Changes — we may change pricing with advance notice; changes apply to the next billing cycle.

You agree not to, and not to permit others to:

• Use the Service for any unlawful purpose or in violation of these Terms;
• Reverse engineer, decompile, or attempt to extract source code, except as permitted by law;
• Probe, scan, or breach security or authentication measures;
• Interfere with or disrupt the integrity or performance of the Service;
• Resell, sublicense, or provide the Service to third parties except as expressly permitted; or
• Upload malicious code or data you do not have the right to use.

As between you and CapPlan, you retain all rights to the data you submit to the Service (“Customer Data”). You grant CapPlan a limited, worldwide license to host, process, and transmit Customer Data solely to provide and improve the Service for you and as described in our Privacy Policy. You are responsible for the accuracy and legality of your Customer Data and for having the necessary rights to it.

The Service, including its software, design, and content (excluding Customer Data), is owned by CapPlan and its licensors and is protected by intellectual-property laws. We grant you a non-exclusive, non-transferable, revocable right to use the Service during your subscription. All rights not expressly granted are reserved.

We strive to keep the Service available and reliable, and we provide support according to your plan. We may perform maintenance and may suspend the Service temporarily where necessary. Premium and Platinum plans include priority support as described on our pricing page.

The Service may interoperate with third-party services. Your use of those services is governed by their terms, and CapPlan is not responsible for third-party services or content.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. AI predictions, schedules, and analytics are decision-support outputs and are not guarantees; you are responsible for your production decisions.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CAPPLAN AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE AMOUNTS YOU PAID TO CAPPLAN IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

You agree to indemnify and hold harmless CapPlan and its affiliates from claims, damages, and expenses (including reasonable legal fees) arising from your Customer Data, your use of the Service, or your breach of these Terms.

You may stop using the Service and cancel your subscription at any time. We may suspend or terminate your access if you breach these Terms or to protect the Service. Upon termination, your right to use the Service ceases, and we will handle your Customer Data as described in our Privacy Policy.

These Terms are governed by the laws of the State of New York, USA, without regard to its conflict-of-laws rules. The exclusive venue for disputes will be the state and federal courts located in New York County, New York, unless otherwise required by applicable law.

We may update these Terms from time to time. Material changes will be posted here with an updated “Last updated” date and, where appropriate, notified to you. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

Questions about these Terms? Contact us at info@capplan.ai or CapPlan, Inc., 641 Lexington Avenue, New York, NY 10022.