HacknPlan Terms and conditions v2, effective date July 1st, 2022. Previous versions: v1
1. OWNERSHIP
HacknPlan is an online platform owned by Mad Cactus Digital SL located at C\ de la Alameda 22, 28014, Madrid (Spain); identification number B10709020.
Here are our terms and conditions, which define the rights and obligations applicable to our platform. If you have any other questions, contact us here: contact(at)hacknplan.com.
The use of the HacnkPlan platform or use of the HacknPlan services confirms that you agree to be bound by this Agreement.
PLEASE READ THESE TERMS and ALL HACKNPLAN POLICIES including the Privacy Policy and Legal Notice, carefully before using the services offered.
2. SCOPE OF THE HACKNPLAN SERVICE
2.1. These General Terms and Conditions define the rights and obligations under the web platform and application in relations between HacknPlan and its users.
2.2. At HacknPlan, we make every effort so that the information provided on our platform is accurate and precise. However, both written information and images and other data included have informative purposes only, therefore we are not responsible in any case for the occurrence of errors in such information.
Also, we reserve the right to amend these Terms and Conditions. On the assumption that none of the terms is declared illegal or unenforceable by a court decision, the other provisions remain in force.
2.3. HacknPlan provides a web project management tool designed for game development. A user creates an account at HacknPlan when properly completing the registration process.
3. COPYRIGHT
3.1. All content included on the HacknPlan web application, such as text, audiovisual content, font, design, logos, trademarks, code, and others are owned by Mad Cactus Digital SL or we have obtained the rights, licenses, and consents from holders for use and they are covered by intellectual and industrial property regulations.
3.2. The use and navigation through our platforms do not imply any authorization or license of any kind on these contents and therefore is expressly prohibited to use them by exploiting, reproducing, transforming, distributing, etc. in any form without prior consent.
For more information read the Legal Notice.
4. SERVICE DESCRIPTION
4.1. HacknPlan is a web service that provides a management tool aimed at professionals working on gaming industry projects. This tool is accessible from the browser and allows users to plan their projects collaboratively with other members of their team.
4.2. HacknPlan reserves the right to review and update the content and functionality of its platform.
4.3. All user and project information is stored in the HacknPlan cloud servers, and access to such information is private. Users can share their projects with other platform users explicitly.
5. PREMIUM SUBSCRIPTION CONDITIONS
5.1. Subscriptions made under the PREMIUM mode offer the user and the members of their team exclusive features not included in the free version, more storage space in the cloud, and priority support via email.
5.2. This mode must be contracted by paying in advance (monthly or yearly) and their amount will change depending on the number of user seats of the team or organization.
Accordingly, the customer can expand the number of user seats subscribed at any time by paying the proportional share for the current billing period, and the new total amount in the next.
The customer can also reduce the number of users subscribed, in which case the paid but not enjoyed amount will be added as credit to the user account in order to be used to cover future payments. This credit will be lost if the user explicitly removes the account.
5.3. In this mode, the subscription fee will be charged by the payment method (from those authorized in clause 8.2) used by the client to hire the service in each billing period (monthly or yearly).
5.4. In this mode, the cancellation of the subscription requested by the client will be effective, for the purposes of suspension of payment of the fee, at the end of the current billing period or, if the user requests it, immediately.
5.5 If the payment of a billing period is not carried out successfully, the customer will be informed by email and the charge will be retried automatically up to 3 times during the next 10 days. If all the automated retries fail, the subscription will be canceled and the account will be automatically converted into a free account. All project information compatible with the free version will remain intact.
5.6. Due to the nature of the service, money paid will not be refundable at the time of the cancellation request, except for special cases like fraud or error on our side.
6. TRIAL PERIOD CONDITIONS
6.1. The users of HacknPlan using the free version of the service can try the premium features for a short period. This trial mode requires no additional personal information nor payment details to be entered into the system.
6.2. After the trial is over, and considering the user did not explicitly subscribe to any premium plan, the account will go back to the free mode, and all the information or actions executed during the trial that are compatible with the free version will remain. Once the period is over, the user won’t be able to try any premium feature ever again.
6.3. The trial mode availability is bound to a physical person in the case of the Personal Plus plan, and a company in the case of the Studio plan.
6.4. The abuse of the trial mode such as the continuous use of free accounts by the same person or studio with the intention of using the premium features for a longer period is completely and explicitly prohibited. If this behavior is detected, it will be considered a violation of the current Terms and Conditions and the account of the user will be suspended.
7. PAYMENT, REFUNDS, AND CREDIT
7.1. According to the Council Directive 2008/8/EC of 12 February 2008 amending Directive 2006/112/EC as regards the place of supply of services and conforming to the nature of the service, prices are displayed without VAT, which will be applied depending on the country of the user during the payment process.
We reserve the right to change prices of any products or Terms and Conditions, giving notice 30 days in advance.
7.2. Signing up and creating a personal account at HacknPlan is free of charge and a credit card is not needed. Accordingly, there will not be any charge in any case.
7.3. If the customer hires a Premium plan, costs would be charged according to the number of user seats specified and depending on the period (monthly or yearly). In any case, the minimum rate will be 4€/month or 48€/year (Personal Plus), or 8€/month or 72€/year (Studio).
7.4. Rates and charges already paid are not refundable except in special cases like fraud or error on our side.
7.6. If HacknPlan launches a new product, rates applied to it will take effect the moment of the launch and under these terms and conditions.
8. PAYMENT FACILITY
8.1. HacknPlan may use a related entity or a third-party service to provide payment services.
By subscribing to HacknPlan services you accept the provider privacy policy which you can read here https://stripe.com/es/privacy/, and you consent and authorize HacknPlan and the provider to share any kind of information and payment instructions between them and with third parties to manage the payment.
HacknPlan does not store on its database information about your credit cards and does not manage your payments directly. Those transactions are run by Stripe.
8.2. Payment method accepted is credit card (Visa, Mastercard, and American Express).
If you pay by credit card we will send a debit petition to your bank; the amount will not be debited from your account until authorized by your bank. The debit term will depend on the rules applied to the payment.
9. USER OBLIGATIONS
9.1. HacknPlan users have the obligation of complying with these Terms and Conditions (including all HacknPlan Policies) and all applicable laws and regulations.
Users must provide accurate and truthful information, they commit to it by signing up to the platform.
9.2. You must not use the HacknPlan platform for any illegal or immoral purpose.
9.3. Any information uploaded to the platform must not be potentially or actually harmful to HacknPlan or other people.
9.4. If HacknPlan determines at its sole discretion that you have breached any obligation under this clause, it reserves the right to remove any content you have submitted to the platform or cancel or suspend your account.
10. PRIVACY AND SECURITY MEASURES
10.1. HacknPlan is protected by a security system and complies with all the legal measures for the security of the systems and stored data.
HacknPlan does not have access to confidential data related to payments. Stored personal data are adequately protected in accordance with the regulation security measures.
Both the web application and the information uploaded into the system by users are hosted on cloud servers from Microsoft Azure located in Amsterdam (The Netherlands), including daily backups to ensure data recovery in case of force majeure problems.
10.2. HacknPlan collects and processes personal data provided by users of the platform at the time of registration and subscription process. The data is processed confidentially at all times and is properly protected with security measures provided by the law.
10.3. HacknPlan complies with the legal provisions of Law 15/1999 of 13 December on protection of personal data and Royal Decree 1720/2007 which develops the Act as well as European regulations. It undertakes to keep the confidentiality of personal information that users provide through registration on our platform.
10.4. Subscribing and using the platform, HacknPlan users authorize the collection and processing of personal data. They also ensure the information provided is true and accurate.
For more information read the Privacy Policy.
11. MODIFICATIONS TO THE AGREEMENT
11.1. HacknPlan may modify this Agreement and/or the Policies (and update the HacknPlan pages where they are displayed) from time to time. HacknPlan will send notifications of such modifications to your HacknPlan account. You should check that account regularly.
11.2. Except as stated in this Agreement, in a Policy, or as otherwise notified to You, all amended terms will automatically be effective 30 days after they are initially notified to You. Each time You use the HacknPlan platform in any manner after the expiry of that 30 day period or whatever other notice period notified to You, You acknowledge any changes to the Agreement (including the Policies) and confirm your agreement to be bound by the Agreement as it may have been varied.
11.3. If You do not agree with any changes to this Agreement (or any of our Policies), You must terminate your HacknPlan account and stop using the HacknPlan services.
12. MEDIATION AND DISPUTE RESOLUTION
12.1. HacknPlan contents are merely informative so they cannot be considered liable for the damages, improper use of products marketed and indirect damages, operating losses or lost profits occurred by any means.
12.2. Subject to the provisions of the preceding paragraphs, the responsibility for HacknPlan under these general conditions shall not exceed an amount equal to amounts paid or payable after the transaction origin of that responsibility, whatever it is the cause or form of the action.
12.3. HacknPlan cannot be held liable for breach of this contract in case of product unavailability, force majeure, interruption of the activity, or natural disasters.
12.4. In case of dispute, the customer may be directed, first, to HacknPlan to reach an amicable settlement. Failing that, the courts of the place of residence of the customer shall have exclusive jurisdiction.
These Terms and Conditions in English will be implemented and interpreted in accordance with the Spanish legislation, legislation the parties expressly submit to.
13. TERMINATION
13.1. Either party may terminate any account and this Agreement at any time for any reason.
13.2. The obligations of payment of the costs of different types of subscriptions finish at the end of the concerned billing period.
13.3. The conditions of the clauses on rates, limitation of liability and responsibilities, and applicable law will last beyond this contract.
