- “Customer” means the individual or the legal entity who activates Services provided by Planview and assumes payment responsibility for the same vis-à-vis Planview.
- “Content” means all visual, written or audible data, information or material including, without limitation: documents, spreadsheets, text messages, form entries, web pages, and similar material, which are uploaded to, transferred through, publicly posted, processed or entered into the Services by the Customer or the User.
- “Employer” means the legal entity entitled to ownership of the e-mail address used by the User upon registering and to which the User is associated through an employment relationship, consulting arrangement or similar circumstances. Employer shall not mean an Internet Service Provider (ISP) or similar provider even though such provider may be entitled to ownership of the e-mail address utilised by the User.
- “Services” means the at all times current version of the web services, associated software, all the User’s Workspaces and other services related thereto provided to the User by Planview in accordance with this agreement. and with the characteristics and features as described at www.projectplace.com from time to time.
- “Trial Service” means a Workspace or Service, which is provided free of charge or which is under development or evaluation and is marked “free”, “demo”, “trial” or “evaluation” (or a similar designation).
- “User” means the individual who registers a user account and gains access to the Services provided by Planview .
- “Web Site” means Planview’s web site at www.projectplace.com.
- “Workspace” means a single service with a defined set of subscription terms and limited group of Users who are authorised to access the Services.
2 Services and Grant of Rights
3 User Obligations
- The User shall comply with the security and administrative regulations as notified in conjunction with registration, by e-mail, as made available on the Web Site, or in any other manner.
- The User undertakes, in conjunction with registration, to provide correct information regarding the User’s identity and a correct and legitimate e-mail address.
- The User shall be responsible for the activities conducted through use of the Services and shall ensure compliance with national laws in conjunction therewith. All Content uploaded to, transferred through, publicly posted, processed or entered into the Services by the User shall be the sole responsibility of the User.
- The User shall be responsible for monitoring its Workspaces and shall be liable vis-à-vis Planview for ensuring that Content transferred to or handled within the Services which is processed by the User and/or individuals invited by the User does not infringe any third party rights nor in any other manner violates governing legislation, and that the User possesses such necessary licenses from third parties as may be required in order to process the Content/use the Services.
- The User undertakes to use the Services in such a manner that such use does not prevent or disrupt other computer communications or mobile telephone communications or prevent or disrupt the equipment employed in order to provide and use the Services.
- The User is aware of and acknowledges that it is not permitted to use the Services in order to gain material in violation of law or material which in any manner contravenes generally accepted practices.
- The User undertakes not to use the Services in order to obtain material which per se or if sent to another party may result in the infringement of any third party’s copyright, or which constitutes a dissemination of business secret, or may incite a third party to commit or participate in a crime, or may be understood as constituting a threat, or to use the Services in any other manner incompatible with the purpose thereof.
- The User undertakes not to access the Services for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.
- The User is obligated to notify Planview regarding any suspected breach of these provisions.
4 Personal Data, Privacy
In order for the User to be able to use the Services, the User must provide certain data to Planview, including but not limited to full name, e-mail address and contact details. In the event the User registers a user account following an invitation from another User or customer to Planview, such information may also have been provided to Planview by the inviting User or customer to Planview. Following receipt of such data, Planview will process the same using automatic data processing in order to enable Planview to administer and otherwise perform its obligations within the scope of the Services and to ensure that unauthorised persons do not gain access to the Services. As provided, and with the limitations, in section 7 “Confidentiality”, Planview will not disclose to any third party any personal information pertaining to the User. Upon request, the User has the right to access the personal data related to the User controlled by Planview. The User also has the right and the obligation to rectify such data. Further information may be obtained by contacting Planview International AB’s Data Protection Officer, where Planview is considered as the data controller, at the following address:
Planview International AB
Klarabergsgatan 60, 1tr
SE-111 21 Stockholm, Sweden
+46 8 586 302 00
- In addition, in order for the User to be able to use the Services, the User must also allow Planview to store and retrieve session information on the User’s end terminal equipment, through the use of “cookies”. The purpose of such storage and retrieval of information is to enable the necessary login/logout procedures used in the Services and to ensure that unauthorised persons do not gain access to the Services. In the event User may access embedded third party supplier applications through the Services, User allows Planview to disclose, make available and transfer personal data to such third party supplier.
- Planview shall fulfil its obligations as a data controller in accordance with the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, (General Data Protection Regulation, “GDPR”).
- By accepting this agreement, the User explicitly consents to Planview processing of User’s personal data for a) the administration and providing of the Services (b) the storage and retrieval of information on the User’s end terminal equipment as described above, c) analysing User’s activity in order to improve the Services, including but not limited to, provide User with information related to User’s use of the Services and d) support and error handling.
5 Security, Passwords, etc.
- The User shall ensure that identities, passwords, and equivalent obtained by the User in conjunction with registration are stored and used in a secure manner and cannot be accessed and thereby used by third parties. The User shall be liable for any unauthorised use of the Services. Planview shall have no liability for any loss or damage arising from the User’s failure to comply with these requirements.
- Where it is suspected that any unauthorised person has become aware of the user identity and/or password, the User shall immediately inform Planview thereof.
- The User shall be liable for losses or damage incurred by Planview where the User intentionally or negligently reveals the user identity/password to a third party. The User shall furthermore be liable for losses or damage incurred by Planview where the user identity and password otherwise become known to an unauthorised party, unless the User notifies Planview immediately upon suspicion that such has occurred.
- Planview shall adopt reasonable measures to ensure that the security of the Services meet relevant industry standards. Planview’s security measures are set forth in the Security Policy as applicable from time to time, which is available on the Web Site.
- Planview shall hold title to any and all intellectual property rights and technical solutions to the Services or, in the alternative, shall possess a sole right to use the same. Such intellectual property rights and technical solutions may only be used by the User in the manner stated in this agreement. Under no circumstances shall the User or a third party acquire any intellectual property rights to the Services or to the software or technical solutions used in the Services or to any trade mark or any other business mark belonging to or used by Planview. Access to the Services is licensed, not sold.
In the event of an agreed case study or similar between Customer and Planview, all intellectual property rights to material produced, including but not limited to photos, quotes, interviews, videos, testimonials, under such work will belong to Planview and may at its sole discretion be used by Planview in the marketing of its services.
- All Content uploaded to, transferred through, publicly posted, processed or entered into the Services by the Customer and/or Users shall remain the sole property of the Customer or its respective legal owner. Planview shall have no liability for such Content.
- The User may not in any way modify, decompile, disassemble or reverse engineer the Services except as permitted by law.
7 Confidentiality, etc.
- Planview undertakes not to disclose to any third party, or otherwise make available, information received by Planview from the User within the scope of this agreement. “Third party” in this section shall not mean (i) the Users who have access to the same Workspace, unless the Users’ authorisation and access to the Workspace is specifically restricted by the User (ii) a third party supplier according to 4.2 above, or (iii) suppliers to Planview performing services on behalf of or to Planview.
9 Term and Termination, etc.
10 Access Restrictions, Premature Termination
- Planview shall be entitled, with immediate effect, to disable the User’s access to a Workspace or to the Services or to prematurely terminate this agreement where: (a) the User uses the Services in a manner that entails the perpetration of a crime; (b) the User uses the Services in a manner that occasions losses or the risk of loss for Planview or any third party; (c) the User uses the Services in a manner that violates Planview’s security or administrative regulations; (d) it may be reasonably assumed that continued dissemination of Content violates governing law; (e) the User uses the Services in a manner whereby the User utilises resources or seeks unauthorised access to Planview’s systems which are not intended for the User; or (f) the User otherwise fails to comply with the above and such breach of contract is material.
12 General Provisions
13 Governing Law, Export Control and Disputes
- The User shall comply with the export laws and regulations of the United States and other applicable jurisdictions in using the Services. Without limiting the foregoing, (i) the User represents that it is not named on any U.S. government list of persons prohibited from receiving exports, and (ii) that the Service may not be exported or re-exported into (or to a national or resident of) any U.S. embargoed countries (currently Cuba, Iran, North Korea, Sudan, and Syria).
- Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Rules for Expedited Arbitrations of the Arbitration Institute of the Stockholm Chamber of Commerce.
The seat of arbitration shall be Stockholm.
The language to be used in the arbitral proceedings shall be English.
Version 3.1 April, 2019.