Terms of Use
Last Updated:August 26, 2025
Agreement to Terms
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Applied Mind Inc ("Company", “we”, “us”, or “our”), concerning your access to and use of the https://plans.com/ website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).
You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.
Intellectual Property Rights
The purpose of this policy is to establish privacy policy for data (including personal and sensitive) collected, used and shared by ElasticRun.Unless otherwise noted, the Site and all source code, databases, software, designs, text, images, audio, video, and graphics (“Content”), along with trademarks, service marks, and logos (“Marks”), are our property or licensed to us and protected by U.S. and international copyright, trademark, and other laws. The Content and Marks are provided “AS IS” for your personal use only.
Except as stated in these Terms, no Content or Marks may be copied, reproduced, republished, uploaded, displayed, translated, transmitted, distributed, sold, or otherwise used for any commercial purpose without our prior written consent. If eligible, you are granted a limited license to access the Site and may download or print Content solely for personal, non-commercial use. All other rights remain reserved.
User Representations
By using the Site, you represent and warrant that:
- You have the legal capacity and you agree to comply with these terms of use
- You are not a minor in the jurisdiction in which you reside
- You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise
- You will not use the Site for any illegal or unauthorized purpose
- Your use of the Site will not violate any applicable law or regulation
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
Prohibited Activities
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
Use any information obtained from the Site in order to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the Site in a manner inconsistent with any applicable laws or regulations.
Use the Site to advertise or offer to sell goods and services.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username of another user.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
Use a buying agent or purchasing agent to make purchases on the Site.
Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
User Generated Contributions
The Site may allow you to participate in chats, blogs, forums, or other features and to create, post, display, or share content such as text, images, videos, audio, comments, suggestions, or personal information (“Contributions”). Contributions may be visible to other users and third parties, and are treated as non-confidential and non-proprietary. By making Contributions, you represent and warrant that:
The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.
Contribution License
By posting Contributions on the Site, you grant us an unrestricted, irrevocable, perpetual, non-exclusive, transferable, royalty-free, worldwide license to use, copy, reproduce, publish, broadcast, store, display, translate, transmit, distribute, create derivative works, and sublicense such Contributions (including your image and voice) for any purpose, including commercial and advertising, in any media or format now known or later developed. This includes the use of your name, company, franchise, trademarks, logos, and images. You waive all moral rights in your Contributions.
You retain ownership of your Contributions and related intellectual property rights. We claim no ownership, but are not responsible for your Contributions or any statements you make. You are solely responsible for your Contributions and agree not to hold us liable for them.
We have the right, in our sole and absolute discretion
- To edit, redact, or otherwise change any Contributions
- To re-categorize any Contributions to place them in more appropriate locations on the Site
- To pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions
Guidelines For Reviews
We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria:
You should have firsthand experience with the person/entity being reviewed
Your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language
Your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability
Your reviews should not contain references to illegal activity
You should not be affiliated with competitors if posting negative reviews
You should not make any conclusions as to the legality of conduct
You may not post any false or misleading statements
You may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews at our discretion and have no obligation to screen or delete them, even if considered objectionable or inaccurate. Reviews are not endorsed by us, nor do they reflect our opinions or those of our affiliates or partners. We assume no liability for reviews or resulting claims or losses. By posting a review, you grant us a perpetual, worldwide, royalty-free, non-exclusive, assignable, and sublicensable license to reproduce, modify, translate, transmit, display, perform, and distribute the content of reviews.
Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
Third Party Website and Content
The Site may include links to third-party websites or content (“Third-Party Websites” and “Third-Party Content”). We do not investigate, monitor, or guarantee their accuracy, appropriateness, or completeness, and are not responsible for their content, policies, or practices. Linking to or allowing the use of Third-Party Websites or Content does not imply our endorsement.
If you choose to access or install Third-Party Content, you do so at your own risk and outside these Terms of Use. Review the applicable terms, privacy, and data policies of any third-party site or app you use. Purchases made through Third-Party Websites are solely between you and the provider, and we are not liable for them. You agree to hold us harmless from any losses, harm, or issues resulting from Third-Party Websites or Content.
Site Management
We reserve the right, but not the obligation, to:
- Monitor the Site for violations of these terms of use
- Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities
- In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof
- In our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems
- Otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site
Privacy Policy
We care about data privacy and security. By using the Site, you agree to be bound by our Privacy Policy posted on the Site, which is incorporated into these Terms of Use. Please be advised the Site is hosted in the United States. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.
Term and Termination
These Terms of Use remain in effect while you use the Site. We may, at our sole discretion and without notice or liability, deny access (including blocking IP addresses) to anyone for any reason, including breach of these Terms or applicable law. We may also terminate your use, suspend participation, or delete content you posted at any time without warning.
If your account is terminated or suspended, you may not create a new one under your own, a false, or a third party’s name. We also reserve the right to pursue legal action, including civil, criminal, or injunctive remedies.
Modifications and Interruptions
We reserve the right to change, modify, remove, or discontinue any part of the Site at our sole discretion and without notice, and have no obligation to update information. We are not liable to you or any third party for modifications, price changes, suspensions, or discontinuance.
We cannot guarantee the Site will always be available and may experience issues or require maintenance that causes interruptions or errors. You agree we are not liable for any loss, damage, or inconvenience from downtime or inaccessibility. Nothing in these Terms obligates us to maintain, support, or provide updates for the Site.
Governing Law
These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of __________ applicable to agreements made and to be entirely performed within the State of __________, without regard to its conflict of law principles.
Dispute Resolution
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
If a Dispute cannot be resolved informally, it will be finally settled through binding arbitration (except where expressly excluded). YOU UNDERSTAND THIS WAIVES YOUR RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL. Arbitration will follow the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, if applicable, the AAA Consumer Rules (available at www.adr.org). Fees and compensation will be governed by those rules. Arbitration may be conducted in person, by documents, phone, or online. The arbitrator will issue a written decision and must follow applicable law. Unless otherwise required, arbitration will occur in Texas. Parties may still go to court to compel or enforce arbitration or confirm, modify, vacate, or enter judgment on an award.
If a Dispute proceeds in court, it must be filed in the state or federal courts of __________. The Parties consent to jurisdiction there and waive defenses of lack of jurisdiction or forum non conveniens. The United Nations Convention on Contracts for the International Sale of Goods and UCITA do not apply.
If this arbitration clause is found illegal or unenforceable, disputes will instead be resolved by a court of competent jurisdiction in the courts listed above.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law
No arbitration shall be joined with any other proceeding
There is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures;
There is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration:
Any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party
Any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use
Any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court
Corrections
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
Disclaimer
The Site is provided on an “AS-IS” and “AS-Available” basis, and your use is at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We make no representations about the accuracy or completeness of the Site or linked content and assume no liability for it.
- Errors, mistakes or inaccuracies of content and materials
- Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site
- Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein
- Any interruption or cessation of transmission to or from the site
- Any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party, and/or
- We are not liable for errors, omissions, or any loss or damage from content posted, transmitted, or made available through the Site. We do not warrant, endorse, or take responsibility for third-party products or services offered through the Site, linked websites, or ads, nor will we monitor transactions between you and third-party providers. As with any purchase, you should use your best judgment and caution.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
Limitations of Liability
In no event shall we or our directors, employees, or agents be liable to you or any third party for direct, indirect, incidental, consequential, special, exemplary, or punitive damages—including lost profits, revenue, data, or other losses—arising from your use of the Site, even if advised of the possibility of such damages. Our total liability, regardless of cause or action, will always be limited to the lesser of the amount you paid to us or ______. Some U.S. state and international laws do not allow limits on implied warranties or certain damages; if these apply, parts of this limitation may not apply to you.
Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
Your contributions
Use of the Site
Breach of these terms of use
Any breach of your representations and warranties set forth in these Terms of Use
Your violation of the rights of a third party, including but not limited to intellectual property rights
Any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it
User Data
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Electronic Communications, Transactions and Signatures
Visiting the Site, emailing us, or completing forms constitutes electronic communication. You consent to receive such communications electronically, and agree that all agreements, notices, disclosures, and records we provide electronically meet legal requirements for written communication. You also agree to the use of electronic signatures, contracts, orders, and records, and to electronic delivery of related documents. You waive any rights under laws requiring original signatures, non-electronic records, or non-electronic payments or credits.
Miscellaneous
These Terms of Use, along with any policies posted on the Site, form the entire agreement between you and us. Failure to enforce any provision is not a waiver. These Terms apply to the fullest extent of the law, and we may assign our rights and obligations at any time. We are not liable for delays or failures beyond our control. If any part of these Terms is deemed unlawful or unenforceable, the rest remain valid. No partnership, employment, or agency relationship is created by these Terms. They will not be construed against us as the drafter, and you waive defenses based on their electronic form or lack of signature.
Contact Us
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
Applied Mind Inc __________
Phone: __________
plans@appliedmind.com
Table of Contents
- Agreement to Terms
- Intellectual Property Rights
- User Representations
- Prohibited Activities
- User Generated Contributions
- Contribution License
- Guidelines For Reviews
- Submissions
- Third Party Website and Content
- Site Management
- Privacy Policy
- Term and Termination
- Modifications and Interruptions
- Governing Law
- Dispute Resolution
- Corrections
- Disclaimer
- Limitations of Liability
- Indemnification
- User Data
- Electronic Communications, Transactions and Signatures
- Miscellaneous
- Contact us