Consumer and Provider Terms and Conditions

What you, the consumer, are signing up for:

When you create an account with PlanSplit, you agree to the following:

PlanSplit will pay the third-party service provider for the plan(s) you have selected.

You are legally able to enter into a contract.

If you are signing up another person for a plan with PlanSplit, you represent and warrant that you have the authority to sign up that person for the plan and that you have received their permission to do so.

You will make monthly payments for each plan you select in accordance with the plan period you select from your provider.

There is a service fee of for each plan you select. The service fee is waived if you enter the referral code from a provider at checkout.

If you cancel a plan within seven (7) days of selecting that plan and the provider has not applied any usage to your selected plan, then your initial fees paid, including service fee, will be refunded to you.

After seven (7) days of selecting a plan, or if the provider has applied usage to your selected plan within the initial seven (7) days, then the service fee for that plan is non-refundable. Simply put, no refunds will be given for any reason after seven (7) days, or within seven (7) days if usage has been applied to your plan, even if you are not satisfied with the service of the provider or the poor performance of the provider.

You may cancel any plan you have selected at any time.At the time of cancellation, provider services under the cancelled plan will cease to be provided under the plan. Upon your cancellation of a plan, if the aggregate per service usage amount / ala carte usage amount for all services used to that point is less than the fees paid to PlanSplit at the time of cancellation, then you owe nothing more to PlanSplit. However, upon your cancellation of a plan, if the aggregate per service usage price / ala carte usage price for all services used to that point is greater than the fees you have already paid to PlanSplit at the time of cancellation, then you owe to PlanSplitthe difference between the aggregate per service usage amount / ala carte usage amount for all services used to that point and the fees you have already paid to PlanSplit.When cancelling a plan, you will be given the option to mark the plan as “Do Not Renew”. If you select the “Do Not Renew” option,you will simply make the remainder of your payments to PlanSplit and you will owe nothing more to PlanSplit for the plan you cancelled even if your aggregate per service usage amount / ala carte usage amount for the plans you selected is greater than the total of your payments.

You may contact your provider for the ala carte pricing.

Should you cancel any plan there will be a new service fee for that same plan if you sign up for it in the future.

PlanSplit has the right, but not the obligation, to cancel a plan if it has actual knowledge of an interruption due to a provider going out of business, filing bankruptcy, fraud or other significant financial or service risk to consumers or PlanSplit. You acknowledge and agree that there is a risk that should a plan be cancelled, you may have paid more for the plan than the services you have received, and you will owe nothing more to PlanSplit.

The monthly payments for each plan you select will be automatically deducted from your account, either bank or credit card,after the transaction hold for each plan you sign up for has cleared; typically seven (7) days. Thereafter the monthly fee will be deducted on the same day.

Any plan you have selected will automatically renew each year on the anniversary of your selection of that plan, except that any cancelled plan will not automatically renew. Additionally, any plan marked “Do Not Renew” will not automatically renew.

You understand and agree that PlanSplit does not check or investigate whether providers have any professional licenses required for their providing of services to you. You also understand and agree that PlanSplitdoes not check or investigate whether providers are maintaining in good standing any required licenses for their providing of services to you.You understand and agree that it is your responsibility to determine whether the providers of services to you have any required professional licenses for the provision of services to you and whether they are maintaining in good standing any such licenses.

You understand and agree that your location may be tracked and uploaded into PlanSplit’scustomer relationship management system and any third-party services PlanSplit is using.

PlanSplit is not liable to you for any damages due to services provided by any providerunder any plan you have selected. Additionally, PlanSplit is not liable to you for any damages due to services provided by any provider that were not part of the plan you selected.

What you, the provider, are signing up for:

When you agree to be a provider on the PlanSplit marketplace app/website, you agree to the following:

You agree to create plans for services to consumers and the pricing of those plans.

You agree that you have the option to opt-in to allowing the plan to be discounted by 5% if the consumer elects to pay for the entire plan they selected with one payment at checkout.

You agree to provide the consumer with your ala carte pricing when the consumer requests it from you.

You agree to provide the services under the plans in the normal course of your business and profession. This means you agree to treat PlanSplitconsumers the same as consumers not using PlanSplit by not limiting the service hours, appointment times, quality of goods and services, and any other business practices of PlanSplitconsumers when compared to other consumers of your goods and services (non-discrimination provision).

You agree that should there be an interruption or anticipated interruption of any plan, for any reason, including but not limited to, going out of business, bankruptcy, natural disaster, acts of God, disability of provider, loss of any license, fraud or other significant financial or service risk to consumers or PlanSplit, you will contact PlanSplit and work with PlanSplit to determine the best course of action going forward to fulfill the intention of any and all plans. You agree that PlanSplitcan decide to close the plans in its sole discretion. If closing plans is the determination that is made, you agree to notify your consumers to cancel their plans immediately and document that notification in a writing to the consumer.

You agree to the fees as listed in the “Service-Provider Tiered Fees”.

You agree that PlanSplit will collect payments from the consumer, deduct its fees, and then pay the provider its contracted amount after the consumer has paid PlanSplit.

Any balances recovered through a collection agency and owed to a provider will first have the collection agency fees and PlanSplit fees deducted prior to payment to the provider.

You agree that PlanSplit is not liable to you for any payments it does not collect from the consumer or through a collection agency.

Payments to provider are reported to the IRS in accordance with all applicable laws and regulations.PlanSplit will send 1099’s after the end of the calendar year according to IRS regulations and guidelines.

You represent and warrant that you have any and all licenses required for your profession and that all such licenses are in good standing.

You, the provider, have the authority to sign up as a provider with PlanSplit. The person actually signing up the provider has the authority to sign up on behalf of the provider.

You agree to maintain all licenses required to maintain your business.

You agree to maintain all licenses required for your profession, as applicable.

You agree to promote, advertise, and sell only products that you are authorized to promote, advertise, and sell by the original manufacturer and all other persons and entities in the chain of distribution of said products.

You agree that PlanSplithas the right to use your logo and to revise and update the logo in order for it to be clear and viewable in the application. Plan Split will only obtain the logo from your website unless you make separate arrangements with PlanSplit.

You agree that PlanSplit may market you directly on social media and other channels using your logo.

You agree that should you choose to no longer use PlanSplit that you are obligated to complete all plans that consumers have signed up for and fully service those plans. Additionally, you will change all plans to “Do Not Renew” status.

PlanSplit offers each provider category, such as Veterinarian, Chiropractor, Dentist, etc., six rights free images that may be used by providers for their plans. You the provider may upload your own images for your plans. You represent and warrant that you have the right to upload any such images and that your use of any such images does not infringe any rights to include any intellectual property rights. You agree that you will indemnify and hold harmless PlanSplit from any infringement of your use of any such images. You agree to remove any such images upon being notified that your use of them infringes any other party’s rights.

You agree to defend, indemnify, and hold harmless PlanSplit from any and all liability, judgments, settlements, claims, fines, penalties, damages, losses, costs, expenses (including reasonable attorneys’ fees), or injury caused by, arising out of, or resulting from any services you, including but not limited to your officers, owners, licensed professionals, employees, and staff, provide to the consumers using PlanSplit.

PlanSplit Website Terms of Use

Acceptance of the Terms of Use

These terms of use are entered into by and between You and Plan Split, LLC ("Company," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of www.plansplit.com, including any content, functionality, and services offered on or through www.plansplit.com (the "Website"), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and PlanSplit’s Website Privacy and Cookies Policy (“Privacy Policy”), incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in the Governing Law and Jurisdiction section below will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time and each time you access this Website so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for both:

  • Making all arrangements necessary for you to have access to the Website.
  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by PlanSplit’s Website Privacy and Cookies Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensor, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not:

  • Modify copies of any materials from this site.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to: support@plansplit.com.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The Company name, the term PlanSplit, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way, including asking for personally identifiable information, or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to PlanSplit’s Website Privacy and Cookies Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Online Purchases and Other Terms and Conditions

All purchases through our site or other transactions performed through the Website, or resulting from visits made by you, are governed by our Consumer and Provider Terms and Conditions , which are hereby incorporated into these Terms of Use.

Additional terms and conditions may also apply to specific portions, services, or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Website is based in the State of Florida in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these 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 Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida, in each case located in Volusia County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At Company's sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Florida law.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use, and our Privacy Policy, constitute the sole and entire agreement between you and Plan Split, LLC regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

Your Comments and Concerns

This website is operated by Plan Split, LLC.All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: support@plansplit.com