Terms of Service
First of all, thanks for making it this far! We love people with an eye for details. Here’s a brief (but in no way legally binding) summary of the Terms and Conditions written below.
By using Canvas Planner you, the user, are agreeing to the following terms and conditions. BY ACCESSING AND/OR USING THE SERVICE(S), THE USER AGREES, ON BEHALF OF THEMSELVES AND/OR THEIR COMPANY, TO BE BOUND BY THE MOST RECENT TERMS OF THIS AGREEMENT. IF THE USER DOES NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT ACCESS AND/OR USE THE SERVICE(S).
These terms were updated and effective as of 20th of October 2018.
This Agreement between Canvas Planner ApS (in the following “CP”) and the user governs the users use of the Canvas Planner service, and the website (www.canvasplanner.com) including, without limitation, all content, including but not limited to text, information, images, applications, templates software and other information, services and materials (collectively, the “Service”) and all information made available to the user or by the user through this site by CP, and/or third parties.
This Agreement comprises the entire agreement between the user and CP and supersedes any and all prior agreements between the Parties regarding the subject matter contained herein.
CP reserves the right to revise, update and change this agreement with or without notice to the user, and the user agrees to be bound by any changes or revisions. Any new features that enhance the current Service, including the release of new features and/or resources, shall be subject to this agreement. The user agrees to use CP at their own risk and the user understands that CP is NOT responsible for the content posted on the Service. The most current version of this agreement can be viewed at any time at the CP website.
These terms and conditions apply to all use of CP. CP is a web based service that is offered by:
Canvas Planner ApS
8200 Aarhus N
Central Business Register number: 35669795
Rights of use
Use of CP requires membership. The content of the service provided may vary according to the membership acquired.
Use of CP depends on the users fulfilling of all obligations according to these terms and conditions. This includes that due payments are paid in a timely manner, where the user enters into the “Business” or the “Business+” membership.
CP offers a free trial of 14 days (Business + subscription). After the end of the trial period and if the user does not want to pay for a subscription, the user will be downgraded to a free version with limited access. If you want access to more than 1 workspace after the ended trial period, you are required to upgrade your membership to one of the paid memberships that CP provides.
When acquiring any kind of membership with CP by creating a profile the user accepts the terms for CP. If the user chooses to accept newsletters from CP then it is being accepted that CP may send the user e-mails, or other kinds of electronic communication, of a commercial nature relevant to CP and to the users use thereof.
As well as the data submitted to the system, CP will handle all other information regarding the user confidentiality, and CP will under no circumstances disclose any information regarding the user unless such information is already public information. CP does, however, retain the right to use the user as a user of reference, however, CP will only refer potential new clients to contact the user, after obtaining specific confirmation of this from the user.
It is the sole responsibility of the user that third parties, who have acquired access to the users account with the users consent, handle all data and information confidentially. The user and any such third party is required to preserve the confidentiality of any username or password, and the misuse or infringing use of such information is solely the responsibility of the user. In case a username or password is lost, or have become known to an unauthorized third party, CP may change them upon notification to CP support.
Membership and use of CP requires that the user have the legal power and authority to enter into the membership.
A membership runs until it is properly terminated by one of the parties. Unless properly terminated, the membership will renew automatically for a successive period corresponding to the last period chosen by the user. A free membership may be terminated without notice by the user.
If the membership requires payment of fees, such fees will be due and payable immediately.
Payment of fees is invoiced at the beginning of a month or year (hereinafter the “fee period”). In case of delinquent payment (in arrears) from the user, CP retains the right to charge the user with interests and recovery fees according to the Act on Interests. CP is entitled to terminate the account and to suspend and/or delete the users data in case of material breach of these terms and conditions.
CP reserves the right to adjust fees. Before adjustment of fees, the user will receive a notice thereof. Adjustments of fees may enter into force at the earliest from the beginning of the successive fee period.
CP will endeavor to provide the highest possible uptime. All scheduled maintenance will be sought to be carried out to the least possible inconvenience for the user. CP may become unavailable because of maintenance, and CP may be obliged to limit availability or remove or discontinue certain functions in order to protect the system and the users data against possible threats. CP will endeavor to notify the user about any such measures via e-mail.
CP will react as promptly as possible to all incidents that affect the costumer’s use of CP.
CP aims to maintain continuous availability, including continuously doing maintenance on CP by correcting malfunctions and bugs and constantly developing the system further, by way of improving and adding on new functionalities. Faults and malfunctions will be corrected within a reasonable time in accordance with the nature of the fault/malfunction and its effect on CP.
CP is under no circumstances obliged to restore data. CP is under no circumstances liable for any event or loss of data following a possible crash or malfunction of the system, including liability for damages of the users direct or indirect losses. The user is strongly advised to do regular backups of content.
Change of agreement
CP reserves the right to modify the terms and conditions of this agreement at any time. The updated version of terms and conditions can be viewed at CP’s website. The user is responsible for regularly reviewing this agreement. Continued use of CP after any such changes shall constitute the users consent to such change.
CP provides reasonable support to the user regarding the correct use of CP. The support function does only include guidance regarding the use of CP and does not include education per se in the use of CP nor does it include technical assistance or debugging in the users IT system.
The user can notify CP regarding faults or malfunctions through the CP support via our Intercom chat or via e-mail on:
Support is provided on weekdays within working hours; [CET: 9am-4pm, Monday-Friday]
Terms of the membership and breach of the terms and conditions
A free membership may be terminated by the user without notice and be terminated by CP with a 30 days’ notice.
A paid membership may be terminated by anyone of the parties to the end of a fee period with a 30 days’ notice.
CP reserves the right to terminate the agreement with the user without notice, including the right to delete, remove or edit the users data in case of the users material breach of these terms and conditions. Any actions by third parties, for whom the user is responsible, towards CP that would constitute material breach of these terms and conditions, are to be considered material breach of the present terms and conditions.
Any delinquent payment may be considered material breach of these terms and conditions. It will always be considered as material breach of these terms and conditions if payment has not reached CP at the latest 15 days after the date on which payment was due and payable. In this case, CP will be entitled to, without any notice, delete any of the users material/data and membership with CP.
CP is under no obligation to return data to the user upon expiry or termination of the contract.
CP is under no obligation to keep the users data upon termination of the contract.
Right to withdrawal for consumers
If the user is a consumer, the user has the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the contract.
To exercise the right, the user must inform us; Canvas Planner ApS, Aldersrovej 34, 8200 Aarhus, Denmark or by e-mail: firstname.lastname@example.org, of the decision to withdraw from this contract by an unequivocal statement (e.g. letter sent by post, or e-mail). To meet the withdrawal deadline, it is sufficient for the user to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If the user withdraws from this contract, CP shall reimburse the user all payments received from the user, without undue delay and in any event not later than 14 days from the day on which CP was informed about the users decision to withdraw from this contract. CP will carry out such reimbursement using the same means of payment as the user used for the initial transaction, unless the user has expressly agreed otherwise; in any event, the user will not incur any fees as a result of such reimbursement.
The right to withdrawal applies exclusively to consumers.
Intellectual property rights
CP is the proprietor of all rights to this service, including, but not limited to copyrights, trade mark rights, or any other kind of intellectual property right. The user or any other third party, who has acquired access to the users account with the users consent, warrants that he will not break or undertake it to break any license codes, remove or surpass applied limitations on functionality, or facilitate access to a higher number of users than what follows from the users membership. Any violation of CP’ rights is considered a material breach of these terms and conditions.
Disclaimers and limitations
CP IS UNDER NO CIRCUMSTANCES LIABLE FOR THE USERS INDIRECT LOSSES OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF EXPECTED PROFITS, LOSS OF GOODWILL, LOSS OF DATA OR DAMAGE TO DATA OR ANY OTHER KIND OF DISTURBANCE IN BUSINESS, OR ANY OTHER ECONOMIC CONSEQUENTIAL DAMAGE, THAT MIGHT ARISE FROM USING THE SYSTEM OUT OF DEFECTIVE OR INSUFFICIENT PERFORMANCE OF THE SYSTEM OR DELIVERY OF OTHER SERVICES CONCERNING THESE TERMS AND CONDITIONS. CP IS IN TE SAME WAY UNDER NO CIRCUMSTANCES LIABLE FOR SUCH THIRD PARTIES WHO MAY HAVE ACQUIRED ACCESS TO THE USERS ACCOUNT WITH THE USERS CONSENT.
CP’ liability for damages may in no case and under no circumstances – regardless of the degree of negligence – surpass what the user has paid during the last 12 months prior to the incident giving rise to the claim.
CP will under no circumstances be liable for any damages or losses that the user, or any third party who has acquired access to the users account with his consent, might suffer directly or indirectly as a consequence of CP not being able to perform according to these terms and conditions, because of a force majeure situation. Force majeure situations are e.g. but not limited to; mobilisation, acts of terrorism, natural disasters, strikes, lock-outs, fires, floods or other kinds of water damage, restrictions on import/export, viruses, illness of key persons, power failures, failures/malfunctions in third parties’ telecommunication systems or any other delay or failure to comply with these terms and conditions that result from circumstances that CP could not reasonably have prevented.
In case that a force majeure situation has persisted for more than 90 days, the user will be entitled to terminate his membership, and CP will thus be obliged to return a proportionate part of the amount paid to the user. Such amount will be calculated according to the time of termination and the expiry of the forthcoming end of a quarter of a year.
Transfer of rights
The user is not entitled to transfer rights or obligations to any third party.
CP is entitled to transfer all rights and obligations to any third party.
Choice of law and venue
These terms and conditions are entirely ruled by, and must be construed according to, Danish law. Any dispute arising from or relating to these terms and conditions, or their subject matter, is under the exclusive jurisdiction of the Court of Herning, Denmark.
This section describes how CP collects and processes information about you.
CP collects personal data from the user, as they have provided themselves by creating their profile. This personal data consists of: name (optional), company (optional) e-mail and password. The personal data information is stored so that the user can re-enter his work in CP again and this is the way the user’s profile connects to the user.
CP stores the data the user enters the system, but the data is not distributed further and is not used by CP. All user data submitted by the user to CP will remain the sole property of the user, and the user will have sole responsibility for any such data.
The user is responsible for any material that the user, or any third party that may acquire access to the users account with the users consent, may upload, handle, edit or in any way use on CP.
It is the users sole responsibility to ensure that all handling of material or data submitted to CP is not in violation of any laws, including the Act on Processing of Personal Data, and in no way infringing of any third party rights.
CP reserves the right to, without notice, remove and delete any material that may be illicit, infringe any third party rights, be of a defamatory or an obscene nature, or in any way be of a nature such as to lead to liability for CP (objectionable matter).
CP reserves the right to, without notice and without any liability to CP, to remove, delete, block or limit any account with CP that may prove to contain or in any way handle any objectionable matter.
CP will not reveal or distribute the users data to third parties, unless when legally obligated to do so by a public entity, including when receiving a court order to disclose particular data.
Access to data
The user is the sole administrator of their account. The user may permit other users access to his “space” in accordance with the membership acquired by the user. It is the user, and any third party that may acquire access to the users account with the users consent, that will decide and administer, who will have access to particular data on the system.
The user will defend, indemnify, and hold CP harmless from and against all losses arising out of the users, or any third party that may acquire access to the users account with the users consent, misuse or abuse of CP or any other illicit actions or behavior.
The users data are handled and maintained according to the proper standards for security, and CP ensures that CP technically has as set-up that complies with the standard of good practices for IT security, and that the necessary technical and organizational security measures are complied with, including the Act on Processing of Personal Data (GDPR).
CP ensures that reasonable technical and organisational security measures are in place to avoid any loss of data accidentally or by way of illicit behaviour, and to avoid any destruction or deterioration of data, and that reasonable measures are in place to keep such data from being disclosed to unauthorised third parties, from being misused or from being handled in violation of the Act on Processing of Personal Data.
In case of a demonstrated security breach, or cases in which there might be reason to believe that that users data have been compromised; the user will receive immediate notice thereof.
Upon the users request, CP will provide the user with sufficient information such as to enable the user to verify that the technical and organisational security measures are in place, including attending to the users or Data Protection Agency’s enquiries in a loyal manner regarding security and relevant procedures concerning compliance with the Act on Processing of Personal Data.
The personal data is stored so that users can access their CP again at a later date. This is done using SharksMedia, which hosts the software on a server in Germany.
CP collects information about how often users are active in the program as part of our service. This information is used to help users get started with the program. This is done using Intercom, which is being used to help with user success.
In case of payment by debit card, we use 4 external suppliers to handle this part of the process. This is because we want a high level of security, so we have no card information saved on our server. The information is stored, encrypted and protected using Clearhaus, Quickpay, Dinero and Upodi, each of which takes care of different parts of the process.
To handle potential new users, we use Hubspot as a CRM system. Leads that will not become users will be deleted after 5 years unless we are asked to delete it before.
We send newsletters via e-mail to the users who have subscribed. This email list is stored via Mailchimp, from which we also send newsletters. Users can always unsubscribe from the mailing list.
We use Hotjar and Google’s following two applications: Google Analytics (GA) and Google Tag Manager to collect information about which pages on our website are being visited including. which buttons are clicked on. In this regard, GA anonymous collects information about visitor users based on their age, gender, geographical location, etc. This data is used solely to improve our website for visitors who are looking at it.
In the event that a user wishes to see our data processing agreements (DPA) with the sub processors, please contact CP, and we will be able to assist you.
List of sub-processor
CP uses these external suppliers to ensure the delivery of a good product and to ensure the security of payment information. If you would like to know more about what they are helping us, please contact us in chat or by e-mail.
In case a user wishes to delete his information (to be forgotten), the person himself can do this via his account. The profile will be deleted and nothing else is stored. If the user is invited to other users’ workspaces, then the user will be removed from these.
The user can always ask to have their profile deleted or delete their profile if they wish.
If a profile has not been active for 9 months, it will be deleted from our daily Intercom support program, which we use to help uninvited users and provide ongoing support.
After 5 years, we delete inactive profiles in our backend on the server as well as in Upodi.
Data Processing Agreement
Here you can see the data processing agreement that is the basis for processing personal data when you are a customer of Canvas Planner ApS.
You can see the full data processor agreement here. If you need to get a signed copy of the data service agreement, you can download it and send a signed version to email@example.com and we will send the signed return.
ANNEX A: Data Processing Agreement
ANNEX B: Withdrawal form