Terms of Use

Terms of Use

1. Consent to these Terms of Use.

Welcome to the Plan-Vision Site! These Terms of Use govern how you may access and use the Plan-Vision Site, and constitute a binding agreement between you and Plan-Vision or “we” concerning your use of the Plan-Vision Site and the various services made available at the Plan-Vision Site (collectively, the Plan-Vision Site and services are the “Plan-Vision Services”). By visiting, accessing or otherwise using the Plan-Vision Site or Plan-Vision Services or Demo Services in any way, you affirm that you have read and accept these Terms of Use.

2. Limited Purpose of the Demo Services.

The main objective of the Demo Services is to provide those who are considering using the VisionR® Server product (the “VisionR”) with a simple and reliable, but temporary, way to test its major features. By its nature, the Demo Site is a trial site; thus, although the Demo Site may permit you to store and keep track of content, including text, photos and documents (“Content”), the Demo Site is not intended to provide you with a permanent repository for such Content, even during the limited duration of a trial Demo Account (a “Demo Account”).

3. Content.

Plan-Vision reserves the right not to be responsible for the topicality,  correctness, completeness or quality of the information provided on the Plan-Vision Site. Liability claims regarding damage caused by the use of any  information  provided, including any kind of information which is incomplete or incorrect, will therefore be rejected. All offers are not-binding and without obligation. Parts of the pages or  the complete publication including all offers and information might be extended, changed or partly or completely deleted by the author  without separate announcement.

4. Conditions of Use.
   4.1   User Representations & Warranties.

You are solely responsible for ensuring, and you represent, warrant and covenant to Plan-Vision, that at all times you have adequate rights to use your Content in the manner in which you actually use them, and the manner in which you actually permit others to use them; thus, every time you upload, download, copy, store, display, retrieve, modify, perform, distribute, share or otherwise use any content in connection with the Demo Services, or authorize others to do any of those things, you represent, warrant and covenant to Plan-Vision that you have the right to do so. In addition, you represent, warrant and covenant to Plan-Vision that you will not use any aspect of the Demo Services, including (without limitation) the Demo Site, your Content, any content shared with you, or any other aspect of the Plan-Vision Services: (a) for any purpose which is illegal or otherwise violates applicable local, state, national or international laws or regulations; (b) in a way that infringes, misappropriates or otherwise violates the privacy, copyright, patent, trade secret, trademark or other rights of Plan-VIsion or any third party; (c) for any spamming, chain letters or other use that may disrupt any component of the Plan-Vision Services or the networks through which you access and use the Plan-Vision Services; (d) in violation of any regulation, policy or procedure of any network through which you access and use the Plan-Vision Services; (e) to access or attempt to access any Plan-Vision Account for which you have no access authorization, or duplicate, modify, distribute or display any of the data or files from any such Plan-Vision Account; or (f) to store, retrieve, transmit or view any Content that contains any illegal images, materials or information, any harassing, libelous, abusive, threatening or harmful material of any kind or nature, any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, any code or material that violates the intellectual property rights of others, or any viruses, worms, “Trojan horses” or any other similar contaminating or destructive features. You agree not to access (or attempt to access) or permit or encourage any third party to access (or attempt to access) any Content or other aspect of the Plan-Vision Services by any means other than through a designated interface provided by Plan-Vision.

   4.2   Prohibitions.

The Plan-Vision Site is designed and intended to provide you with temporary, personal, password-controlled access to the Plan-Vision Services up to the defined limits of your Plan-Vision Account. Thus, without limiting the generality of any of the other conditions or restrictions set forth in these Terms of Use, you may not directly or indirectly: (a) permit third party access, or take actions which result in access, or attempts to access, your Plan-Vision Account from more than one computer at any one time per user name/password; (b) distribute or share your password with anyone; (c) permit a third party to access your Content, except for the purpose of file sharing in accordance with Plan-Vision Account limitations and Plan-Vision’s then-current file sharing rules for the Plan-Vision Services; or (d) lease, license or otherwise charge others for use or access to your Plan-Vision Account or Content. Plan-Vision may use automated procedures and other means to detect violations of these Terms of Use, and may immediately disable and/ or terminate offending Plan-Vision Accounts and/or users. Plan-Vision is not responsible for interruptions that may result from any such disabling or termination. You are responsible for your own use of the Plan-Vision Services, and the acts and omissions of others who may access the Plan-Vision Services via any user name and password assigned to you.

   4.3   Access Resources.

You are solely responsible for providing all equipment, services, connectivity and other resources necessary to access the Plan-Vision Services, including (without limitation) a compatible computer with access to the Internet and payment of all fees associated with such access. From time to time, without prior notice to you, the form and nature of the Plan-Vision Services may change as Plan-Vision implements innovations or other changes.

   4.4   Limited Content License.

This license is needed, for example, because the Plan-Vision Site may need to make copies of Content, such as on mirrored or backup servers. You retain any copyright and any other rights you already hold in Content which you create, submit, post or display on or through, the Plan-Vision Services. By creating, submitting, posting or displaying such content, you give Plan-Vision a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such content on or through, the Plan-Vision Services. The foregoing license is for the sole purpose of enabling Plan-Vision to provide or improve the Plan-Vision Services, such as by (without limitation): (a) creating backup copies of Content; (b) enabling file sharing; (c) transmitting Content over various public networks; and (d) making changes as necessary to conform and adapt Content to the technical requirements of connecting networks, devices or Plan-Vision Services. You confirm and warrant to Plan-Vision that you have all the rights, power and authority necessary to grant the above license.

5. Privacy Policy.

The privacy of your Content is addressed in, and subject to the terms and conditions of, the Plan-Vision Privacy Policy (the “Privacy Policy”), which is incorporated by reference in these Terms of Use and posted on www.plan-vision.com. These Terms of Use shall control in the event of any conflict between the Privacy Policy and these Terms of Use.

If the opportunity for the input of personal or business data (email  addresses, name, addresses) is given, the input of these data takes place voluntarily. The use and payment of  all offered services are permitted – if and so far technically possible and reasonable – without  specification of any personal data or under specification of  anonymizated data or an alias.

6. Third Party Services.

The Plan-Vision Services may include advertisements, links or other connections to third party websites and resources, including those which may offer fee-based products and services related to VisionR. You acknowledge and agree that Plan-Vision: (a) is not responsible for, and has no liability to you with respect to, the acts or omissions of such third parties, including (without limitation) any of the websites, products or services offered by those third parties; and (b) makes no representations or warranties concerning any of those third parties or their products or services.

7. Warranty Disclaimer; Limitation Of Liabilities.

Plan-Vision makes no promises as to the continued availability or the functionality of the Plan-Vision services. Use of the Plan-Vision and/or Demo services is at your sole risk. To the extent permitted by applicable law, the Plan-Vision services are provided on an “as is” and “as available” basis, without any warranties.


to the extent permitted by applicable law, Plan-Vision disclaims any and all promises, representations and warranties, express or implied, arising by law or otherwise, with respect to the Plan-Vision services, including as to condition, the existence of any latent or patent defects, merchantability or fitness for any particular purpose, non-infringement, or any implied warranty of information content or system integration. Without limiting the generality of the foregoing, Plan-Vision makes no promise, representation or warranty that: (a) access to the Plan-Vision services will be timely, error-, virus- or interruption-free, or secure; (b) content will not be lost, damaged or otherwise corrupted; or (c) the data or files on your computer may not be affected.


Plan-Vision will not be liable for the cost of replacing content, nor for any failure or delay in performance of the Plan-Vision services. To the extent permitted by applicable law, neither we nor any of our affiliates or vendors or subcontractors will be liable for any direct, indirect, incidental, special or consequential damages (including, but not limited to, any loss of files or data, profit, revenue or business interruption), or other loss arising from your use of the Plan-Vision services or the loss of content.


You are not licensed to use the Plan-Vision Services in, or in conjunction with, any situation where failure or fault of any kind of the Plan-Vision Services could lead to death or serious bodily injury of any person, or to severe physical or environmental damage (“High Risk Use”). High Risk Use of the Plan-Vision Services is strictly prohibited. High Risk Use includes, for example, the following: aircraft or other modes of human mass transportation, nuclear or chemical facilities, and Class III medical devices under the Federal Food, Drug, and Cosmetic Act. You agree not to use Plan-Vision Services in, or in connection with, any High Risk Use.

8. Indemnification.

You agree to defend, indemnify and hold harmless Plan-Vision, its subcontractors and any related companies, along with their respective officers, directors, agents and employees (the “Plan-Vision Indemnitees”), from any and all liabilities, claims and expenses, including (without limitation) reasonable legal fees, that arise from or relate to your use of the Plan-Vision Services, including (without limitation) breach of any condition of use or any violation, infringement or misappropriation of any third party right (intellectual property or otherwise). You are jointly liable for, and shall indemnify and hold the Plan-Vision Indemnitees harmless from, any and all liabilities, claims and expenses, including (without limitation) reasonable legal fees, that arise from or relate to use of the Plan-Vision Services by those persons to whom you have provided access to your account.

9. Term & Termination.
   9.1 Temporary.

The Plan-Vision Services are offered on a temporary, trial basis only, as determined by then-current Plan-Vision policy, which is set in the sole and absolute discretion of Plan-Vision. We may terminate these Terms of Use at any time. In addition to other remedies, we may immediately terminate these Terms of Use, or otherwise immediately suspend or close a Plan-Vision Account, without notice if we believe or suspect that you have violated any of your obligations under these Terms of Use. Plan-Vision Services will be deleted after 48 hours from set up, if a user does activate the account.

   9.2 Destruction of Content.

Plan-Vision may, in its discretion, remove and destroy any Content held in any Plan-Vision Account, at any time, including (without limitation) as needed for maintenance or in the event of violation of any provision of these Terms of Use. Plan-Vision may also destroy Content upon termination or suspension of a Plan-Vision Account. Plan-Vision will have no liability for termination or suspension of any Plan-Vision Account, or any related removal or destruction of Content. Content is Plan-Vision Account-specific; hence, opening a new Plan-Vision Account will not enable one to access Content stored in another Plan-Vision Account. Immediately upon expiration or termination of these Terms of Use, you must stop using and/or accessing the Plan-Vision Services.

   9.3 Survival.

Sections 3.2 and 5 through 14 of these Terms of Use will survive termination of a Subscription and/or these Terms of Use.

10. Intellectual Property.
   10.1 Reservation of Rights.

Access to the Plan-Vision Services and the underlying VisionR system does not transfer to you any ownership of, or intellectual property rights in, the Plan-Vision Services or VisionR, except to the extent of those non-exclusive license rights offered by the then-current VisionR Server license. Plan-Vision reserves any and all rights not expressly granted herein. Plan-Vision® and VisionR® are registered trademarks of Plan-Vision and shall not be used without Plan-Vision’s express written authorization.

   10.2 Rights in Feedback.

You can provide feedback to Plan-Vision at any time, in which case you agree that Plan-Vision may use the feedback in any way that it desires in its sole discretion, including (without limitation) by incorporating any feedback into the Plan-Vision Services and in advertising or other marketing or promotions that may attribute such feedback to you.

11. Ongoing Consent; Amendments.

You will not be asked to consent to these Terms of Use every time you log in to your Plan-Vision Account or use Plan-Vision Services, but your use of the Plan-Vision Services, including access to the Plan-Vision Site (including the Demo Site), will at all times be subject to and pursuant to these Terms of Use, including any modifications that may have been made since your last review of these Terms of Use. We may amend these Terms of Use (including, without limitation, the Privacy Policy) at any time, in our sole discretion, by posting the amended terms on the Plan-Vision Site and notifying you by email that you should review the revised Terms of Use by checking the Plan-Vision Site, or by notifying you when you next login to use the Plan-Vision Services.
If we choose to email amended terms rather than notify you during the login process, the amended terms shall automatically be effective after they are first posted on the Plan-Vision Site, provided that we have mailed notice thereof to the email address you last provided to us for registration purposes. You agree that notice is deemed received by you when mailed to your email address, whether or not you have actually read or received the notice. These Terms of Use may not otherwise be amended except in a writing signed by both parties. If you do not agree with the modified terms to these Terms of Use, your only recourse is to terminate your Plan-Vision Account.

12. Miscellaneous.
   12.1 Interpretation; Severability; Survival.

The headings used in these Terms of Use are for convenience only and are not intended to be used as an aid to interpretation. If any part of these Terms of Use is held by a court of competent jurisdiction to be illegal or unenforceable, the validity or enforceability of the remainder of these Terms of Use shall not be affected and such provision shall be deemed modified to the minimum extent necessary to make the provision consistent with applicable law and, in its modified form, such provision shall then be enforceable and enforced.

   12.2 Binding; No Waiver; Limitations.

These Terms of Use will be binding upon and inure to the benefit of the parties hereto, their respective successors and permitted assigns. These Terms of Use are personal to each Plan-Vision Account user and cannot be assigned or transferred to a third party; any attempt by you to assign these Terms of Use without Plan-Vision’s prior written consent shall be null and void. There are no intended third party beneficiaries of these Terms of Use. Plan-Vision may assign these Terms of Use, including any of its obligations hereunder, without restriction, including (without limitation) to any of its subsidiaries or other affiliates. Plan-Vision’s failure to exercise any right or remedy under these Terms of Use does not signify acceptance of the event giving rise to such right or remedy. No action, regardless of form, arising out of these Terms of Use may be brought by you more than one (1) year after the cause of action has accrued.

   12.3 Governing Law; Dispute Forum. T

his Agreement shall be governed by the laws of the City of Munich, Germany, without regard to any conflict of laws provisions.

   12.4 Notices.

Any notice under these Terms of Use given by you to Plan-Vision should be sent as indicated on the Plan-Vision Site, whether by first class mail or email. Any notice given to you by Plan-Vision will be deemed to be properly given if sent by email or first class mail to the email or traditional mail address indicated by you during registration for the Plan-Vision Services. Notice sent by traditional mail shall be deemed to have been received by any party, and shall be effective on the third day after which such notice is deposited in the German postal system, or with a reputable, expedited overnight or international courier. Notice sent by you to Plan-Vision by email shall be deemed to have been received only upon acknowledgment of receipt. Either party may change its address for notice purposes upon issuance of notice thereof in accordance with this Section. You must promptly notify Plan-Vision of any change in the information provided during registration for the Plan-Vision Services, such as a change in mailing address, telephone number(s) or email address.

   12.5 Independent Contractors.

The parties enter these Terms of Use as, and shall remain, independent contractors with respect to one another. Nothing in these Terms of Use is designed to create, nor shall create between them, a partnership, joint venture, agency, or employment relationship.

   12.6 Import/Export Laws.

You represent and warrant that you are not prohibited by the German government from participating in export or re-export transactions, or located in, under the control of, or a national or resident of any country to which Germany has embargoed goods. You agree you will not export or re- export any materials unless you have complied with all applicable german and foreign government export controls and approvals. Plan-Vision makes no claim that content contained on the Plan-Vision Site is appropriate or may be downloaded outside Germany. If you access this website from outside Germany, you are responsible for compliance with the laws of your jurisdiction. The information on export laws provided herein is not necessarily complete.

   12.7 Integration.

These Terms of Use, including the Plan-Vision Privacy Policy, comprise the entire agreement between Plan-Vision and you regarding the subject matter hereof and supercedes and merges all prior proposals, understandings and all other agreements, oral and written, between us relating to the subject matter of these Terms of Use. Except as otherwise provided herein, these Terms of Use may be amended or modified only in a writing executed by both parties.