PlanHero® Terms of Use

Last Updated: August 11, 2026

Welcome to PlanHero®. These Terms of Use (“Terms”) govern your access to and use of the websites, applications, software platform, features, and related services provided by MomClone, LLC, doing business as PlanHero® (“PlanHero,” “MomClone,” “we,” “us,” or “our”) (collectively, the “Services”).

These Terms form a legally binding agreement between you and MomClone, LLC.

By creating an account, purchasing a subscription, accessing or using the Services, or otherwise indicating your acceptance of these Terms, you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you represent that you have authority to accept these Terms on behalf of that organization, and references to “you” include that organization where applicable.

If you do not agree to these Terms, do not use the Services.

ARBITRATION NOTICE: THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER. PLEASE REVIEW SECTION 25 CAREFULLY.

1. Overview of the Services

PlanHero provides software tools that may allow individuals and organizations to:

• Create and manage Events and signups;
• Coordinate volunteers, Members, participants, employees, players, supporters, or other individuals;
• Create and manage Groups;
• Track volunteer hours, participation, attendance, check-in, and check-out activity;
• Create onboarding forms, questions, and information requests;
• Track Checklists, training, certifications, qualifications, and related requirements;
• Upload and manage documents;
• Present waivers, agreements, acknowledgments, policies, or other documents or text;
• Request electronic signatures, acknowledgments, checkbox acceptance, or other indications of acceptance;
• Send email, SMS, and other communications;
• Facilitate certain payment or donation-related transactions;
• Facilitate background screening through third-party services;
• Connect PlanHero with supported third-party services; and
• Use other features made available through the Services.

PlanHero provides technology for organizations to manage these activities. PlanHero is not itself the organizer, employer, volunteer organization, nonprofit, school, faith organization, sports organization, fundraising organization, background screening company, payment processor, or legal advisor responsible for activities conducted by users through the Services.

2. Definitions and User Roles

For purposes of these Terms:

“Account Owner” means the individual or organization that establishes or controls a PlanHero account.

“Administrator” includes an Account Owner and any Co-Administrator, Group administrator, Event organizer, or other individual authorized by an Account Owner to manage some or all of an account.

“Organizer” means an individual or organization that creates or administers an Event, signup, Group, or other activity through PlanHero.

“Member” means an individual whose information is maintained within an organization’s Member-management features.

“Participant” means an individual who signs up for, participates in, volunteers for, attends, or otherwise interacts with an Event or activity.

“User” means any person or organization accessing or using the Services, including Account Owners, Administrators, Organizers, Members, and Participants.

The availability of particular features may depend on subscription level, account configuration, geographic location, or other factors.

3. Eligibility and Authority

You must be legally capable of entering into these Terms.

No person under the age of 13 may independently create a PlanHero account.

If you are under 18 but at least 13 years old, you may use the Services only with the involvement and approval of a parent or legal guardian where required by applicable law.

If you use PlanHero on behalf of an organization, you represent and warrant that:

• You have authority to act on behalf of that organization;
• You have authority to accept these Terms on its behalf;
• Your use of the Services is authorized by the organization; and
• You will comply with applicable laws and organizational requirements.

4. Accounts and Account Security

You are responsible for maintaining the confidentiality and security of your account credentials and for activity occurring through your account.

You agree to:

• Provide accurate account information;
• Keep account information reasonably current;
• Use reasonable safeguards to protect your credentials;
• Not knowingly permit unauthorized individuals to use your credentials; and
• Promptly notify PlanHero if you believe your account has been accessed or used without authorization.

PlanHero may require additional authentication or security measures where reasonably necessary to protect the Services or users.

Account Owners are responsible for determining which individuals they authorize as Administrators and for managing those permissions.

5. Organizations and Customer Responsibilities

Organizations using PlanHero determine how they configure and use the Services and are responsible for their own organizational activities.

Without limiting any other provision of these Terms, Account Owners and Administrators are responsible for:

• Determining which individuals they add or invite as Members;
• Ensuring they have appropriate authority to provide information concerning Members and other individuals to PlanHero;
• Managing Groups, Events, signups, and organizational records;
• Determining what questions, forms, onboarding information, or documents they request;
• Determining which individuals may access organizational information;
• Determining what Checklists, training requirements, certifications, or qualifications they track;
• Determining whether and how to use waivers, agreements, acknowledgments, or electronic acceptance features;
• Determining whether to initiate background screening;
• Determining which communications they send;
• Obtaining any consents, permissions, or authorizations required by law;
• Determining whether to enable third-party integrations;
• Determining whether information may lawfully be transferred to a third-party platform; and
• Complying with applicable laws relating to their activities.

PlanHero does not supervise an organization’s operations and does not determine whether an organization’s particular use of the Services is legally appropriate.

6. Member Information and Information About Other Individuals

PlanHero allows authorized users to enter or maintain information concerning other individuals.

An Account Owner or Administrator may, for example, provide a Member’s name, email address, telephone number, mailing address, organizational affiliation, participation history, or other information.

If you provide personal information concerning another person, you represent and warrant that you have a lawful basis and appropriate authority to provide and use that information through the Services.

PlanHero is not responsible for determining whether an organization or Administrator has authority to collect, enter, maintain, modify, disclose, or otherwise process information concerning another individual.

Certain account information may be controlled by the individual associated with that information rather than by the organization that initially entered it. PlanHero may restrict an Administrator’s ability to modify certain identifying information or may require PlanHero support to make corrections where reasonably necessary to protect account integrity, privacy, or security.

7. Organizer-Created Questions, Forms, and Onboarding

PlanHero allows organizations and Organizers to create questions, forms, onboarding forms, and other requests for information.

These requests are created and managed by the organization or Organizer, not by PlanHero.

PlanHero does not routinely review or approve user-created questions or forms before they are made available.

Users may not use general-purpose PlanHero questions or forms to request information prohibited by PlanHero, including Social Security numbers or full payment card numbers.

Organizations and Organizers are solely responsible for:

• The questions and information requests they create;
• Determining whether requested information is necessary and appropriate;
• Providing any legally required notices;
• Obtaining any required permissions or consents; and
• Complying with privacy, employment, education, volunteer, fundraising, and other applicable laws.

Health Information and HIPAA

PlanHero is not designed or offered as a service for the collection, storage, or processing of protected health information (“PHI”) subject to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”).

Unless PlanHero expressly agrees otherwise in a separate written agreement, including any required business associate agreement, you may not use the Services to collect, upload, store, transmit, or otherwise process PHI through PlanHero.

Organizations are responsible for determining whether information they collect is subject to HIPAA or other health-information privacy laws and for selecting systems and procedures appropriate to their legal obligations.

8. Waivers, Agreements, Electronic Signatures, and Acknowledgments

PlanHero may allow organizations to upload, create, present, distribute, and maintain waivers, releases, agreements, policies, consent forms, acknowledgments, or other documents or text.

PlanHero may also provide tools through which a Member, Participant, volunteer, employee, or other individual may provide an electronic signature, type a name, check a box, click an acceptance control, acknowledge receipt, indicate agreement, or otherwise take an electronic action associated with a document or record.

PlanHero provides these functions solely as technology and recordkeeping tools.

PlanHero is not a law firm and does not provide legal advice. PlanHero does not draft, approve, review, validate, or determine the legal adequacy of customer-provided waivers, releases, agreements, consent forms, policies, acknowledgments, or other legal documents.

PLANHERO DOES NOT REPRESENT, WARRANT, OR GUARANTEE THAT ANY DOCUMENT, WAIVER, RELEASE, AGREEMENT, ACKNOWLEDGMENT, CONSENT, ELECTRONIC SIGNATURE, CHECKBOX, CLICK-TO-ACCEPT PROCESS, OR OTHER METHOD OF ELECTRONIC ACCEPTANCE USED THROUGH THE SERVICES IS LEGALLY VALID, BINDING, SUFFICIENT, AUTHENTIC, OR ENFORCEABLE FOR ANY PARTICULAR PURPOSE OR IN ANY PARTICULAR JURISDICTION.

The organization using these features is solely responsible for:

• Drafting and selecting the document or language being presented;
• Determining whether the document is appropriate for its intended purpose;
• Determining whether a waiver or release of liability is permitted or enforceable;
• Determining what form of signature, consent, acknowledgment, or acceptance is required;
• Determining whether its electronic process complies with applicable electronic-signature laws;
• Determining whether the signer has the identity, authority, intent, or legal capacity required;
• Obtaining any required parental or guardian authorization;
• Obtaining any employee, volunteer, participant, Member, or other consent required by law;
• Providing any disclosures required by law;
• Determining whether additional identity verification is necessary; and
• Maintaining any additional records required by applicable law.

PlanHero may maintain records showing that an action occurred through the Services, such as a name, electronic signature, checkbox selection, acknowledgment, acceptance, account identifier, date, time, or related system information.

The existence of such a record does not constitute a certification, authentication, representation, or warranty by PlanHero regarding:

• The identity of the person who took the action;
• That person’s authority or legal capacity;
• That person’s intent to enter into a binding agreement;
• The authenticity of a signature or acceptance;
• Compliance with any particular electronic-signature statute;
• The legal adequacy of the document; or
• The validity or enforceability of the document or underlying agreement.

Organizations using these features should consult their own qualified legal counsel regarding their documents, waiver procedures, consent requirements, electronic-signature processes, and recordkeeping obligations.

9. Background Screening and Checkr

Eligible customers may use PlanHero’s integration with Checkr to facilitate background screening.

PlanHero does not perform background checks and is not a consumer reporting agency.

Background screening is provided by Checkr or another applicable third-party provider and is governed by that provider’s terms, policies, disclosures, and procedures.

PlanHero may receive or display limited screening-related information made available through the integration, such as screening status, result or disposition status, and report or transaction identifiers.

The organization requesting or using a background check is solely responsible for its decision to do so and for compliance with all laws applicable to background screening, including, where applicable:

• Disclosure and authorization requirements;
• Permissible-purpose requirements;
• Pre-adverse and adverse-action procedures;
• Employment or volunteer-screening laws;
• Recordkeeping requirements;
• Anti-discrimination requirements; and
• State or local restrictions concerning criminal-history information.

PlanHero does not provide legal advice concerning whether a background check may be requested or how screening information may be used.

Organizations should consult qualified legal counsel regarding their background-screening practices.

10. Checklists, Training, Certifications, and Organizational Records

PlanHero may allow organizations to record or track training, certifications, qualifications, Checklist completion, volunteer hours, attendance, participation, or other organizational requirements.

These features are recordkeeping tools only.

PlanHero does not independently verify that:

• Training was completed;
• A certification is authentic, current, sufficient, or legally required;
• A qualification satisfies an organization’s requirements;
• A Member is qualified to perform a particular activity;
• Volunteer hours or attendance records are accurate; or
• Completion of a Checklist constitutes legal or regulatory compliance.

Organizations remain responsible for verifying any credentials, records, or requirements important to their operations.

11. Subscriptions, Billing, and Taxes

PlanHero may offer free and paid subscription plans.

By purchasing a paid subscription, you represent and warrant that:

• You are authorized to use the payment method provided;
• The billing information you provide is accurate and complete; and
• You authorize PlanHero and its payment processor to charge applicable subscription fees and other amounts disclosed at the time of purchase.

Unless otherwise stated, fees are stated in U.S. dollars.

Subscription features, limits, and pricing may vary by plan and may change as permitted by these Terms.

If payment cannot be processed, PlanHero may suspend, restrict, downgrade, or terminate access to paid features until payment is resolved.

You are responsible for taxes, duties, levies, or governmental assessments applicable to your purchase except taxes imposed on PlanHero’s income. Where PlanHero is required to collect and remit taxes, the applicable amount may be added to your charge.

Refunds, if any, will be provided in accordance with the refund policy or purchase terms applicable at the time of the transaction.

12. Payments, Donations, and Stripe

Certain PlanHero features may allow Organizers to facilitate payments, fees, purchases, donations, or other transactions.

Payment processing is provided by Stripe or another designated third-party payment processor.

PlanHero does not store full payment card numbers on its servers, and payment card transactions are processed by the applicable payment processor.

Where applicable, PlanHero may charge a service or transaction fee that will be disclosed in connection with the applicable transaction.

An Organizer using payment or donation functionality is solely responsible for:

• The underlying Event, activity, product, service, membership, donation campaign, or transaction;
• Describing any goods, services, benefits, or charitable purposes accurately;
• Determining whether it is legally permitted to collect the payment or donation;
• Providing legally required refunds, receipts, disclosures, or tax information;
• Managing the use and distribution of funds;
• Handling Participant or donor disputes; and
• Complying with fundraising, charitable-solicitation, tax, consumer-protection, and other applicable laws.

PlanHero is not responsible for an Organizer’s use of funds or for the tax deductibility of any donation.

Chargebacks, disputes, reversals, refunds, payment holds, account restrictions, or other payment matters may also be subject to Stripe’s applicable agreements and policies.

13. Third-Party Integrations and Customer-Directed Data Transfers

PlanHero may allow Account Owners or authorized Administrators to connect PlanHero with supported third-party services.

Examples may include Givebutter, HubSpot, Canva, Double the Donation, Checkr, social-login providers, or other services.

If you enable a third-party integration, you authorize PlanHero to take actions reasonably necessary to provide the integration.

For supported Givebutter and HubSpot integrations, PlanHero may transmit supported information from PlanHero to the customer’s connected third-party account at the direction of the Account Owner or authorized Administrator.

Depending upon the integration and customer configuration, exported information may include:

• Names and contact information;
• Member or Participant information;
• Event information;
• Signup or participation information;
• Donation amounts;
• Transaction-related information; and
• Other information supported by the integration.

The organization enabling an integration is solely responsible for determining that:

• It has authority to connect the third-party account;
• It has authority to export the information;
• The transfer is lawful;
• Any required notices or consents have been provided or obtained; and
• Its subsequent use of the information within the third-party service complies with applicable law.

After information is transferred to an independent third-party service, PlanHero does not control that third party’s handling, retention, security, use, disclosure, or deletion of the information.

Third-party services are governed by their own agreements and privacy practices.

PlanHero does not warrant the continued availability, accuracy, compatibility, security, performance, or functionality of any third-party integration and may modify or discontinue integrations at any time.

14. Email, SMS, and Other Communications

PlanHero may provide tools that allow organizations and Organizers to send email, SMS, Event notifications, reminders, or other communications.

Organizations using these features are responsible for the communications they send and for complying with applicable laws.

If you send communications through PlanHero, you represent and warrant that you have any consent, permission, or other legal authority required to contact each recipient.

You may not use PlanHero’s communication tools to send unlawful spam, deceptive messages, harassment, prohibited solicitations, or other communications that violate applicable law or these Terms.

SMS Communications

SMS functionality may be available only for supported countries, telephone numbers, plans, or features.

Where a recipient affirmatively enrolls in SMS communications through PlanHero, message frequency may vary. Message and data rates may apply.

Recipients may generally opt out of supported PlanHero SMS communications by replying STOP. Where supported, replying START may allow messages to resume.

Wireless carriers are not responsible for delayed or undelivered messages.

PlanHero may use third-party providers, including Twilio, to facilitate SMS delivery.

An Organizer’s access to PlanHero SMS tools does not mean that PlanHero has determined that the Organizer has legal authority to contact a particular recipient.

The Organizer is responsible for maintaining any consent records required for its communications and for honoring opt-outs, revocations, do-not-contact requests, and other legally required communication preferences.

PlanHero may suspend or restrict messaging functionality where we reasonably believe the functionality is being used unlawfully, abusively, or contrary to third-party provider requirements.

15. User Content

“User Content” means content, data, documents, images, text, files, questions, forms, Event information, waivers, messages, or other materials submitted, uploaded, transmitted, stored, or created by users through the Services.

As between you and PlanHero, you retain your rights in your User Content.

You grant PlanHero a nonexclusive, worldwide, royalty-free license to host, store, reproduce, process, transmit, display, modify as technically necessary, and otherwise use User Content solely as reasonably necessary to:

• Provide and operate the Services;
• Perform actions directed by authorized users;
• Maintain, secure, troubleshoot, and improve the Services;
• Provide customer support; and
• Comply with legal obligations.

You represent and warrant that you have the rights and permissions necessary to submit User Content and authorize PlanHero to process it as described in these Terms and our Privacy Policy.

PlanHero does not routinely review all User Content and does not endorse or guarantee its accuracy, legality, completeness, appropriateness, or reliability.

We may remove or restrict access to User Content where we reasonably believe it violates these Terms, applicable law, third-party rights, or the security or integrity of the Services.

16. Third-Party Services

The Services may contain links to, integrate with, or permit access to websites, software, platforms, content, or services operated by third parties.

Third-party services are not controlled by PlanHero.

Your use of third-party services may be subject to separate terms, privacy policies, fees, and requirements.

To the maximum extent permitted by law, PlanHero is not responsible for:

• Third-party content;
• Third-party acts or omissions;
• Third-party security or availability;
• Third-party data practices;
• Changes to or discontinuation of a third-party service; or
• Losses arising from your use of or reliance upon a third-party service.

17. Privacy

PlanHero’s collection, use, processing, and disclosure of personal information are described in our Privacy Policy.

By using the Services, you acknowledge that personal information will be processed as described in the Privacy Policy.

Where you provide PlanHero with personal information concerning another individual, you are responsible for ensuring that you have appropriate authority to do so.

18. Support Communications and Service Monitoring

PlanHero may provide customer support through email, telephone, chat, or other channels.

As described in our Privacy Policy, support interactions, including chats and telephone calls, may be recorded or stored for customer support, troubleshooting, training, quality assurance, security, and service-improvement purposes.

PlanHero may also use diagnostic, analytics, or session-replay technologies to troubleshoot issues, maintain the Services, improve usability, and support customers as described in the Privacy Policy.

19. Intellectual Property

The Services, excluding User Content, including software, source code, object code, interfaces, features, functionality, designs, text, graphics, logos, trademarks, service marks, and other proprietary materials, are owned by or licensed to MomClone, LLC and are protected by applicable intellectual-property laws.

PlanHero® and associated marks are trademarks or service marks owned by MomClone, LLC.

Except as expressly permitted by these Terms, you may not:

• Copy or reproduce the Services;
• Modify or create derivative works from the Services;
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Services, except to the extent such restriction is prohibited by applicable law;
• Scrape or systematically extract data from the Services;
• Frame or mirror the Services;
• Circumvent access controls or technical limitations;
• Sell, sublicense, rent, lease, or commercially exploit the Services;
• Use PlanHero branding without permission; or
• Use the Services to create or assist a competing service through unauthorized copying or extraction of PlanHero functionality or content.

Nothing in these Terms transfers ownership of PlanHero intellectual property to you.

20. Prohibited Conduct

You agree not to use the Services to:

• Violate any law or regulation;
• Engage in fraud, deception, or unlawful activity;
• Infringe intellectual-property, privacy, publicity, contractual, or other rights;
• Harass, threaten, intimidate, exploit, or harm another person;
• Exploit or endanger minors;
• Upload or distribute malware, malicious code, spyware, or harmful technologies;
• Attempt unauthorized access to accounts, systems, networks, or data;
• Interfere with or disrupt the Services;
• Circumvent security controls or usage restrictions;
• Harvest personal information without authorization;
• Send spam or unlawful communications;
• Use information obtained through PlanHero for unlawful discrimination or other unlawful purposes;
• Request Social Security numbers or full payment card numbers through general-purpose PlanHero forms;
• Misrepresent your identity or affiliation;
• Falsely imply sponsorship or endorsement by PlanHero;
• Scrape, crawl, data-mine, or systematically extract information except as expressly authorized;
• Resell or commercially exploit the Services except as expressly permitted; or
• Help another person engage in prohibited conduct.

You also may not use the Services to collect, upload, store, transmit, or otherwise process PHI subject to HIPAA unless PlanHero has expressly agreed to such use in a separate written agreement, including any required business associate agreement.

PlanHero may investigate suspected violations and may remove content, restrict features, suspend accounts, terminate accounts, or take other reasonable action where appropriate.

21. Suspension, Cancellation, and Termination

You are responsible for canceling a paid subscription through the cancellation functionality made available within your PlanHero account unless PlanHero provides another authorized cancellation method.

Cancellation generally takes effect as described during the cancellation process or at the end of the applicable paid billing period.

PlanHero may suspend or terminate an account or restrict use of the Services if we reasonably determine that:

• These Terms have been violated;
• Fees remain unpaid;
• The account creates a security or legal risk;
• The account is being used fraudulently or abusively;
• Continued use could expose PlanHero or others to liability;
• Required by law or a third-party service provider; or
• Suspension or termination is otherwise reasonably necessary to protect the Services or users.

PlanHero may also discontinue the Services or particular features.

Upon expiration or termination of a subscription, some account information may become inaccessible, archived, deleted, or otherwise handled in accordance with PlanHero’s then-current data-retention practices and Privacy Policy.

You are responsible for exporting information you reasonably need before account access ends where export functionality is available.

Sections that by their nature should survive termination will survive, including provisions relating to payments, intellectual property, User Content licenses as needed for retained records, disclaimers, limitation of liability, indemnification, dispute resolution, and governing law.

22. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

PLANHERO AND MOMCLONE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AVAILABILITY, SECURITY, OR ERROR-FREE OPERATION.

WITHOUT LIMITING THE FOREGOING, PLANHERO DOES NOT WARRANT THAT:

• THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE;
• INFORMATION STORED THROUGH THE SERVICES WILL NEVER BE LOST;
• THIRD-PARTY SERVICES OR INTEGRATIONS WILL REMAIN AVAILABLE;
• USER CONTENT IS ACCURATE OR LAWFUL;
• A MEMBER, VOLUNTEER, PARTICIPANT, OR OTHER INDIVIDUAL IS QUALIFIED OR SUITABLE;
• A BACKGROUND CHECK IS COMPLETE OR ACCURATE;
• A TRAINING, CERTIFICATION, CHECKLIST, OR CREDENTIAL SATISFIES ANY LEGAL OR ORGANIZATIONAL REQUIREMENT; OR
• A WAIVER, AGREEMENT, CONSENT, ACKNOWLEDGMENT, ELECTRONIC SIGNATURE, OR OTHER RECORD IS LEGALLY VALID, BINDING, OR ENFORCEABLE.

PLANHERO IS NOT RESPONSIBLE FOR THE CONDUCT, SAFETY, ACTS, OR OMISSIONS OF ORGANIZERS, MEMBERS, VOLUNTEERS, PARTICIPANTS, CUSTOMERS, OR OTHER THIRD PARTIES.

23. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MOMCLONE, LLC, PLANHERO®, AND THEIR AFFILIATES, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSS, ARISING OUT OF OR RELATING TO:

• YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE SERVICES;
• USER CONTENT;
• THE CONDUCT OR ACTIONS OF ANOTHER USER OR THIRD PARTY;
• AN EVENT, VOLUNTEER ACTIVITY, ORGANIZATIONAL ACTIVITY, OR TRANSACTION;
• A WAIVER, AGREEMENT, RELEASE, ELECTRONIC SIGNATURE, ACKNOWLEDGMENT, OR CONSENT;
• A BACKGROUND SCREENING OR SCREENING DECISION;
• A COMMUNICATION SENT THROUGH THE SERVICES;
• A PAYMENT, DONATION, REFUND, CHARGEBACK, OR FINANCIAL TRANSACTION;
• A THIRD-PARTY SERVICE OR INTEGRATION;
• THE TRANSFER OF DATA TO A CUSTOMER-AUTHORIZED THIRD-PARTY SERVICE;
• LOSS, CORRUPTION, OR UNAUTHORIZED ACCESS TO DATA; OR
• UNAUTHORIZED ACCESS TO OR USE OF YOUR ACCOUNT,

EVEN IF PLANHERO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PLANHERO’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF:

(A) $100; OR (B) THE AMOUNT YOU PAID DIRECTLY TO PLANHERO FOR THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow certain limitations of liability. In those jurisdictions, these limitations apply only to the extent permitted by law.

24. Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless MomClone, LLC, PlanHero®, and their affiliates, members, managers, officers, directors, employees, agents, licensors, and service providers from and against claims, demands, actions, proceedings, losses, liabilities, damages, judgments, settlements, penalties, fines, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to:

• Your access to or use of the Services;
• Your User Content;
• Your violation of these Terms;
• Your violation of applicable law;
• Your infringement or violation of another person’s rights;
• Information you collect or process about Members, Participants, volunteers, employees, or other individuals;
• Questions, forms, onboarding materials, or information requests you create;
• Your waivers, agreements, releases, consent forms, acknowledgments, electronic-signature processes, or other legal documents;
• Your use of background screening;
• Your communications, including email or SMS messages;
• Your Events, activities, products, services, fundraising, or volunteer programs;
• Payments or donations you collect;
• Your use of third-party integrations;
• Your direction to PlanHero to transmit information to a third-party platform; or
• Acts or omissions of your Administrators.

PlanHero reserves the right to assume control of the defense of any matter otherwise subject to indemnification, in which case you agree to reasonably cooperate with our defense.

25. Arbitration, Class Action Waiver, and Jury Trial Waiver

A. Agreement to Arbitrate

Except as provided below, you and PlanHero agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, your account, any purchase or transaction, or your relationship with PlanHero (“Dispute”) will be resolved through final and binding individual arbitration rather than in court.

This arbitration agreement is governed by the Federal Arbitration Act.

B. Exceptions

Either party may bring:

• An individual action in small claims court if the claim qualifies and remains in that court; or
• An action seeking injunctive or equitable relief relating to infringement or misuse of intellectual property, unauthorized access, or security of the Services.

C. Arbitration Provider and Rules

Arbitration will be administered by the American Arbitration Association (“AAA”) under the AAA rules applicable to the dispute, including the Consumer Arbitration Rules where applicable, as in effect when the arbitration is filed.

If the AAA is unavailable or unwilling to administer the arbitration, the parties will attempt in good faith to select another nationally recognized arbitration provider. If they cannot agree, a court of competent jurisdiction may appoint an arbitration provider.

The arbitration will be conducted by a single neutral arbitrator.

Where permitted by the applicable rules, proceedings may occur by telephone, videoconference, written submissions, or in person.

D. Fees

Arbitration fees will be allocated in accordance with applicable AAA rules and applicable law.

PlanHero will pay fees that applicable consumer-arbitration law or the AAA Consumer Arbitration Rules require the business to pay.

Each party will otherwise bear its own attorneys’ fees and expenses unless the arbitrator is authorized by applicable law or contract to award them.

E. No Class or Representative Actions

YOU AND PLANHERO AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, COORDINATED, PRIVATE-ATTORNEY-GENERAL, OR REPRESENTATIVE PROCEEDING.

Unless both parties agree otherwise, the arbitrator may not consolidate the claims of more than one person or preside over any form of class or representative proceeding.

F. Jury Trial Waiver

TO THE EXTENT A DISPUTE IS SUBJECT TO ARBITRATION, YOU AND PLANHERO WAIVE THE RIGHT TO A TRIAL BY JURY.

For claims properly proceeding in court rather than arbitration, each party waives a jury trial to the maximum extent permitted by applicable law.

G. Arbitration Opt-Out

You may opt out of this arbitration agreement by sending written notice within thirty (30) days after the later of:

• The date you first accept these Terms; or
• The date you first become subject to this arbitration provision.

Send the notice to:

houston@planhero.com

Subject: ARBITRATION OPT-OUT

Your notice should include sufficient information to identify your PlanHero account and clearly state that you are opting out of the arbitration agreement.

Opting out of arbitration does not affect the remaining provisions of these Terms.

H. Severability of Arbitration Provision

If a court determines that the class, collective, coordinated, or representative-action waiver above is unenforceable with respect to a particular claim or request for relief and that determination cannot be cured through severance, that claim or request for relief will proceed in court to the extent required by law.

The remainder of the arbitration agreement will remain effective to the maximum extent permitted by law.

I. Survival

This arbitration agreement survives termination of these Terms and termination or closure of your PlanHero account.

26. Governing Law and Court Venue

These Terms are governed by the laws of the State of California, without regard to conflict-of-laws principles, except to the extent federal law governs.

For any Dispute that is not subject to arbitration and is not properly brought in small claims court, you and PlanHero consent to the personal jurisdiction and venue of the state courts located in Santa Barbara County, California, and the applicable federal courts having jurisdiction over Santa Barbara County, California.

27. Assignment

You may not assign or transfer these Terms or your rights under them without PlanHero’s prior written consent.

PlanHero may assign or transfer these Terms in connection with a merger, acquisition, corporate reorganization, financing, sale of assets, change of control, or similar transaction, or to an affiliate or successor.

28. Changes to the Services and Terms

PlanHero may modify, add, discontinue, or change features of the Services from time to time.

We may also update these Terms to reflect changes in our Services, business practices, technology, law, or other circumstances.

When we update these Terms, we will revise the “Last Updated” date.

For material changes, we may provide additional notice as appropriate or required by applicable law.

Your continued use of the Services after updated Terms become effective constitutes acceptance of the revised Terms where permitted by law.

If you do not agree to revised Terms, you should discontinue use of the Services.

29. Severability; No Waiver

Except as otherwise specifically provided in the arbitration section, if any provision of these Terms is determined to be invalid or unenforceable, that provision will be enforced to the maximum extent permitted or severed, and the remaining provisions will remain effective.

PlanHero’s failure to enforce a provision of these Terms does not waive our right to enforce that provision later.

30. Entire Agreement

These Terms, together with the Privacy Policy and any additional terms expressly applicable to a particular PlanHero feature or transaction, constitute the agreement between you and MomClone concerning the Services and supersede prior agreements concerning the same subject matter.

These Terms do not create third-party beneficiary rights except where expressly stated.

31. California Consumer Notice

Under California Civil Code Section 1789.3, California users may be entitled to certain consumer information concerning electronic commercial services.

Questions or complaints concerning PlanHero may be directed to:

MomClone, LLC (dba PlanHero®)
1187 Coast Village Road, Suite 1-775
Santa Barbara, California 93108
houston@planhero.com

California consumers may also contact:

California Department of Consumer Affairs Consumer Information Center 1625 North Market Blvd., Suite N-112 Sacramento, CA 95834 (800) 952-5210

Information regarding PlanHero subscription charges is provided through the Services and applicable pricing or subscription pages.

32. Contact Us

Questions regarding these Terms may be directed to:

MomClone, LLC (dba PlanHero®)
1187 Coast Village Road, Suite 1-775
Santa Barbara, California 93108
houston@planhero.com