Terms of Use

These Terms of Use (“Terms”) govern your use of PlanE, business software operated by Bytewave (“Bytewave”, “we”, “us”). They are written for an active user of PlanE whose organization subscribes to it under a signed service agreement.

1. Acceptance

By creating an account, signing in, or using PlanE, you agree to these Terms and to the Privacy Policy. If you use PlanE on behalf of an organization, you confirm that you are authorized to do so and that the organization has agreed to a service agreement with Bytewave.

PlanE records the version of these Terms you accepted and when. When a new version is published, you will be asked to accept it before continuing to use PlanE. If you do not agree to a new version, stop using PlanE and tell your organization’s administrator.

2. The service agreement

Your organization’s subscription to PlanE is governed by a service agreement signed between the organization and Bytewave. Fees, billing, service levels, support, data processing terms, term and renewal, and other commercial matters are set out in that agreement and are outside the scope of these Terms. If these Terms conflict with the service agreement, the service agreement controls for the organization. These Terms govern your individual use of the software.

3. Eligibility and accounts

• You must be at least 18 years old and able to enter a binding agreement.
• Accounts are created by invitation from an organization administrator or by Bytewave. You may not create an account for someone else or share your account.
• You are responsible for keeping your sign-in credentials confidential and for activity under your account. Tell your organization’s administrator and Bytewave at once if you believe your account has been used without authorization.
• Your organization’s administrators control your role, your permissions, and whether your account is active. They can deactivate or remove your account at any time.

4. Roles and the organization’s responsibility

PlanE is used by organizations and the people they authorize: administrators, members, and workers. Each organization:

• Decides what data to enter into PlanE and who in the organization may see it.
• Is responsible for the acts and omissions of its users, for assigning roles and permissions appropriately, and for removing access when it should end.
• Is responsible for its own compliance with employment, tax, payment, privacy, and other laws that apply to the data it processes in PlanE, including notices and consents it must obtain from its workers and customers.
• Is the point of contact for requests from its workers and customers about their personal information.

Bytewave provides the software and processes data on the organization’s instructions. Bytewave does not provide legal, tax, accounting, or payroll advice. Figures that PlanE computes, forms it produces, and filings it prepares are tools for the organization, which remains responsible for reviewing and approving them.

5. Acceptable use

You agree not to:

• Access or attempt to access data, accounts, or systems you are not authorized to use, or circumvent permissions, rate limits, or security controls.
• Enter data you do not have the right to enter, including another person’s identity, tax, or bank information without authority.
• Use PlanE to send unlawful, deceptive, or harassing messages, or to send messages to people who have not agreed to receive them where the law requires agreement.
• Upload malware, or content that is unlawful or infringes another’s rights.
• Probe, scan, or test the vulnerability of PlanE without Bytewave’s prior written permission, or interfere with its operation.
• Reverse engineer, copy, resell, or build a competing product from PlanE, except as the law allows notwithstanding this clause.
• Use PlanE to store or process payment card numbers. Card payments are handled only on the payment provider’s hosted pages.
• Use PlanE in a way that violates law, including laws on employment, tax, payments, privacy, export control, and sanctions.

Workflows, webhooks, and API keys let your organization send data out of PlanE. Your organization is responsible for where it sends data and for the recipients it chooses.

6. Data ownership and license

Your organization owns the data it and its users enter into PlanE and the data it collects from its workers and customers through PlanE (“Organization Data”). Bytewave claims no ownership of Organization Data.

Your organization grants Bytewave a non-exclusive, worldwide, royalty-free license to host, copy, process, transmit, display, and back up Organization Data solely to provide, secure, and support PlanE for that organization, to meet legal obligations, and as the service agreement permits. Bytewave does not sell Organization Data, does not use it for advertising, and does not use one organization’s data for another organization.

Bytewave owns PlanE, including its software, design, documentation, and all improvements. Nothing in these Terms transfers any of that to you or your organization. Feedback you give about PlanE may be used by Bytewave without obligation.

7. Third-party services

PlanE relies on third-party providers for identity, payments, bank linking, hosting, email, and error monitoring, listed in the Privacy Policy. When you use a feature that depends on a provider, the provider’s own terms may apply to your interaction with it, for example when you link a bank account in the bank-linking provider’s interface or pay an invoice on the payment provider’s hosted page. Bytewave is not responsible for the services of those providers beyond what the service agreement says.

Payroll, payment, and tax features depend on providers and on information your organization supplies. Processing times, holds, declines, and verification requirements are set by the providers and by law.

8. Suspension and termination

Bytewave may suspend or limit your access, or your organization’s access, when reasonably necessary to:

• Prevent or investigate a security incident, fraud, or abuse.
• Respond to a legal demand.
• Stop a violation of these Terms or the service agreement.
• Protect the operation of PlanE for other organizations.

Bytewave will tell the organization’s administrators when it suspends access, unless law or an active investigation prevents it, and will restore access when the cause is resolved.

Your organization may end your access at any time. The service agreement governs how the organization’s subscription ends and how Organization Data is returned or deleted afterward. Bytewave does not delete Organization Data except as the service agreement or the retention schedule provides, or on the explicit instruction of the organization’s contract holder.

Sections 6 (ownership), 9 to 12 (disclaimers, limitation, indemnity, law), and any other section that by its nature should survive, survive termination.

9. Disclaimers

PlanE is provided “as is” and “as available”. To the fullest extent permitted by law, Bytewave disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, and uninterrupted or error-free operation. Any service level commitments are those in the service agreement and nothing more.

PlanE computes payroll, taxes, and accounting figures and produces forms from the data your organization supplies. Bytewave does not warrant that those outputs are correct for your organization’s circumstances or that they satisfy any legal requirement. Your organization is responsible for reviewing outputs before relying on them.

10. Limitation of liability

To the fullest extent permitted by law:

• Bytewave is not liable to you or your organization for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill, arising out of or related to these Terms or PlanE, however caused.
• Bytewave’s total liability to you for all claims arising out of or related to these Terms or your use of PlanE is limited to the amount, if any, the service agreement sets for the organization, or, if the service agreement sets no amount, to one hundred US dollars.

These limits do not apply where the law does not allow them, including liability for Bytewave’s gross negligence, willful misconduct, or fraud. The service agreement’s liability terms govern between Bytewave and the organization.

11. Indemnity

To the extent permitted by law, you agree to indemnify and hold harmless Bytewave and its officers, employees, and agents from claims, losses, and expenses, including reasonable attorneys’ fees, arising from your violation of these Terms, your misuse of PlanE, or data you entered without the right to do so. The service agreement governs indemnities between Bytewave and the organization.

12. Governing law and venue

These Terms are governed by the laws of the State of Wyoming, United States, without regard to its conflict-of-law rules. Any dispute arising out of or related to these Terms or your use of PlanE will be brought exclusively in the state or federal courts located in Wyoming, and you consent to their jurisdiction, except that Bytewave may seek injunctive relief in any court of competent jurisdiction to protect its systems or intellectual property. If the service agreement provides a different forum or dispute procedure, that provision governs disputes between Bytewave and the organization.

13. Changes to these Terms

Bytewave may update these Terms. Each version carries a version date at the top. Bytewave will announce material changes to organization administrators before they take effect. When a new version is published, PlanE will ask you to accept it the next time you sign in; you cannot continue to use PlanE until you do. The version you accepted and the time of acceptance are recorded.

14. General

• These Terms, the Privacy Policy, and the service agreement are the complete agreement about your use of PlanE.
• If a provision is unenforceable, the rest remain in effect.
• Bytewave’s failure to enforce a provision is not a waiver.
• You may not assign these Terms. Bytewave may assign them to a successor to its business.
• Notices to you may be sent to the email address on your account. Notices to Bytewave go to the contact below.

15. Contact

Bytewave Wyoming, United States Email: support@bytewave.co Phone: +1 307-429-2163