1. Agreement to These Terms
These Terms of Service are an agreement between you and Belmaya LLC, doing business as Asan Planner ("we," "our," or "us"). They cover both the Asan mobile app and our website at asan-planner.com (together, "the Service").
By creating an account, or by using the Service, you agree to these Terms. If you do not agree, do not use the Service. Our Privacy Policy explains how we handle information and forms part of this agreement.
2. Who May Use It
Asan is for business use by people aged 18 or over. By using it you confirm that you meet that, and that you are using it for a business you run or work in.
3. Your Account
You are responsible for your account and for what happens under it, including keeping your sign-in details to yourself. Tell us at support@asan-planner.com if you think someone else has access to it. Give us accurate information when you sign up, and keep it up to date.
4. Your Data, and Your Customers' Data
What you put into Asan is yours. Your customers, your jobs, your notes, your pricing and the wording of your messages all remain yours. You give us permission to store and process them only so far as we need to in order to run the Service for you. Apart from the statistics described next, we do not use them for anything else, and we do not sell them or market to your customers.
We may combine figures from across all businesses into aggregated statistics, with names and details removed so that they cannot identify you, your business or your customers. We use them only to run and improve the Service. We do not use your data, or your customers' data, to train artificial intelligence models.
Much of what you enter is information about other people. You are responsible for it: for having a proper basis to hold it, for its accuracy, and for honoring requests from those people about it. You can export your data and delete your account at any time from within the app; see the Privacy Policy for how.
For your customers' records, you are the controller and we process them on your instructions, to run the Service for you. People you invite to your business see its records according to the role you give them.
5. Your Team
On a plan with more than one user, the owner of the business account, and anyone the owner makes an admin, can invite people to the business and give each of them a role. The owner is responsible for the people invited and for their use of the Service under these Terms.
A member's access ends when they are removed from the business, or when the business's plan no longer covers them.
6. Messages You Send
Asan prepares messages for you. You send them. They go from your own device and your own phone number, over your own mobile plan, and your carrier's usual rates apply. We are not the sender and we do not transmit them.
That makes the content of every message, and the decision to send it, yours. You are responsible for complying with the rules that apply to messaging where you and your customers are, including obtaining consent to contact them, honoring opt-out requests, and respecting restrictions on when messages may be sent. You must not use Asan to send unsolicited bulk messages.
7. Acceptable Use
You agree not to:
- Use the Service to break any applicable law, or to harass, defraud or harm anyone
- Send messages to people who have not agreed to hear from you, or who have asked you to stop
- Upload anything unlawful, or anything you do not have the right to hold
- Try to gain unauthorized access to the Service, other accounts, or the systems behind them
- Disrupt the Service, or interfere with anyone else's use of it
- Copy, scrape, resell or reverse-engineer the Service or its content without our written permission
We may remove content that breaks these Terms, and we may suspend or close an account that breaks these rules, as section 12 describes.
8. Plans and Subscriptions
Every business starts on the Free plan, which is for 1 user and includes 30 visits in each calendar month. A visit counts toward the month when its day arrives in your business's time zone. Once a month's 30 visits are used, no new visits can be booked into that month, and visits beyond the 30th cannot be started, completed or invoiced until the 1st of the next month. The limit never stops you from viewing or editing your records, collecting on invoices you have already issued, making corrections, or exporting your data.
The paid plans are:
- Solo, $19.99 a month, for 1 user. Renews at $19.99 a month until you cancel.
- Team, $49.99 a month, for up to 5 users. Renews at $49.99 a month until you cancel.
- Business, $199.99 a month, for up to 20 users. Renews at $199.99 a month until you cancel.
The number of people who can use a business account comes only from its plan. Prices are in US dollars. More people than the largest plan allows can use Asan under an Enterprise plan, by separate agreement with us.
Where you buy decides who sells to you. You can buy a paid plan in the app, under Settings > Subscription, through Apple, or on our website. If you buy through Apple, Apple is the merchant of record: it takes the payment, shows the price for your country, and Apple's terms apply to the purchase and to any refund request. If you buy on our website, Belmaya LLC is the seller. Payment is taken by RevenueCat Billing through Stripe, and you agree to these Terms at checkout.
Renewal. A paid plan is billed monthly and renews automatically at the price shown, until you cancel. Cancelling stops the next renewal; the plan stays active until the end of the period you have paid for.
How to cancel. Cancel through the place you bought. For an Apple purchase, go to Settings > Apple ID > Subscriptions on your iPhone or iPad. For a purchase on our website, open Manage subscription in the web app, which opens the customer portal where you can cancel, or use the link in the emails RevenueCat sends you about your subscription.
Refunds. Apple decides refunds for Apple purchases. For a purchase on our website, you can cancel at any time and keep your plan until the end of the period you have paid for; we do not refund partial months. When you upgrade to a larger plan on our website, the unused part of your current plan is refunded automatically. If you were charged by mistake, write to support@asan-planner.com and we will refund it. Nothing here limits a refund the law gives you.
Price changes and taxes. If we change the price of a plan, we will post the new price on our website at least 30 days before it applies to you, so you can cancel or export your data first. On our website, any sales tax or VAT that applies is added to the price and shown at checkout before you pay.
If a renewal payment fails, the payment provider retries for a short time and your plan stays active while it does. When a paid plan ends, your business returns to Free: team members beyond the plan are suspended, nothing is deleted, and everything comes back when you subscribe again.
9. Payments You Take Through Asan
Taking card payments through Asan is optional. If you turn it on, card payments run through Stripe, on a Stripe account in your name. By connecting a Stripe account you agree to these Terms and to Stripe's Connected Account Agreement. Your customers can pay by card or Apple Pay, or in person with Tap to Pay on iPhone. Tap to Pay on iPhone needs an Apple account, and by turning it on you accept Apple's terms for it with that account. Apple or Stripe may change, suspend or end Tap to Pay on iPhone for your business at any time, and we may switch it off for your business when either of them asks us to.
The money goes directly to your Stripe account. Asan never holds your funds and never places a reserve on them.
Each card payment, including Tap to Pay on iPhone, carries Stripe's processing fee and an Asan platform fee. Our current platform fee is listed in the pricing section of our website and in the app under Settings > Getting Paid. Both fees are deducted from the payment before it reaches your Stripe balance. The platform fee comes out of your proceeds and is never charged to your customer. Stripe sets its own processing fee under its agreement with you, and it is shown on Stripe's pricing page. We will post a change to our platform fee on our website and in the app at least 30 days before it applies.
Payouts are subject to Stripe's review and Stripe's terms. Stripe may delay a payout or ask you for verification, and we cannot override that decision. Questions about a hold go to Stripe, through your Stripe Dashboard. We make no promise about when a payout arrives.
You refund a payment from the paid invoice in Asan, with its Refund button. Card money goes back to the card it came from, through Stripe. When you refund a payment, neither Stripe's processing fee nor our platform fee is returned. If a customer disputes a card payment with their bank, Stripe debits the disputed amount plus Stripe's dispute fee from your Stripe balance. If you win the dispute, the disputed amount is returned.
Amounts you owe us. If Stripe, a card network or anyone else charges us because of payments you took, for example for a negative balance on your Stripe account, a dispute or a fine, you owe us that amount. We will tell you what it is for. We may ask you to pay it, or charge it to the payment method for a plan you bought on our website.
Cash, checks and payment apps (Venmo, Zelle, Cash App, PayPal) are records you enter in Asan. No money passes through Asan or Stripe for them.
You are responsible for the accuracy of your quotes and invoices, and for your taxes. For every card payment you take, you must follow the card network rules and the law that apply where you do business, including when you add a card surcharge to your own customers' bills.
9a. Time, Overtime and Payroll Figures
Asan records the hours your team logs and shows figures from them, such as regular and overtime hours and an estimated gross pay. These figures are estimates for your information. Asan is not a payroll provider, does not pay wages, and does not give legal, tax or employment advice.
Asan applies the federal weekly overtime rule only. Your state or city may require more, such as daily overtime, meal breaks or a higher minimum wage.
You, as the employer, are responsible for classifying your workers, paying them correctly and on time, meeting every wage-and-hour and record-keeping law that applies to you, and checking the figures before you approve a period or send them to a payroll provider. Keep your own copy of time and pay records for as long as the law requires, for example by exporting them; deleting your account deletes them from Asan.
9b. Your Records, Reports and Taxes
Asan keeps a record of your invoices, payments, credits, refunds and card fees, and shows figures and reports from them, such as revenue, sales tax and payout reconciliation. These are records for your information. Asan is not an accountant, bookkeeper or tax preparer, and does not give accounting, tax or legal advice.
You decide how each payment is recorded, including a card payment that reaches your Stripe account without going through Asan, for example one you take in your Stripe Dashboard, through a payment link or through another app. Asan shows such payments to you so that you can record them; it does not decide what they were for. No Asan platform fee is taken on them.
You are responsible for your books and your taxes: for checking the figures, for the sales tax and income tax you owe, including on sales made outside Asan, and for what you file. Sales tax figures in Asan cover only tax on invoices made in Asan. An export to accounting software is a copy of your records; check it there. Keep your own copy of your records for as long as the law requires, for example by exporting them; deleting your account deletes them from Asan.
10. Availability and Changes
We are actively developing Asan, and features will be added, changed and occasionally removed. We may also need to interrupt the Service for maintenance. We will not make a change that removes your ability to get your data out.
10a. Early Features and Other Companies' Services
Some features may be marked as beta or early access. They are provided as they are, may not work as well as the rest of Asan, and may change or end at any time.
Asan works with services run by other companies, such as Stripe and Apple, and you may send your records to others, such as accounting or payroll software like QuickBooks. Each of those services is governed by its own terms between you and that company, and we are not responsible for them.
11. Intellectual Property
The Service itself, meaning its software, design and content, and the Asan name and logo, belongs to Asan. These Terms give you permission to use it, not ownership of it. Nothing here transfers any right in your own data to us beyond what section 4 describes.
12. Ending This Agreement
You can stop using Asan at any time, and delete your account from within the app.
We may suspend or close your account, or turn off card payments for your business, if you break these Terms or if we stop offering the Service. We will give you reasonable notice first. We may act straight away and without notice when we reasonably believe it is needed to prevent fraud or harm, to protect the Service or other users, to comply with the law, or because Stripe or Apple require it.
Either way, unless the law prevents it, you can still export your data.
13. No Warranty
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. We do not guarantee that it will always be available, uninterrupted, accurate, or error-free. Asan is a tool to help you run your business; it is not a substitute for your own judgement, and you remain responsible for your work, your scheduling, and your dealings with your customers.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ASAN IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, LOST BUSINESS OR LOST DATA, ARISING FROM YOUR USE OF THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICE IS LIMITED TO THE FEES YOU PAID FOR YOUR PLAN IN THE TWELVE MONTHS BEFORE THE CLAIM, OR ONE HUNDRED US DOLLARS, WHICHEVER IS GREATER. Fees on card payments, meaning Stripe's processing fee and our platform fee, do not count toward that amount. This limit also applies to any claim about the time, overtime or pay figures described in section 9a, or about the records, figures and reports described in section 9b. These limits do not apply to liability for our fraud, gross negligence or willful misconduct, or to liability the law does not allow to be limited; every other claim stays within them.
We are not responsible for a loss caused by someone getting into your account through no fault of ours, for example with sign-in details you shared or that were taken from your device.
15. Indemnity
You agree to defend and indemnify Belmaya LLC, and its owners, employees and contractors, against any claim brought by someone else, and any fine, loss or cost, including reasonable legal fees, that arises from your business or your use of the Service. That includes your work and your dealings with your customers and your team, the messages you send, the payments you take and how you record them, any dispute, chargeback or refund on those payments, any payment taken through your account that was not authorized, including a fraudulent one, any fine or assessment from a card network or from Stripe, your taxes, the information you put into Asan, and any breach of these Terms, of card network rules or of the law by you or by the people you invite. This does not apply to the extent a claim or loss is caused by our own negligence or willful misconduct. We will tell you about such a claim promptly and may take part in our own defense with our own lawyer.
16. Events Outside Our Control
We are not responsible for a delay or failure caused by something outside our reasonable control, such as an outage at Stripe, Apple, our hosting or messaging providers or your carrier, a failure of the internet or of power, an attack on our systems, a natural disaster, or an act of government.
17. Disputes and Arbitration
Talk to us first. If you have a dispute with us, email support@asan-planner.com and describe it. We will try to resolve it with you informally within 30 days, and neither of us will start a formal proceeding before then.
Arbitration. If we cannot resolve it, any dispute arising from these Terms or the Service will be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator. The arbitration takes place in Massachusetts or by video, and judgment on the award may be entered in any court with jurisdiction. Either of us may instead bring an individual claim in small claims court, and either of us may ask a court to stop the misuse of its intellectual property.
Many similar claims. If 25 or more similar claims are filed against us by or with the help of the same lawyers or coordinated lawyers, they are arbitrated in batches of up to 50 claims. Each batch is one arbitration, with one arbitrator and one set of fees, and a later batch starts only once the one before it is decided.
YOU AND WE EACH BRING CLAIMS ONLY ON OUR OWN BEHALF, NOT AS A PLAINTIFF OR MEMBER OF A CLASS OR REPRESENTATIVE ACTION, AND EACH OF US GIVES UP THE RIGHT TO HAVE A JURY DECIDE A CLAIM. If this sentence is found unenforceable for a claim, that claim goes to court, not to arbitration.
Opting out. You can opt out of arbitration by emailing support@asan-planner.com within 30 days of first agreeing to these Terms, with your name and the email address of your account. A claim arising from these Terms or the Service must be brought within one year of when it arose, where the law allows that limit.
18. Changes to These Terms
These Terms describe categories of use rather than a list of features, so ordinary changes to the app do not change them. For a material change to these Terms, including one needed because the Service changes in a way they do not already cover, we will post the new version here at least 30 days before it takes effect, showing the date it takes effect, and we will tell the owner of each business account about it, for example by email or in the app. A change needed for legal, regulatory, security or fraud-prevention reasons may take effect sooner, when we post it. Other changes, such as corrections and clearer wording, are posted here with an updated date. Continued use after a change takes effect means you accept it. Where the law requires it, we notify the app store before a significant change.
19. Governing Law and Courts
These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict-of-law rules. Any dispute that is not arbitrated under section 17 is heard only in the state or federal courts located in Massachusetts, and you and we agree to their jurisdiction.
20. General
- Whole agreement. These Terms and the Privacy Policy are the whole agreement between you and us about the Service.
- Severability. If a part of these Terms is found unenforceable, it is enforced as far as the law allows and the rest stays in effect.
- No waiver. If we do not enforce a part of these Terms at one time, we can still enforce it later.
- Transfer. You may not transfer these Terms or your account without our written consent. We may transfer them as part of a merger, an acquisition, or a sale of all or part of our business or its assets.
- What continues. If this agreement ends, the parts that by their nature should continue still apply, including sections 4, 9 (amounts you owe us), 9a, 9b, 11, 13, 14, 15, 17, 19 and 20.
- Our relationship. We are not your employer, joint employer or contractor, or that of anyone on your team. These Terms do not create a partnership, agency or employment relationship.
- Notices. We send notices to the email address on your account or in the app. You send notices to support@asan-planner.com.
- No third-party rights. These Terms are between you and us. Your customers, your team and anyone else have no rights under them.
21. Contact
For questions about these Terms, contact Belmaya LLC, doing business as Asan Planner:
- Email: support@asan-planner.com
- Website: asan-planner.com