Version Date: AUGUST 12, 2025
BY INDICATING ACCEPTANCE OF THIS COMMERCIAL AGREEMENT OR ACCESSING OR USING PLANFUL PREMIUM CONSOLIDATIONS EARLY ACCESS PROGRAM, CLIENT IS ACCEPTING ALL OF THE TERMS AND CONDITIONS OF THIS COMMERCIAL AGREEMENT. CLIENT AGREES THAT THIS COMMERCIAL AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN AGREEMENT SIGNED BY CLIENT.
Planful Premium Consolidations Early Access Program Agreement
1. Overview
This Planful Consolidations Premium Early Access Program Agreement (“Early Access Agreement”) is a legal agreement between Planful Inc. or the affiliated Planful Inc. entity (“Planful”) that provides services (“Application Services”) to “Client” pursuant to the Master Subscription Agreement (“Base Agreement”). The Base Agreement is the operative agreement between Planful and Client for the provisioning of the Application Services.
This Early Access Agreement applies to and governs Client’s participation in the Early Access Program (“Early Access Program”) for the Consolidations Professional package (“Consolidations Premium”), prior to its official general availability (“GA”) release. Client must agree to this Early Access Agreement in order to participate in the Early Access Program or use Consolidations Premium. This Early Access Agreement is effective as of the earlier of the date of acceptance of this Early Access Agreement or the date Client enables or uses Consolidations Premium (“Effective Date”).
2. Eligibility and Participation
- Eligibility and Participation: By using Consolidations Premium, Client agrees to comply with all requirements in this Early Access Agreement. Client also agrees to use Consolidations Premium in compliance with Client’s Base Agreement with Planful, Planful’s Privacy Policy, and Planful’s Acceptable Use Policy (“Base Agreement and Policies”). The Base Agreement and Policies are hereby incorporated by reference and control for any provisions not addressed in this Early Access Agreement. The Base Agreement and Policies shall continue to apply to Client’s use of Application Services and Consolidations Premium. If Client’s Base Agreement is terminated or expires, this Early Access Agreement and Client’s use of Consolidations Premium will be terminated.
3. Commitments from Client
- Feedback: Client agrees to provide Planful with structured suggestions, comments, or other feedback on Consolidations Premium, including but not limited to ease of use, functionality, modifications, enhancements, performance, and any issues encountered (“Feedback”). Client assigns to Planful all right, title and interest in the Feedback. Consolidations Premium and all Feedback provided by Client are Planful’s Confidential Information, and Planful may use Feedback provided by Client in advertising and promotional materials.
- Publicity and Testimonials: In exchange for the discounted access period, Client agrees to participate in case studies, provide testimonials, and allow Planful to reference Client as a participant in the Early Access Program for marketing and promotional purposes.
4. Terms of Use
- Product Status: Access to Consolidations Premium through the Early Access Program is intended for evaluation purposes, is not generally available, and may contain bugs and errors. Client also acknowledges that the product may still undergo modifications, feature updates, and improvements during this period. Client understands Consolidations Premium is provided on an “as is” and “as available” basis.
- Disclaimer of Warranties: CLIENT HEREBY ACKNOWLEDGES AND AGREES THAT CONSOLIDATIONS PREMIUM IS PROVIDED BY PLANFUL ON AN “AS IS” BASIS AND AS AVAILABLE, AND CLIENT’S ACCESS TO, PARTICIPATION AND/OR USE OF THE PLANFUL EARLY ACCESS PROGRAM OR CONSOLIDATIONS PREMIUM, IS AT CLIENT’S SOLE RISK. PLANFUL MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE PERFORMANCE, SPEED, FUNCTIONALITY, SUPPORT, AND AVAILABILITY OF CONSOLIDATIONS PREMIUM. TO THE MAXIMUM EXTENT ALLOWED BY LAW, PLANFUL DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. PLANFUL SHALL HAVE NO LIABILITY OR OBLIGATION FOR ANY HARM OR DAMAGE ARISING FROM DEFICIENCIES THEREWITH.
- Limitation of Liability: IN NO EVENT SHALL PLANFUL OR ITS AFFILIATES BE LIABLE FOR INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR RELATED TO THIS t AND WHETHER DIRECT OR EARLY ACCESS AGREEMENT INDIRECT: (i) INCLUDING LOSS OF CLIENT DATA; (ii) LOSS OF REVENUE OR PROFITS; OR (iii) LOSS OF USE; HOWEVER CAUSED AND WHETHER OR NOT FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), VIOLATION OF STATUTE, OR OTHERWISE, AND WHETHER OR NOT PLANFUL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PLANFUL SHALL HAVE NO INDEMNIFICATION OBLIGATIONS NOR LIABILITY OF ANY TYPE WITH RESPECT TO CONSOLIDATIONS PREMIUM UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE PLANFUL’S LIABILITY WITH RESPECT TO CONSOLIDATIONS PREMIUM SHALL NOT EXCEED $500.00.
- Support: Planful will provide support services during the Early Access Program. These support services include assistance with configuration, troubleshooting, and any inquiries that arise during the use of Consolidations Premium. Dedicated support channels will be available to ensure smooth usage throughout the Program.
5. Termination
- Termination by Planful: This Early Access Agreement commences on the Effective Date, and will remain in effect until the Program End Date thereafter (“Term”). Notwithstanding the foregoing, Planful reserves the right to modify or terminate Consolidations Premium or the Early Access Program, or Client’s use of Consolidations Premium, to limit or deny access to Consolidations Premium and/or participation in the Early Access Program, at any time, in Planful’s sole discretion, for any reason, with or without notice and without liability to Client. Planful may never make Consolidations Premium generally available as part of, or an add-on to, the Application Services, and Client agrees that its decision to purchase the Application Services was not and is not contingent on the delivery of Consolidations Premium. This Early Access Agreement may terminate prior to the Term if (i) Client is no longer a customer of Planful; or (ii) Client breaches its obligations under this Early Access Agreement, including a breach of confidentiality obligations. Any breaches of Client’s obligations under the Early Access Agreement may result in immediate termination from use of Consolidations Premium.
6. Confidentiality
- Confidentiality: Client acknowledges and agrees that Consolidations Premium and the Early Access Program constitute Confidential Information as defined in the Base Agreement. Client shall keep strictly confidential (i) Consolidations Premium, (ii) the Early Access Program, and (iii) all information communicated to Client in relation to the Early Access Program or Consolidations Premium, including Client’s participation in the Early Access Program. Client may only disclose the Early Access Program and Planful’s Consolidations Premium to its Authorized Users as defined in the Base Agreement.
7. Intellectual Property
- Intellectual Property. Planful retains all intellectual Property and other rights in Consolidations Premium and components thereof. Client shall not (i) create derivative works based on Consolidations Premium; or (ii) modify, reverse engineer, translate, disassemble, or decompile Consolidations Premium, or cause or permit others to do so.
8. Acceptance of Terms
- This Early Access Agreement may be executed in counterparts, each of which is deemed an original, but all of which together are deemed to be one and the same agreement. A signed copy of this Early Access Agreement delivered by facsimile, e-mail or other means of electronic transmission is deemed to have the same legal effect as delivery of an original signed copy of this Early Access Agreement. The parties have caused this Early Access Agreement to be executed by their respective authorized representatives, as of the date indicated below the representative’s signature.