Terms of Service or Terms of Use
The following terms (the “Terms of Use,” or “Terms of Service,” or the “Agreement”) constitute an agreement between you and Plana. (“Plana,” “we,” or “us,”), the operator of plana.org, related websites, and a mobile application, and all associated services (collectively, the “Services”) provided by Plana and in which these Terms of Use are posted or referenced. Some services might require that you agree to additional terms that are specific to those Services, which terms will be presented to you prior to your use of those Services.
Not all updates to the Services will have separate Terms you must accept separately; rather, we are continuously trying to improve our Service, so these Terms of Service may change along with our Services. We reserve the right to change the Terms of Use at any time, and if we do make changes, we will place a notice on our website, send you an email, and/or make reasonable attempts to notify you by some other means.
For Services requiring no special terms outside this Agreement, i.e., whenever we deem updates to these Terms of Use as sufficient, if you do not accept the updated Terms of Use, you have the right to decline them; however, doing so means you will no longer have access to the Services. Your continued use of the Services after the revised Terms take effect will constitute your acceptance of all changes.
We may periodically introduce new features, replace existing Services with alternatives, or suspend or discontinue any part of the Services. We are not responsible for any disruptions or discontinuations, and any new features or services will be subject to the terms outlined in this Agreement.
This Agreement is a legally binding contract between you and us, governing your access to and use of our Services. By using or accessing our Services, you acknowledge that you have read, understood, and have agreed to be bound by this Agreement. If you do not accept these terms, you are not enabled to use the Services. In this Agreement, “you” refers to an individual or entity that visits, accesses, or interacts with our Services, regardless of whether they have registered for an account.
Certain provisions of this Agreement are intended to remain in effect even after termination. For example, indemnification obligations, limitations on liability, and terms related to ownership or intellectual property rights (including any licenses or rights granted under this Agreement) will continue to apply.
Plana’s collection and use of Personal Data in connection to the Services is described in Plana’s Privacy Policy (“Personal Data” is defined in the Privacy Policy).
If you create a Plana Account or use the Services on behalf of an individual other than yourself, you represent that you are authorised by such individual to accept this Agreement on the individual’s behalf, binding them to this Agreement (in which case, the references to “you” and “your” in this Agreement except for in this sentence, refer to such individual).
Services
Plana grants you a limited, non-exclusive, revocable, non-transferable, and non-sublicensable license to access and use the Services in compliance with these Terms. Some features of the Services may be available without an account; however, full access to all functionalities requires creating an account (“Plana Account”) and providing certain personal information. By submitting your information, you consent to its use and disclosure as outlined in our Privacy Policy.
While utilizing the Services, you may come across certain Content that Plana has made available to you. “Content” means content, text, photographs, graphics, video, audio, information, suggestions, articles, scheduling availability, guidance, and other materials made available or provided through the Services, without limitation. One example would be content provided in direct response to your questions or postings. You acknowledge that while certain content may be provided by healthcare professionals, it does not establish a doctor-patient or provider-patient relationship. This content is not intended to serve as medical advice, diagnosis, treatment, or professional opinion. Instead, it is offered solely for informational purposes, and to encourage you to make your own independent selection of a doctor, or other healthcare provider, professional, organization, or affiliated entity (collectively, “Healthcare Providers”).
WHILE WE STRIVE TO PROVIDE ACCURATE AND UP-TO-DATE CONTENT, WE DO NOT GUARANTEE, REPRESENT, OR WARRANT, WHETHER EXPRESS OR IMPLIED, THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH OUR SERVICES. THIS INCLUDES, BUT IS NOT LIMITED TO, INFORMATION REGARDING PROFESSIONAL QUALIFICATIONS, EXPERTISE, SERVICE QUALITY, PRICING, COSTS, OR INSURANCE COVERAGE. WE ARE NOT RESPONSIBLE FOR ANY DECISIONS OR ACTIONS YOU TAKE BASED ON THIS CONTENT, AND WE REFUSE ANY LIABILITY FOR ANY CONSEQUENCES ARISING FROM SUCH RELIANCE. ADDITIONALLY, WE DO NOT ENDORSE, REFER TO, OR RECOMMEND ANY INDIVIDUAL, ORGANIZATION, OR ENTITY LISTED IN OR ACCESSIBLE THROUGH OUR SERVICES.
Plana Does Not Provide Medical Advice
Plana is not a healthcare provider. The Content that you obtain is for informational, scheduling, and payment purposes. All medically related information, including but not limited to information shared via the Plana Blog, Plana social channels, Plana emails and text messages, and Plana advertising, is for information and communicative purposes only.
WHILE PLANA HOPES THE CONTENT IS USEFUL, IT IS NOT INTENDED AS A SUBSTITUTE FOR, AND DOES NOT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT USE THE SERVICES FOR EMERGENCY MEDICAL NEEDS. YOUR USE OF PLANA’S SERVICES IS SOLELY AT YOUR OWN RISK AND DISCRETION. NOTHING STATED, POSTED, OR AVAILABLE THROUGH ANY OF THE SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN AS, THE PRACTICE OF MEDICINE, NURSING, PHARMACY, OR HEALTHCARE ADVICE AND/OR MEDICAL CARE.
Plana does not operate as a referral service and does not endorse, recommend, or promote any specific healthcare provider, test, procedure, opinion, or other information that is available through its services. Reliance on the content provided is solely at your own discretion and risk. We recommend you verify any relevant information independently, including by consulting the healthcare provider’s office, appropriate medical associations, state medical boards, and relevant licensing or certification authorities to confirm credentials and educational background.
The services and content are informational
The Services constitute an informational and educational resource for both consumers and healthcare providers. While we may choose to publish content reviewed by our editorial team, we are not obligated to do so. No party, including Plana, involved in creating or distributing this content guarantees its accuracy, completeness, or timeliness. We are not responsible for any errors, omissions, or outcomes resulting from reliance on or use of this content.
Healthcare Provider Content
Information regarding healthcare providers and their practices (“Healthcare Provider Content”) is provided for general reference only. The Content might come from healthcare providers themselves, their office staff, or various other sources and may not always be verified by the provider. While we strive to ensure the accuracy and timeliness of Healthcare Provider Content, it is subject to change and may become outdated, incomplete, or inaccurate. Plana does not endorse, certify, or provide assurances regarding the qualifications of any specific healthcare provider.
AI content
Through the Services, we may make available some features or content powered by artificial intelligence (“AI”), and AI-related features, (“AI Features”).
We make no guarantees or warranties regarding the AI Features, which are provided "AS IS" and should be used at your own discretion and risk. It is your responsibility to determine whether the AI Features meet your needs, and you assume full responsibility for any reliance on their accuracy, completeness, or usefulness. You should not make decisions or refrain from making decisions based on any information obtained through the Services, including the AI Features. We do not monitor interactions with the AI Features, and you should independently assess the reliability of any information they provide based on your specific use case.
In some instances, the AI Features may generate information that is incomplete, inaccurate, or offensive, and such content does not reflect our views. Any references to third-party products or services do not imply endorsement or affiliation.
We disclaim all liability related to the AI Features and any information they generate, including, but not limited to, intellectual property infringement, errors, omissions, or any resulting loss or damage arising from their use. You agree to indemnify, hold harmless, and defend Plana against any claims brought related to your use of the AI Features and the outputs of such.
User responsibilities
1.1 Your Credentials
You must provide an email address and create a password (collectively, “Credentials”) when you create a Plana Account. You should keep your Credentials private and not share them with anyone else. If you believe that your password has been stolen or compromised, you need to notify us immediately by submitting a message to info@plana.org.
You agree to provide accurate, complete, and up-to-date registration information about yourself.
You may have the option to connect to the Services through a third-party platform, such as Meta Platforms, Inc., Google LLC ("Google"), or Apple Inc. ("Apple"). By doing so, you authorize us to access and use information from that third-party service as permitted by its policies and to store your login credentials. You retain control over the amount of information shared with us and can manage this through your privacy settings on the respective third-party service.
We do not control and are not responsible for the content, services, accuracy, privacy policies, practices, or opinions of any third-party platform.
1.2 Your Responsibilities
You are responsible for ensuring that all your information is accurate and up-to-date. You are responsible for all use of the Services and for the use of your Credentials.
You are permitted to use the Services only for lawful and non-commercial purposes. If applicable laws prohibit your use of the Services, you are not authorized to access them. You must not use the Services in any way that could harm, disable, overload, or disrupt our servers or networks, or could interfere with others’ ability to use and enjoy the Services.
Unauthorized access or an attempt to exceed your permitted access to any part of the Services, user accounts, computer systems, or networks—by any means—is strictly prohibited and may result in our termination of your access to the Services. Additionally, you may not collect, store, or index any portion of the Services or its Content (including but not limited to Healthcare Provider Content, appointment availability, pricing details, or Insurance Content) for any purpose.
In addition to our rights in these Terms of Service, we may take any legal action and implement technological measures to prevent violations of restrictions and to enforce the Terms of Service.
1.3 Disputes Between Users
If a dispute arises between users of this site or Services or between users and any third party (including but not limited to healthcare providers), Plana is not obligated to intervene. By using the Services, you agree to release Plana, along with its directors, officers, employees, agents, and successors, from any claims, demands, or damages of any kind—whether known or unknown, suspected or unexpected, disclosed, or undisclosed—that result from or relate to such disputes and/or your use of the Services.
Third-Party Links and Services
You may encounter links to other websites while using the Services. These links are provided for your convenience only. We do not endorse these sites nor the services or the products they provide. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these websites.
We strive to provide links to reputable websites; however, we cannot guarantee that the content on these sites will always be accurate, lawful, or free from objectionable material. We are not responsible for the legality or appropriateness of any content found on or accessed through external websites. By using our Services, you agree to release us from any liability arising from your interactions with third-party websites or services. Any transactions, agreements, or engagements you enter into with organizations or individuals found through our Services—including payments, product deliveries, or contractual terms—are strictly between you and the respective parties. It is your responsibility to conduct any necessary due diligence before proceeding with such transactions. We disclaim any liability for losses or damages that may result from these interactions.
Third-party software
We may utilize third-party software as part of certain Services, including open-source third-party software. Your use of such third-party software is subject to any and all applicable additions terms and conditions that govern the use provided by the third party software providers. When applicable, notices relating to the use of third-party software may be provided by us.
Application Stores
You acknowledge that the availability of our mobile application depends on the third-party platform from which you download it, such as the Apple App Store, Google Play, or any other distribution service (each referred to as an “Application Provider”). Each Application Provider may have its own terms and conditions that you must accept before downloading our application. Your use of our application is subject to your compliance with those terms, and your license to use our application is contingent upon adherence to them. In the event of any inconsistency between the terms of an Application Provider and these Terms of Use, the more restrictive terms will govern.
If you access our Services through a mobile application (“Application”) provided by an Application Provider, you acknowledge and agree that: (i) these Terms of Use are solely between you and us, not the Application Provider, and we are responsible for the Application; (ii) the Application is licensed to you on a limited, non-exclusive, non-transferable, and non-sublicensable basis, strictly for use in connection with the Services and subject to these Terms of Use; (iii) if Apple is the Application Provider, you may only use the Application on an Apple device that you own or control. If you access the Services through a mobile application (“Application”) provided by an Application Provider, you and we acknowledge and agree that: (iv) the Application Provider is not responsible for providing maintenance, support, or handling warranty claims related to the Application; (v) if the Application fails to meet any applicable warranty, including those implied by law, you may notify the Application Provider, whose sole obligation will be to issue a refund of the purchase price, if any; (vi) we, not the Application Provider, are responsible for addressing any claims you or a third party may have concerning the Application; (vii) you agree to comply with any applicable third-party terms of agreement that may impact or be impacted by your use of the Application; (viii) the Application Provider and its affiliates are third-party beneficiaries of these Terms of Use concerning your use of the Application, and upon your acceptance of these Terms, the Application Provider has the right to enforce them against you as a third-party beneficiary; (ix) if any third party claims that the Application or your use of it infringes their intellectual property rights, we—not the Application Provider—are responsible for investigating, defending, settling, and resolving such claims.
Reviews and other content you post or submit
You may have the opportunity to submit feedback regarding your experiences with providers you interact with through the Services, to submit inquiries concerning possible medical needs, and to participate in other interactive or community features of the Services (“Posted Information”). It is important that you act responsibly when providing Posted Information. Reviews need to comply with our posted guidelines and internal policies, which we may develop and implement from time to time. Please note that Plana may moderate Posted Information for compliance with the requirements in this paragraph. Plana does not endorse or confirm the accuracy of any statements made in such Posted Information. Posted Information reflects the views and opinions of the author, not Plana.
To the extent that the following permissions/licenses entail the use of your personally identifiable information, such information is subject to our Privacy Policy.
By submitting Posted Information through the Services, you confirm that you have the legal right to do so and grant us, along with our affiliates, agents, and contractors, an irrevocable, perpetual, worldwide, royalty-free, fully paid-up, and sublicensable license to use, reproduce, publicly perform, display, distribute, modify, adapt, edit, translate, create derivative works from, and otherwise utilize your Posted Information. You also guarantee that granting this license does not infringe upon any third-party rights, including but not limited to privacy, publicity, copyright, trademark, contract, or other intellectual property or proprietary rights. Additionally, you agree not to submit any false, misleading, or fraudulent information that misrepresents your experiences or opinions.
You acknowledge that, to facilitate the provision of Services, we may need to modify or reformat your Posted Information to meet the technical requirements of various networks, devices, services, or media. By granting this license, you authorize us to make such adjustments as necessary.
Posted Information is the responsibility of the person from whom the Posted Information came and does not reflect the opinion of Plana. Plana does not assume liability for posted information resulting from any Posted Information.
We appreciate and encourage you to share your feedback, comments, and suggestions to help improve our Services (“Feedback”). You can provide Feedback by emailing us, engaging with us on social media, or using other communication channels. Any Feedback you submit will be treated as non-confidential and non-proprietary. By providing Feedback, you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and sublicensable license to use, publish, and incorporate it into our Services for any purpose, without any obligation to compensate you.
Your Use of Content
All Content available through the Services is owned by us or our licensors and is protected by copyright, trademark, patent, trade secret laws, and other applicable intellectual property rights, as well as international treaties. You acknowledge that the Services, including any underlying technology or software, contain proprietary information belonging to us. We grant you a limited, non-transferable right to use the Content solely for personal, non-commercial purposes. This permission does not convey any ownership or intellectual property rights to you.
You may print, download, or store information from the Services for your personal use, but you may not copy, distribute, republish (except where explicitly allowed), sell, or otherwise exploit any part of the Content or Services for commercial purposes. Unless expressly stated otherwise, we and our licensors retain all rights, and no additional rights are granted to you by implication or otherwise.
Disclaimer
While Plana works hard to make sure users have an exceptional experience with our Services, you acknowledge that we have no control over, and no duty to take action regarding: (a) which users gain access to the Services, (b) what affect the Content may have on you or on others, (c) what content you or others access while using Plana’s Services, (d) how you or others may interpret or use content, or (e) the actions you or others choose to take as a result of exposure to the content. You release us from liability for your own use or inability to use, or anyone else’s use or inability to use, any Content. Neither we nor our licensors, suppliers, partners, parent company, subsidiaries, affiliates, or any of their respective officers, directors, members, employees, consultants, contract workers, representatives, or agents—collectively referred to as the “Plana Parties”—make any warranties or representations regarding recommendations or suggestions for products or services offered or purchased through the Services. The Plana Parties are not responsible for the accuracy, legality, copyright compliance, or appropriateness of any material contained within or accessed through the Services. Furthermore, we do not have a special relationship with you, nor do we owe you a fiduciary duty.
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES. TO THE FULLEST EXTENT PERMITTED BY LAW, WE, ALONG WITH OUR LICENSORS AND SUPPLIERS, DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO STATUTORY WARRANTIES, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.
WE DO NOT GUARANTEE THAT THE SERVICES WILL MEET YOUR EXPECTATIONS, PRODUCE RELIABLE OR ACCURATE RESULTS, OR BE AVAILABLE AT ALL TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, TIMELINESS, OR COMPLETENESS OF INFORMATION PROVIDED BY USERS OR ANY OTHER DATA TRANSMITTED THROUGH THE SERVICES.
EXCEPT AS EXPRESSLY STATED, WE MAKE NO WARRANTIES REGARDING THE FUNCTIONALITY, SECURITY, OR PERFORMANCE OF THE SERVICES, INCLUDING THE TRANSMISSION OF SENSITIVE INFORMATION. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM DEFECTS, NOR DO WE GUARANTEE PROTECTION AGAINST DATA LOSS, COMPUTER VIRUSES, OR OTHER HARMFUL COMPONENTS.
General Limitation of Liability
Your Sole Remedy for any dispute with Plana is the cancellation of your Plana account.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NONE OF THE Plana PARTIES SHALL BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE SERVICES, REGARDLESS OF THE LEGAL THEORY INVOKED, INCLUDING BUT NOT LIMITED TO TORT, CONTRACT, OR STRICT LIABILITY.
THIS INCLUDES, BUT IS NOT LIMITED TO, CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, WORK STOPPAGE, INACCURACY OF RESULTS, COMPUTER FAILURES OR MALFUNCTIONS, OTHER COMMERCIAL DAMAGES OR LOSSES, SUBSTITUTE GOODS, SERVICES, OR TECHNOLOGY, OR CLAIMS RELATED TO MEDICAL MALPRACTICE OR NEGLIGENCE BY HEALTHCARE PROVIDERS ACCESSED THROUGH THE SERVICES. THESE LIMITATIONS APPLY EVEN IF WE WERE AWARE OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN JURISDICTIONS WHERE LIMITATIONS ON LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES ARE RESTRICTED, OUR LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
YOU EXPRESSLY WAIVE ANY RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 1542 OR SIMILAR LAWS IN OTHER JURISDICTIONS, WHICH STATE IN EFFECT THAT A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS UNKNOWN AT THE TIME OF RELEASE THAT, IF KNOWN, WOULD HAVE MATERIALLY IMPACTED THE SETTLEMENT.
Termination of Services
We reserve the right to terminate, deactivate, or suspend your Plana account with or without notice if there has been a violation of this Agreement or other policies and terms posted through the Services by you or by someone using your Credentials. We may also suspend, terminate, or deactivate your Plana account for any other reason, including inactivity for an extended period. Plana will not be liable to you or any third party for the termination, deactivation, or suspension of your access to the Services. Additionally, you agree not to attempt to use the Services after any such deactivation, suspension, or termination (except where deactivation is due to inactivity).
Plana reserves the right to investigate and take appropriate legal action against anyone who violates these Terms of Use, including, removing any offending communication from the Services, termination of the Plana account, and/or blocking the use of the Services.
Indemnification
Upon a request by us, you agree to indemnify, defend, and hold harmless the Plana Parties from liabilities, claims, damages (actual and consequential), expenses, and demands. This includes reasonable attorney’s fees that arise from or are related to your (a) use of the Services or (b) violation of this agreement, (c) a violation of any intellectual property or other right of any person or entity or (d) actions taken by anyone using your Credentials. The indemnification does not apply to liabilities, expenses, or claims that arise as a result of our own gross negligence or misconduct.
Governing Law and Dispute Resolution
All disputes arising under this Agreement shall be governed by the laws of the State of Nevada. Any legal action related to this Agreement will be brought exclusively in state or federal courts located in Las Vegas, Nevada, and both parties expressly waive any right to a jury trial.
Our failure to enforce any provision of this Agreement shall not be considered a waiver of that provision or any other. If a court or tribunal finds any part of this Agreement invalid, illegal, or unenforceable, such part shall be modified or removed as necessary while preserving the remaining terms.
Upon termination, any provisions that should reasonably survive, including ownership rights, warranty disclaimers, and liability limitations, will remain in effect. Any disputes will be handled on an individual basis, with no class actions, unless both parties provide prior written consent.
Arbitration of Future Disputes
(a) Scope, governing rules. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be determined by final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and Mediation Procedures (“Commercial Rules”).
(b) Authority of tribunal, judicial review. The award rendered by the arbitrator[s] shall be final, non-reviewable, and non-appealable, and binding on the parties and may be entered and enforced in any court having jurisdiction, and any court where a party or its assets is located (to whose jurisdiction the parties consent for the purposes of enforcing the award).
(c) Selection of tribunal. There shall be three arbitrators. The parties agree that one arbitrator shall be appointed by each party within twenty (20) days of receipt by respondent[s] of the Request for Arbitration or in default thereof appointed by the AAA in accordance with its Commercial Rules, and the third presiding arbitrator shall be appointed by agreement of the two party-appointed arbitrators within fourteen (14) days of the appointment of the second arbitrator or, in default of such agreement, by the AAA.
(d) Consolidation, joinder. If more than one arbitration is commenced under this Agreement and any party contends that two or more arbitrations are substantially related and that the issues should be heard in one proceeding, the arbitrator[s] selected in the first-filed proceeding shall determine whether, in the interests of justice and efficiency, the proceedings should be consolidated before those arbitrators. Related parties are bound by this arbitration clause, provided that they have signed this Agreement or other related agreements. Each related party may be joined as an additional party to an arbitration involving other parties under this Agreement or other related agreements.
(e) Seat of arbitration, languages. The seat or place of arbitration shall be Las Vegas, Nevada. The arbitration shall be conducted and the award shall be rendered in the English language.
(f) Confidentiality. Except as may be required by law, neither a party nor the arbitrators may disclose the existence, content or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right.
(g) Remedies. The arbitrators will have no authority to award punitive damages, consequential damages, or liquidated damages at all, nor will the arbitrators have authority to award compensatory damages exceeding $10,000.
Miscellaneous
Use of this Agreement in Legal Proceedings
A printed copy of this Agreement is admissible in legal proceedings.
Electronic Contracting
Your affirmative act for using the Services and creating a Plana Account will constitute your electronic signature to this Agreement, which includes our Privacy Policy.
Limitation of claims
No action arising under or in connection with this Agreement, regardless of form, can be brought to you more than one (1) year after the cause of action arose. Actions brought after 1 year are barred.
Eligibility
You must be 18 years or above to create a Plana account or use the Services. Those under the age of 13 may not use the Services. If you are between 13 and 18 years of age, you can use the services but only under the supervision of a parent or guardian who, by the act of participating or allowing your participation, has agreed that these Terms of Use are applicable to such parent/guardian and to you.