Planther Terms of Service

Last updated: 10 September 2026

These Terms of Service ("Terms") govern your access to and use of the Planther platform, websites, applications, and related services (together, the "Service") provided by Planther Ltd, a company registered in England and Wales (company number 17249378) with its registered office at 1 Stocks Bridge Way, St. Ives, Cambridgeshire, England, PE27 5JL ("Planther", "we", "us", or "our").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, you must not access or use the Service.

1. About Planther and these Terms

1.1. Planther is a professional software tool that combines planning data with artificial intelligence ("AI") to help planning professionals research policy and constraints, assess sites, and draft documents.

1.2. The Service is intended for use by businesses and professionals only. It is not a consumer product and is not intended for personal, domestic, or household use.

1.3. These Terms form a legally binding agreement between you and Planther. Please read them carefully. They contain important provisions about the limitations of the Service, the accuracy of data and AI outputs, and our liability to you.

1.4. We may make these Terms available in other formats, but the version published at planther.co.uk is the operative version.

2. Definitions

In these Terms:

"Account" means the account through which you access the Service.
"Customer Content" means any data, documents, text, instructions, or other materials that you or your Users upload to, input into, or generate using the Service, and any material the Service reads from a third-party system you connect to it under clause 9.5.
"Organisation" means a business, firm, or other entity that holds an Account or under whose Account you access the Service.
"Output" means any content, report, document, analysis, citation, or other material produced by the Service in response to Customer Content or other inputs, including material produced by AI.
"Source Material" means the third-party data, documents, registers, datasets, imagery, and other material that the Service indexes, links to, surfaces, or draws on, including material published by government bodies, local planning authorities, and commercial data providers.
"User" means any individual who accesses the Service, whether on their own behalf or on behalf of an Organisation.
"You" means the User and, where the User accesses the Service on behalf of an Organisation, that Organisation. Where there is an Organisation, the obligations to pay under section 4 fall on the Organisation alone, and not on its individual Users.

3. Eligibility and accounts

3.1. Business use only. By using the Service, you confirm that you are accessing and using it in the course of a business, trade, profession, or vocation, and not as a consumer. You acknowledge that consumer protection rights that would otherwise apply to consumers do not apply to your use of the Service.

3.2. Minimum age. You must be at least 18 years old to use the Service.

3.3. Authority. If you use the Service on behalf of an Organisation, you confirm that you have authority to bind that Organisation to these Terms, and references to "you" include that Organisation.

3.4. Account credentials. Access to the Service is provided through Accounts and access credentials issued by us or by your Organisation. You are responsible for keeping your credentials confidential and for all activity that takes place under your Account. You must notify us promptly at support@planther.co.uk if you believe your credentials have been lost, stolen, or compromised, or that your Account has been accessed without authorisation.

3.5. Named user, single seat. Each seat or licence is personal to a single named individual User. You must not share your Account or credentials with, or allow your Account to be used by, any other person, and you must not use a single seat to provide access to multiple individuals. Each individual who uses the Service requires their own seat. We may monitor use of the Service to check that this clause is being complied with, including patterns of access and the IP addresses from which an Account is used.

3.6. Responsibility for all use under your Account. You are responsible and liable for all use of, and all activity, requests, and consumption that take place through, your Account, whether or not authorised by you and whether arising from your own act or omission, user error, or your sharing or loss of credentials. This includes all use of the artificial intelligence and processing features of the Service. Where such use falls outside the permitted scope of these Terms (including sections 6 and 7), you remain liable for it, and we may recover from you the reasonable costs we incur as a result. We are not liable to you for any consequence of use under your Account that you did not intend or authorise, including any resulting charges, costs, or consumption.

3.7. Accurate information. You must provide accurate and complete information when registering for and using the Service, and keep it up to date.

3.8. Organisation accounts. Where you access the Service under an Organisation's Account, the Organisation controls that Account, including its seats, who has access, and how it is administered. Features that let you share a project with colleagues in your Organisation will make the shared material visible to those colleagues. Where you leave the Organisation, the Organisation may retain or reassign the Customer Content held in its Account.

4. Fees, payment and usage charges

4.1. Our standard commercial model. Unless we agree otherwise in writing, the following applies: an annual fee for each seat, and the cost of your use of the artificial intelligence features of the Service charged on top of it.

4.2. Term, renewal and changes to fees. Seat fees are charged for a minimum term of twelve (12) months, beginning on the date your access starts. That term renews automatically for further periods of twelve (12) months unless either of us gives written notice not to renew at least thirty (30) days before the end of the current term. We may change our fees for any renewal term by giving you written notice at least thirty (30) days before the renewal date. If you do not accept the new fees, you may give notice not to renew.

4.3. How artificial intelligence usage is measured and charged. Artificial intelligence usage is measured and charged monthly in arrears. It is calculated from the processing consumed by requests made under your Account, measured in the units in which our model providers meter that processing (tokens), and priced at the rates charged to us by the relevant provider for the model used. Our records of usage are the basis for those charges. We will make a summary of your Organisation's usage available to you.

4.4. Invoicing and payment. Seat fees are invoiced annually in advance. Artificial intelligence usage charges are invoiced monthly in arrears. Invoices are payable within thirty (30) days of the invoice date. All amounts are exclusive of VAT, which is added at the prevailing rate where it applies. We may charge interest on any overdue amount at the rate set by the Late Payment of Commercial Debts (Interest) Act 1998, and may suspend the Service under section 19 while any amount remains unpaid.

4.5. Consumption controls and high usage. We may set consumption limits and caps on an Account or Organisation, including a maximum number of requests to the artificial intelligence features in a day, and may pause those features on an Account or Organisation that reaches one. We may also make usage alerts available. These limits exist in part to protect you from unexpectedly large charges, but they are not a guarantee that your charges will stay within any particular level, and you remain responsible for use of your Account under clause 3.6. Where usage is unusually high, we may restrict or suspend the affected features and require payment of the charges already accrued before we restore them.

4.6. Trial and evaluation access. We may give you access to the Service, or to particular features, for trial or evaluation purposes. Unless we agree otherwise in writing, trial access is free of charge, is for the period and on the terms we notify to you, and may be limited in features, capacity, or usage. We may change, suspend, or withdraw trial access at any time, and it ends automatically at the end of any period we have notified to you. Trial access carries no service level commitment, and clauses 4.1 to 4.4 do not apply to it.

5. Relationship with separate agreements

5.1. Where your Organisation has entered into a separate written agreement with Planther governing access to or use of the Service (a "Separate Agreement"), that Separate Agreement governs the commercial terms of your use, including fees, term, payment, and any bespoke service levels or commitments, in place of clauses 4.1 to 4.4. Clauses 4.5 and 4.6 continue to apply.

5.2. In the event of any conflict between these Terms and a Separate Agreement, the Separate Agreement prevails to the extent of the conflict. In all other respects these Terms continue to apply.

6. Acceptable use

6.1. You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not:

(a) use the Service in any way that breaches any applicable law or regulation;

(b) reverse engineer, decompile, disassemble, or attempt to derive the source code, models, prompts, or underlying structure of the Service, except to the extent this restriction is prohibited by applicable law;

(c) attempt to discover, extract, reproduce, or disclose our system prompts, tool definitions, model configurations, or the instructions we give to our AI models, including by prompting the Service to reveal them;

(d) access, copy, extract, scrape, harvest, or download the Service, its software, or its user interface, or any part of them, by automated means not supported by the Service's intended functionality, or through any interface other than the ones we provide. Using an interface we provide for the purpose, including our Model Context Protocol server and any integration authorised under clause 17.4, is permitted;

(e) circumvent, disable, or interfere with any access control, authentication, security feature, rate limit, or usage limit;

(f) introduce any virus, malware, or other harmful code, or attempt to gain unauthorised access to the Service or its related systems or networks;

(g) interfere with, disrupt, or place an unreasonable or disproportionate load on the Service or its infrastructure, including through automated or high-volume access not supported by the Service's intended functionality;

(h) share, transfer, or make your seat, Account, or credentials available to any other person, or use a single seat to provide access to more than one individual;

(i) generate excessive, abusive, or disproportionate usage or consumption of the Service (including its artificial intelligence and processing features) that is inconsistent with normal professional use, whether through automation, scripting, bulk requests, or otherwise. Normal professional use through an interface we provide, including our Model Context Protocol server, is not caught by this paragraph;

(j) remove, obscure, or alter any proprietary notices on the Service, on any Source Material, or on any Output; or

(k) use the Service in any way that is fraudulent, deceptive, defamatory, or otherwise objectionable.

6.2. We may investigate any suspected breach of this section and cooperate with law enforcement authorities where appropriate.

7. Permitted use of the Service, data and Outputs

7.1. What you may do with Outputs. You may use Outputs in the professional work you carry out for your own clients, including in advice, appraisals, planning statements, applications, representations, and appeals, and you may supply Outputs on to your clients, to local planning authorities, to the Planning Inspectorate, and to other parties to whom that work is properly given, as part of your own work product. You may charge your clients for that work. Where work containing an Output is submitted into a planning, licensing, or appeal process, we accept that it may be published by the authority or the Inspectorate, including on a public register, and that publication is not a breach of these Terms by you. This clause is subject to your obligations in section 11.

7.2. What you must not do. Subject always to clause 7.1, you must not:

(a) access, copy, extract, scrape, harvest, or download the data, datasets, or database(s) made available through the Service in bulk or systematically, other than through the normal functioning of the Service for your own internal business use;

(b) supply the data made available through the Service, or Outputs, to anyone as a dataset, data feed, research product, or information product in its own right, or otherwise resell, redistribute, or sublicense that data as data. Charging your own clients for professional services that draw on the Service is not caught by this paragraph;

(c) allow the Service itself to be accessed or used by anyone who is not a licensed User, including your own clients, and including by or on behalf of a competitor of Planther. Supplying an Output to someone under clause 7.1 is not access to the Service;

(d) use the Service, the data made available through it, or any Output to build, train, populate, benchmark, or improve any product, dataset, database, or model that competes with the Service, or to replicate the Service or its workflow;

(e) resell, sublicense, rent, lease, or otherwise make the Service itself available to any third party, except as expressly permitted under a Separate Agreement; or

(f) copy, modify, adapt, translate, or create derivative works of the Service or its software, or otherwise reproduce any part of it.

7.3. Attribution. You must not represent or imply that Planther is the author of, or is the source of or responsible for, any of your work product. See also clause 11.6.

8. Intellectual property

8.1. Our rights. As between you and us, Planther and its licensors own all intellectual property rights in and to the Service. These include: the software and platform; the database(s) made available through the Service, and all database rights in them (including any right under the Copyright and Rights in Databases Regulations 1997); the selection, arrangement, structuring, classification, and enrichment of Source Material; the user interface and design; our AI models, system prompts, tool definitions, and configurations; and our methodologies for drafting, assessment, and analysis. Except for the rights expressly granted in these Terms, no rights are granted to you in respect of the Service or any of its content. All rights are reserved.

8.2. Our marks. The name PLANTHER, our logo, and our other brand names and marks are ours. You may not use them without our prior written consent, except to state factually that you use the Service.

8.3. Licence to you. Subject to your compliance with these Terms, we grant you a non-exclusive, non-transferable licence, revocable in accordance with section 19, to access and use the Service during the period you are authorised to use it, for your own internal business purposes only, and within the limits of section 7. This includes using the Service in the course of the professional services you provide to your own clients. It does not extend to using the Service for or on behalf of any other business, or to making the Service or its functionality available to anyone else.

8.4. Your Outputs. As between you and us, you own the Output you generate using the Service. You are responsible for your use of any Output, including reviewing, verifying, editing, and adapting it before relying on it or using it in your professional work. We make no claim of ownership over the documents and work product you produce using the Service. This clause does not give you any rights in Source Material, which remains subject to section 16.

8.5. Feedback. If you provide us with suggestions, ideas, or feedback about the Service, we may use them without restriction and without any obligation to you.

9. Customer Content

9.1. Your responsibility. You retain ownership of your Customer Content. You are solely responsible for your Customer Content, including its accuracy, legality, and your right to upload and use it with the Service.

9.2. Licence to us. You grant us a non-exclusive, worldwide licence to host, store, copy, process, transmit, and display your Customer Content to the extent necessary to operate and secure the Service, provide it to you, and comply with our legal obligations. This licence does not extend to using your Customer Content to develop or improve the Service or any model, which is governed by section 12, and it ends when your Customer Content is deleted.

9.3. Warranties. You warrant that you have all necessary rights, consents, and permissions to upload your Customer Content and to grant the licence in clause 9.2, and that your Customer Content does not infringe the rights of any third party or breach any applicable law.

9.4. Export and deletion. Retention, export, and deletion of your Customer Content on termination are dealt with in clause 19.5.

9.5. Connected systems. The Service can be connected to a third-party system that you already use, such as a work mailbox, so that it can read from that system on your behalf. Connecting one is your choice. By connecting it you confirm that you are entitled to give us access to it and to have its contents processed through the Service, and that doing so does not breach any duty you owe to your clients, your Organisation, or the provider of that system. Material the Service reads from a connected system is Customer Content, and what the Service does with it is described in our Privacy Policy. You may disconnect at any time.

10. Data protection and security

10.1. Roles. For the personal data we process to operate the Service, administer Accounts, communicate with you, and run our business, we are the data controller. Where your Customer Content contains personal data that you provide or make available to us, whether by uploading it or by connecting a system we read from under clause 9.5 (for example personal data relating to your own clients or to third parties), you are the data controller and we act as your data processor, processing it on your instructions to provide the Service. For the purposes set out in section 12 (improving the Service), we act as a controller in our own right, because those purposes are ours rather than yours, and we are responsible for that processing accordingly.

10.2. Processing terms. Where we act as your processor, we process personal data only on your documented instructions and in accordance with Article 28 of the UK GDPR. If you require written data processing terms, contact us at privacy@planther.co.uk and we will agree them with you. Where your Separate Agreement contains its own data processing terms, those terms apply instead.

10.3. How we handle personal data. Our collection and use of personal data is described in our Privacy Policy, which forms part of these Terms.

10.4. Sub-processors. We use third-party providers to deliver the Service, including cloud hosting, artificial intelligence model providers, search and indexing providers, and email providers. The categories of provider we use, with examples, are described in our Privacy Policy. We will give notice of a change to a sub-processor that materially affects the processing of your Customer Content, and will give you the current list on request.

10.5. No training of third-party models. We do not use your Customer Content or Outputs to train artificial intelligence models, and we do not permit our providers to do so. We select and configure our providers on that basis, and it is a condition of our arrangements with them. Our own use of data derived from the Service is limited by section 12.

10.6. Security and hosting. We maintain appropriate technical and organisational measures to protect Customer Content, including access controls, authentication, encryption in transit, and the use of reputable infrastructure providers. The Service is hosted primarily in the United Kingdom. Some of our providers process data outside the United Kingdom; where they do, we rely on the safeguards described in our Privacy Policy.

10.7. Breach notification. We will notify you without undue delay after becoming aware of a personal data breach affecting your Customer Content, and will give you the information you reasonably need to meet your own obligations.

11. Data accuracy, AI, verification and professional responsibility

This section is important. Please read it carefully. It describes the most significant limitations of the Service, and what you must do before relying on it.

11.1. What the Service does. The Service finds, indexes, organises, summarises, and links to Source Material, and uses artificial intelligence to surface and describe it. Where it shows you extracts of Source Material, it does so to identify the source and show you what it says, so that you can go to the source itself. The Service is a route to Source Material and an aid to finding it. It does not replace it, and we do not hold ourselves out as the publisher of it.

11.2. Surfacing is not a substitute for the source. You must consult the linked or cited Source Material itself before placing any reliance on what the Service tells you about it. What the Service shows you may be partial, out of date, mis-attributed, or wrong.

11.3. The Service is a tool, not a substitute for professional judgement. The Service is designed to assist qualified professionals. It does not provide professional, planning, legal, surveying, valuation, or any other regulated advice. Outputs are informational only and must not be relied upon as a substitute for the independent judgement and due diligence of a suitably qualified professional.

11.4. Data is provided "as is". The data made available through the Service, including data relating to planning constraints, designations, allocations, policy, planning history, environmental factors, and site characteristics, is provided on an "as is" and "as available" basis. It may be incomplete, inaccurate, out of date, or unavailable. We do not warrant the accuracy, completeness, currency, or fitness for any purpose of any data. You must always independently verify any data before relying on it.

11.5. AI can and does make mistakes. Outputs are generated, in whole or in part, by AI. AI systems can produce results that are inaccurate, incomplete, misleading, or entirely incorrect, including by misstating or fabricating information ("hallucination"), misquoting policy, or omitting relevant constraints. Outputs may vary even for similar inputs. Every Output must be independently checked and verified by a qualified professional before it is relied upon or used.

11.6. Your professional responsibility. You use the Service in the course of a professional practice. You keep sole professional responsibility for any advice, appraisal, statement, application, representation, or submission you produce, and you take full responsibility for all content you generate using the Service. You must not represent or imply that Planther is the author or source of, or is professionally responsible for, any of your work product.

11.7. Your obligation to verify, and its effect. Your use of the Service is on the basis that you understand and accept these limitations and that you will independently verify all data and Outputs against the Source Material before relying on them. Where loss arises and you did not carry out that verification, that failure is relevant to the allocation of loss between us under section 21.

11.8. No responsibility for inaccuracy or missing information. To the fullest extent permitted by law, Planther shall not be liable, and accepts no responsibility, for any inaccuracy, error, omission, incompleteness, or absence of data or information in any Source Material, in any Output, or otherwise made available through the Service, or for any loss or damage arising from your reliance on it.

12. Improving the Service

12.1. Usage telemetry. We collect telemetry about how the Service is used, such as which features are used, request volumes, timings, errors, and processing and cost metrics. Telemetry is about the operation of the Service, not about the substance of your Customer Content. We use it to operate, secure, analyse, and improve the Service.

12.2. Data derived from Customer Content. Separately, we may use aggregated and anonymised data derived from use of the Service to develop, evaluate, and improve our AI models and prompts. Aggregated and anonymised data is data that does not identify you, your Organisation, or any individual. We take reasonable steps to ensure that your confidential Customer Content cannot be reconstructed from it, and we will not expose any customer's confidential Customer Content through this process.

12.3. Reviewing actual use. To check that the Service is working properly and producing good results, authorised Planther staff may review actual use of it, including conversations, inputs, and Outputs. We do this to investigate faults and support requests, to assess the accuracy, quality, and safety of Outputs, and to improve the Service and the way it is built. Access is limited to the staff who need it, and is subject to the confidentiality obligations in section 13 and to our Privacy Policy.

12.4. No third-party model training. We do not use, and do not permit our providers to use, your Customer Content or Outputs to train third-party artificial intelligence models.

12.5. Opt out. You may opt out of clause 12.2, and of review under clause 12.3 for quality assessment and improvement, by contacting us at privacy@planther.co.uk. We will give effect to your request within a reasonable period. Two things cannot be opted out of because they are necessary to run the Service: telemetry under clause 12.1, and review under clause 12.3 that is needed to investigate a fault or answer a support request you have raised.

13. Confidentiality

13.1. Each party may have access to information that is confidential to the other ("Confidential Information"). Your Confidential Information includes your Customer Content and the identity and affairs of your clients. Our Confidential Information includes non-public information about the Service, its models, system prompts and tool definitions, its underlying technology, our roadmap and unreleased features, our pricing, the design of our user interface, and the identity and composition of the Source Material we use.

13.2. Each party agrees to keep the other's Confidential Information confidential, to use it only as necessary to exercise its rights or perform its obligations in connection with the Service or as section 12 expressly permits, and not to disclose it to any third party except as permitted by these Terms or required by law.

13.3. You must not disclose our Confidential Information to a competitor of Planther, and must not publish screenshots, recordings, demonstrations, or descriptions of unreleased features, of our pricing, or of the Source Material list, without our prior written consent. You may show the Service to your own clients in the ordinary course of your work.

13.4. You must not publish any benchmark, comparison, or evaluation of the Service without our prior written consent.

13.5. This section does not apply to information that is or becomes public other than through a breach of these Terms, was lawfully known to the receiving party before disclosure, or is independently developed without reference to the other party's Confidential Information.

13.6. The obligations in this section continue for five (5) years after your access to the Service ends, and indefinitely in respect of anything that is a trade secret.

14. Conflicts of interest

14.1. Disclosure. A director of Planther Ltd is also a director of Popham Planning Consultants Ltd, a practising planning consultancy. Planther was founded on, and continues to draw on, that firm's professional planning expertise. The connection is deliberate and necessary to the development of the Service: the planning judgement the Service is built on comes from it. We disclose it here so that you can take it into account.

14.2. Separation of data. No Customer Content passes between Planther and Popham Planning Consultants Ltd in either direction. Popham Planning Consultants Ltd has no access to Customer Content, and we maintain technical and access controls to keep it that way.

14.3. No exclusivity. We supply the Service to planning professionals generally. We may supply it to firms that compete with you, and nothing in these Terms restricts us from doing so.

14.4. Acknowledgement. You acknowledge the disclosure in this section and agree that it does not of itself give rise to any claim against us.

15. Publicity

15.1. We may identify your Organisation as a customer of Planther, including by displaying your Organisation's name and logo on our website and in marketing materials.

15.2. Your Organisation may opt out of this at any time, and may at any time ask us to remove its name and logo, by contacting us at hello@planther.co.uk. We will give effect to such a request within a reasonable period.

16. Source Material and third-party data

16.1. Source Material is third party. Source Material is produced and published by third parties, not by us. It is made available through the Service as we receive it. We do not own it, and we give no warranty about it, including no warranty that it is accurate, complete, current, or that its use does not infringe the rights of any person.

16.2. How it is presented. Consistently with clause 11.1, the Service is a route to Source Material: it indexes it, links to it, and shows what is needed to identify a source and convey what it says. Where the Service displays extracts, it does so for that purpose.

16.3. Source licence terms. Source Material may be subject to the licence terms of the body that publishes it, including attribution requirements. Where those terms bind you as a user of the material, you must comply with them, and we will make the relevant terms available to you on request. Many source licences are themselves public documents. What is confidential under section 13, and what we do not publish, is the identity and composition of the sources we use.

16.4. Changes to sources. We may add, change, restrict, or remove any Source Material at any time, including where a source withdraws it, changes its licence terms, becomes unavailable, or where we decide to stop using it. Doing so is not a breach of these Terms and does not give rise to any liability, and clause 18.1 applies.

16.5. Carve-out. Source Material is excluded from any indemnity we give, and from any warranty in these Terms.

17. Third-party services

17.1. This section covers third-party services that you use alongside the Service. Third-party material that we index or draw on is covered by section 16.

17.2. The Service relies on third-party services and infrastructure, including AI providers, mapping services, and cloud hosting. We do not control these third parties and are not responsible for their acts, omissions, availability, or outputs.

17.3. The Service may contain links to, or interoperate with, third-party websites or services. We are not responsible for the content, accuracy, or practices of any third party.

17.4. Integrations you connect. The Service can be connected to third-party clients and services that you authorise, including external artificial intelligence assistants and, where enabled, your mailbox. You are responsible for any connection you authorise and for the third party's handling of anything passed through it, which is governed by that third party's own terms and not by these Terms. We may revoke or suspend a connection where we consider it necessary for security or to comply with a third party's requirements. Where you connect a mailbox so that the Service can read from it, clause 9.5 applies and our Privacy Policy sets out what the Service can and cannot do with it.

18. Availability and changes to the Service

18.1. We aim to keep the Service available but do not guarantee that it will be uninterrupted, error-free, or available at any particular time. Except as set out in a Separate Agreement, the Service is provided without any service level commitment. The removal or restriction of Source Material under clause 16.4 is not a breach of any availability or feature commitment.

18.2. We may suspend access to the Service for maintenance, updates, security, or operational reasons, and will try to limit any disruption where reasonably practicable.

18.3. We are continually developing the Service and may add, modify, or remove features at any time. We will try not to materially reduce the core functionality of the Service without notice. Features marked as preview, beta, or early access are provided for evaluation, may change or be withdrawn without notice, and are excluded from any commitment given in a Separate Agreement.

18.4. Usage limits. We may apply limits and quotas to use of the Service, whether per User, per Organisation, per feature, or per period, and may vary them, in order to keep the Service available to all users and its running costs sustainable. Reaching a limit may pause the affected feature until the relevant period resets. Consumption limits relating to charges are dealt with in clause 4.5.

19. Suspension and termination

19.1. We may suspend or terminate your access to the Service, in whole or in part, with immediate effect if:

(a) you materially breach these Terms (including sections 6 and 7);

(b) we are required to do so by law or by a third-party provider;

(d) any fees or usage charges due to us are unpaid; or

(e) your trial or evaluation access ends or is withdrawn under clause 4.6.

19.2. Where we suspend or terminate your access under clause 19.1 (including for breach of sections 6 or 7, seat-sharing, or excessive, abusive, or exploitative usage), you are not entitled to any refund of fees paid, and any fees due remain payable. This is without prejudice to our other rights and remedies, including our right to recover costs under clause 3.6.

19.3. You may stop using the Service at any time. Where your use is governed by a Separate Agreement, termination of that agreement is governed by its terms. Otherwise, section 4 governs when your term ends.

19.4. Charges on termination. Termination does not affect any usage charges already accrued, which remain payable.

19.5. Your content on termination. For thirty (30) days after your access ends, we will on request give you a reasonable opportunity to export your Customer Content. After that period we may delete it, and will generally do so promptly, unless we are required to keep it for longer.

19.6. Outputs already used. Outputs that you have already incorporated into your own work product, including work already supplied to a client, a local planning authority, or the Planning Inspectorate, are not affected by termination, and your licence to use them under clause 7.1 survives.

19.7. On termination, your right to access the Service ends. Sections that by their nature should survive termination (including sections 4, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 19, 20, 21, 22, 24, and 25) will continue to apply.

20. Disclaimer of warranties

20.1. To the fullest extent permitted by law, the Service, all data, all Source Material, and all Outputs are provided "as is" and "as available", and we exclude all warranties, conditions, and representations of any kind, whether express, implied, statutory, or otherwise, including any implied warranties or conditions of satisfactory quality, fitness for a particular purpose, accuracy, completeness, and non-infringement.

20.2. We do not warrant that the Service, any data, any Source Material, or any Output will meet your requirements, be accurate or reliable, or be free from errors or omissions.

21. Limitation of liability

21.1. Liabilities we do not exclude. Nothing in these Terms excludes or limits our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be excluded or limited under applicable law.

21.2. Losses we exclude entirely. Subject to clause 21.1, we are not liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any:

(a) loss of profits, revenue, business, or anticipated savings;

(b) loss of or damage to goodwill or reputation;

(d) loss arising from your reliance on any data, Source Material, or Output, or from any inaccuracy, error, omission, or incompleteness in any of them;

(e) loss arising from a planning application being refused, withdrawn, or delayed, from an appeal being dismissed or lost, from an appraisal, assessment, or advice proving to be wrong or abortive, or from any award of costs made against you;

(f) claims brought against you by any third party, including by your own clients; or

(g) any indirect, special, or consequential loss or damage,

in each case however arising and even if foreseeable.

21.3. Cap on liability. Subject to clauses 21.1 and 21.2, our total aggregate liability to you arising out of or in connection with these Terms and your use of the Service, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, is limited to the greatest of (a) the total fees paid by you or your Organisation for the Service, including artificial intelligence usage charges, in the twelve (12) months immediately before the event giving rise to the liability, (b) the total fees paid for the then-current term, and (c) two thousand pounds sterling (GBP 2,000). This is one aggregate cap for the Organisation and all of its Users taken together, not a separate cap for each of them.

21.4. Verification. Your obligation to verify data and Outputs against the Source Material under clause 11.7 is a condition of the way liability is allocated in these Terms. Where you did not verify, and verification would have avoided or reduced the loss, we are not liable for that loss to that extent.

21.5. Basis of the bargain. You acknowledge that the limitations and exclusions in this section and in section 11 are reasonable given the nature of the Service, the price of the Service, and the fact that the Service is a tool intended to assist, and not replace, the judgement of a qualified professional.

22. Indemnity

22.1. You agree to indemnify and hold us harmless against all liabilities, costs, expenses, damages, and losses (including reasonable legal fees) suffered or incurred by us arising out of or in connection with: (a) your breach of these Terms; (b) your use of the Service in breach of applicable law; (c) your Customer Content, including any claim that it infringes the rights of a third party; or (d) your use of any Output otherwise than as permitted by section 7.

22.2. Any indemnity we give does not extend to Source Material, which is excluded under clause 16.5.

23. Changes to these Terms

23.1. We may update these Terms from time to time. Where changes are material, we will take reasonable steps to notify you, for example by posting a notice on the Service or by email.

23.2. Changes take effect from the date the updated Terms are published or any later date stated in them. Your continued use of the Service after that date constitutes acceptance of the updated Terms. If you do not accept the updated Terms, you must stop using the Service.

24. Dispute resolution and governing law

24.1. Talk to us first. If a dispute arises, the party raising it must first give the other written notice setting out the dispute. Each party will then have a senior representative discuss it in good faith. Neither party may start proceedings until thirty (30) days after that notice, except to seek an injunction or other urgent relief.

24.2. Governing law. These Terms and any dispute or claim arising out of or in connection with them or their subject matter (including non-contractual disputes or claims) are governed by the law of England and Wales.

24.3. Jurisdiction. The courts of England and Wales have exclusive jurisdiction to settle any such dispute or claim.

25. General

25.1. Entire agreement. These Terms, together with any Separate Agreement and our Privacy Policy, constitute the entire agreement between you and us regarding the Service and supersede all prior arrangements relating to it.

25.2. Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer ours to an affiliate or in connection with a merger, acquisition, or sale of assets.

25.3. No waiver. A failure or delay by us in exercising any right under these Terms is not a waiver of that right.

25.4. Severability. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions continue in full force, and the invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

25.5. Force majeure. We are not liable for any failure or delay in performing our obligations caused by events beyond our reasonable control.

25.6. No partnership. Nothing in these Terms creates a partnership, agency, or employment relationship between you and us.

25.7. Third parties. A person who is not a party to these Terms has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.

25.8. Notices. Notices to us should be sent to hello@planther.co.uk (general and legal notices) or support@planther.co.uk (account and support matters). We may give notice to you through the Service or by email to the address associated with your Account.

26. Contact us

If you have any questions about these Terms, please contact us:

Planther Ltd 1 Stocks Bridge Way, St. Ives, Cambridgeshire, England, PE27 5JL General and legal: hello@planther.co.uk Support: support@planther.co.uk Privacy and data protection: privacy@planther.co.uk