The agreement between you and Monte Peony that governs your use of the montepeony.com website, your Monte Peony account and every Monte Peony product, including Planner and how we process your guests' information for you.
These Terms of Service (the "Terms") are a legal agreement between you and Monte Peony ("Monte Peony", "we", "us" or "our") for your use of the montepeony.com website, your Monte Peony account at account.montepeony.com, Planner at planner.montepeony.com, and the related pages and emails (together, the "Services").
By creating an account or using the Services, you agree to these Terms and confirm that you've read our Privacy Policy and Cookie Policy. If you don't agree, don't use the Services.
The sections up to "Changes to These Terms" apply to all the Services. The sections headed "Product Terms" add terms for particular Services, which apply when you use them; where a Product Term conflicts with the rest of these Terms, the Product Term prevails for that Service.
If you use the Services for a business or other organisation, such as an event planning company, you agree to these Terms on its behalf and confirm you have the authority to do so; "you" then includes that organisation.
If you only browse the website, or only open a Planner reply link as a guest, the sections from "Acceptable Use" onward apply to you, together with the Product Terms for what you use.
You must be at least 16 years old, and old enough to form a binding contract where you live, to create an account. You may not use the Services if the law where you live forbids it, or if we've previously closed your account for breaking these Terms.
One Monte Peony account signs you in to every Monte Peony product. These Terms cover it, whichever product you use it with.
Give accurate information when you sign up, and keep it up to date.
Keep your password safe and don't share your account. You're responsible for activity under your account unless it happens because of our failure to keep the Services secure.
Tell us straight away if you think someone else has used your account.
You agree that we may send you emails the Services depend on, such as sign-in and security emails, and that agreements and notices we give you electronically satisfy any legal requirement that they be in writing.
Each Monte Peony product shows its prices on its own pricing page. In Planner, your first event is free, with everything included, once per account. Every event after it, a copy of an event included, uses one event credit. Credits are sold in packs, in US dollars or euros. They never expire, and each one gives one event everything, permanently. A credit spent on an event isn't returned if that event is later archived or deleted.
Before you pay, we show you the price and what it buys, and we never charge you without your express agreement. Payments are taken on the secure page of Stripe, our payment provider; we never see or store your card details. A change to our prices applies only to purchases made after it.
Not paying never locks you out of what you've already recorded: it stays readable, and you can always get a copy of your personal data.
Where you buy something as a consumer, you keep the rights your law gives you, including any right to withdraw from a purchase within a set period.
We're always improving the Services, so we may change, add or remove features. If we remove a feature you rely on in a significant way, we'll give you reasonable notice where we can, so you can download your information.
Don't use the Services for anything unlawful, or to store information you have no right to hold.
Don't use them to send spam or unwanted messages, or to harass, threaten, defame or harm anyone.
Don't upload anything that infringes someone else's rights, or that contains malware.
Don't try to reach accounts, events or systems you haven't been given access to, probe or test the Services' security without our written permission, or interfere with the Services or anyone else's use of them.
Don't copy, scrape or access the Services by automated means except through features we provide, or in a way that places an unreasonable load on them.
Don't reverse engineer the Services except where the law allows it despite this restriction, or resell them without our agreement.
What you put into the Services ("Your Content") stays yours. You give us a worldwide, non-exclusive, royalty-free licence to host, store, copy, process and display Your Content only as needed to provide, secure and support the Services for you and the people you share it with. This licence ends when Your Content is deleted from the Services, subject to the backup period in our Privacy Policy.
You confirm you have the rights needed to give us this licence. If you send us feedback or suggestions, we may use them without obligation to you.
The Services, including their software, design, text and graphics and the Monte Peony and Planner names and logos, belong to Monte Peony or our licensors and are protected by intellectual property laws. You may view and print pages of the website for your own reference. Apart from that, and the right to use the Services under these Terms, we don't grant you any rights in them.
The Services link to services run by others, such as our social media profiles. Your use of them is governed by their own terms and privacy policies, and we aren't responsible for them.
You can stop using the Services at any time, and ask us to delete your account.
We may suspend or end your access if you seriously or repeatedly break these Terms, if the law requires it, or if your use creates a risk to the Services, other users or guests. Where we reasonably can, we'll tell you first, explain why, and give you a chance to fix the problem and download your information. We may also end a Service as a whole with at least 60 days' notice.
Sections that by their nature should survive termination do, including "Your Content", "Intellectual Property", "Disclaimers", "Limitation of Liability", "Indemnification", "Governing Law and Disputes", and, for as long as we hold Customer Personal Data, the Planner guests' information and data processing terms.
We work hard to keep the Services running and your information safe, but the Services are provided "as is" and "as available". To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title and non-infringement, and we don't promise that the Services will be uninterrupted, secure or error-free, that they will meet your requirements, or that information on the website is complete, accurate or current.
If you are a consumer, you have legal rights in your country that these Terms don't affect. Some jurisdictions don't allow the exclusion of implied warranties, so some of the above may not apply to you.
To the fullest extent permitted by law, Monte Peony and its affiliates, officers, employees and suppliers won't be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, goodwill, data or digital assets, arising out of or related to the Services or these Terms, however caused, even if we were told they were possible.
To the fullest extent permitted by law, our total liability for all claims arising out of or related to the Services or these Terms is limited to the greater of the amount you paid us for the Services in the 12 months before the claim arose and 100 euros (or its equivalent in your local currency).
Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, for gross negligence or wilful misconduct, or any other liability that can't be excluded or limited under the law that applies. If you are a consumer in the EEA or the UK, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or failing to use reasonable care and skill.
To the extent permitted by law, you agree to defend, indemnify and hold harmless Monte Peony from any third-party claim, and the resulting losses, damages and reasonable legal fees, arising from information you recorded without the right to, Your Content, your breach of these Terms or your violation of anyone's rights or of the law. If you are a consumer, this applies only to the extent that the claim results from your fault.
These Terms and any dispute arising from them are governed by the laws of the country in which Monte Peony is established, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods doesn't apply.
If you are a consumer, you also keep the protection of the mandatory laws of the country where you live, and you may bring proceedings in the courts there; we may bring proceedings against you only in the courts of the country where you live. Otherwise, the courts of the country in which Monte Peony is established have exclusive jurisdiction.
Before starting any proceedings, please contact us and give us 30 days to try to resolve the matter informally. Most concerns can be settled that way. If you are a consumer in the EU, you may also use an alternative dispute resolution body in your country.
Entire agreement: these Terms, with our Privacy Policy and Cookie Policy, are the whole agreement between you and us about the Services. A separate written agreement with us prevails for what it covers.
Severability: if any part of these Terms is held invalid or unenforceable, the rest stays in effect, and that part is applied as far as the law allows.
No waiver: if we don't enforce a part of these Terms straight away, we can still enforce it later.
Assignment: you may not transfer your rights under these Terms without our agreement. We may transfer ours to a successor in a merger, acquisition or sale of assets, if your rights aren't reduced as a result.
Events beyond control: neither of us is responsible for a failure or delay caused by events beyond reasonable control, such as a natural disaster, war, an outage of the internet or a hosting provider, or an act of government.
Third parties: no one other than you and us has any rights under these Terms.
Export and sanctions: you may not use the Services if you're subject to sanctions, or in breach of export control laws, that apply to you or to us.
Language: these Terms may be translated. Where the law allows, the English version prevails if the versions differ; where you are a consumer whose law requires otherwise, the version in your language does.
We may revise these Terms from time to time, for example to reflect changes to the Services or the law. The date at the top of this page shows when they were last updated. If a change is significant, we'll tell account holders by email or in our products at least 30 days before it takes effect, unless the change is required by law or needed urgently for security. If you don't agree to the changes, you can stop using the Services and have your account deleted before they take effect; continuing to use them afterwards means you accept the revised Terms.
Planner helps you plan events: your guest list and their replies, a timeline, seating plans, a checklist, a budget and more, alone or together with people you invite. These sections apply when you use it.
An event's owners decide who else can plan it, and in which role. Everyone added to an event can see its guests' information, so invite only people you trust with it. Owners can change a member's role or remove them at any time. Each member is responsible for what they do in the event.
Guests' personal information is anonymised after an event, as our Privacy Policy explains, and deleting a guest or an event can't be undone. Download anything you want to keep before then. Planner isn't an archive or a backup service, and you're responsible for keeping your own copies of anything important.
Planner is a planning tool. You remain responsible for your event, for checking information such as dietary needs with your guests and suppliers, and for decisions you make with it.
When you record information about your guests, you decide what to record and why. For that information you are the controller (or "business") and we are your processor (or "service provider"). You are responsible for complying with the data protection and privacy laws that apply to you. In particular, you agree that:
You have a lawful basis, and any notices or consents the law requires, to record and use that information to plan your event and to share it with the people you plan with and your suppliers. If you plan purely private events, data protection law may apply to you only in part; if you plan events professionally, it applies in full.
You record only what you need, and take particular care with dietary needs, information about children, notes and anything else sensitive.
You'll respond to a guest who asks to see, correct or delete their information. Planner gives you the tools to do so.
You share each reply link only with the guests it was made for, and replace it if it reaches anyone else.
This section is our data processing agreement with you for guests' information and any other personal information we process on your behalf in Planner ("Customer Personal Data"). It satisfies Article 28 of the GDPR and the UK GDPR and the service provider requirements of US state privacy laws, and applies wherever the law requires such terms. The subject matter, nature and purpose of the processing is providing Planner; its duration is the term of your use plus the deletion periods in our Privacy Policy; the data subjects are your guests and the people you plan with; and the categories of data are those described under "Guests' Information" in our Privacy Policy. We will:
Process Customer Personal Data only on your documented instructions, which are these Terms and your use of Planner's features, unless the law requires otherwise, in which case we'll tell you first unless the law forbids it. We'll tell you if we believe an instruction breaks the law.
Not sell or share Customer Personal Data, nor retain, use or disclose it for any purpose other than providing Planner, nor combine it with personal information from other sources except as the law permits a service provider to.
Make sure everyone authorised to process it is bound by confidentiality.
Keep it secure with the measures described in our Privacy Policy, appropriate to the risk.
Use only the sub-processors listed in our Privacy Policy, under written terms that protect the data at least as well as these. You authorise us to use them. We'll update that list before adding or replacing a sub-processor; if you object on reasonable data protection grounds, we'll work with you to resolve it, and if we can't, you may stop using Planner and have your data deleted.
Help you, taking into account the nature of the processing, to answer requests from people exercising their rights, and with security, breach notification, data protection impact assessments and consultation with authorities.
Notify you without undue delay after becoming aware of a personal data breach affecting Customer Personal Data, with the information you need to meet your own obligations.
When you delete it or stop using Planner, delete Customer Personal Data as described in our Privacy Policy, after giving you the means to download it, unless the law requires us to keep it.
Make available the information you reasonably need to show compliance with this section, and allow for and contribute to audits, by written answers in the first instance, at reasonable intervals and on reasonable notice.
Transfer Customer Personal Data out of the EEA, the UK or Switzerland only with the safeguards described in our Privacy Policy. Where standard contractual clauses are needed for a transfer between you and us, they are incorporated into these Terms by reference (module 2 or 3, as applicable).
If you have any questions about this Terms of Service, or want to use any of your rights, please contact us at [email protected] or through our contact form.
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