Terms and Conditions
Last updated: March 14, 2026
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
Interpretation
The words whose initial letters are capitalized have meanings defined under the following
conditions. The following definitions shall have the same meaning regardless of whether
they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
Application means the software program provided by the Company downloaded by
You on any electronic device, named Cinch
Application Store means the digital distribution service operated and developed by
Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the
Application has been downloaded.
Affiliate means an entity that controls, is controlled by, or is under common control
with a party, where "control" means ownership of 50% or more of the shares, equity
interest or other securities entitled to vote for election of directors or other
managing authority.
Account means a unique account created for You to access our Service or parts of
our Service.
Country refers to: Massachusetts, United States
Company (referred to as either "the Company
"
,
"We"
,
"Us" or "Our" in these Terms
and Conditions) refers to Cinch Planner LLC, 82 Wendell Ave, Suite #100, Pittsfield,
MA 01201.
Content refers to content such as text, images, or other information that can be
posted, uploaded, linked to or otherwise made available by You, regardless of the
form of that content.
Device means any device that can access the Service such as a computer, a cell
phone or a digital tablet.
Feedback means feedback, innovations or suggestions sent by You regarding the
attributes, performance or features of our Service.
Free Trial refers to a limited period of time that may be free when purchasing a
Subscription.
Promotions refer to contests, sweepstakes or other promotions offered through the
Service.
Service refers to the Application.
Subscriptions refer to the services or access to the Service offered on a subscription
basis by the Company to You.
Terms and Conditions (also referred to as "Terms") means these Terms and
Conditions, including any documents expressly incorporated by reference, which
govern Your access to and use of the Service and form the entire agreement between
You and the Company regarding the Service.
Third-Party Social Media Service means any services or content (including data,
information, products or services) provided by a third party that is displayed,
included, made available, or linked to through the Service.
You means the individual accessing or using the Service, or the company, or other
legal entity on behalf of which such individual is accessing or using the Service, as
applicable.
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement
between You and the Company. These Terms and Conditions set out the rights and
obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance
with these Terms and Conditions. These Terms and Conditions apply to all visitors, users
and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If
You disagree with any part of these Terms and Conditions then You may not access the
Service.
You represent that you are over the age of 18. The Company does not permit those under 18
to use the Service.
Your access to and use of the Service is also subject to Our Privacy Policy, which describes
how We collect, use, and disclose personal information. Please read Our Privacy Policy
carefully before using Our Service.
Subscriptions
Subscription period
The Service or some parts of the Service are available only with a paid Subscription. You will
be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or
annually), depending on the type of Subscription plan you select when purchasing the
Subscription.
At the end of each period, Your Subscription will automatically renew under the exact same
conditions unless You cancel it or the Company cancels it.
Subscription cancellations
You may cancel Your Subscription renewal either through Your Account settings page or by
contacting the Company. You will not receive a refund for the fees You already paid for Your
current Subscription period and You will be able to access the Service until the end of Your
current Subscription period.
Billing
All billing and payment processing for Subscriptions is managed through the applicable
Application Store (Apple App Store or Google Play Store). By purchasing a Subscription, You
agree to the payment terms and policies of the applicable Application Store. The Company
does not directly process or store Your payment information.
Fee Changes
The Company, in its sole discretion and at any time, may modify the Subscription fees. Any
Subscription fee change will become effective at the end of the then-current Subscription
period.
The Company will provide You with reasonable prior notice of any change in Subscription
fees to give You an opportunity to terminate Your Subscription before such change becomes
effective.
Your continued use of the Service after the Subscription fee change comes into effect
constitutes Your agreement to pay the modified Subscription fee amount.
Refunds
Except when required by law, paid Subscription fees are non-refundable.
Certain refund requests for Subscriptions may be considered by the Company on a
case-by-case basis and granted at the sole discretion of the Company.
Free Trial
The Company may, at its sole discretion, offer a Subscription with a Free Trial for a limited
period of time.
You may be required to enter Your billing information in order to sign up for the Free Trial.
If You do enter Your billing information when signing up for a Free Trial, You will not be
charged by the Company until the Free Trial has expired. On the last day of the Free Trial
period, unless You canceled Your Subscription, You will be automatically charged the
applicable Subscription fees for the type of Subscription You have selected.
At any time and without notice, the Company reserves the right to (i) modify the terms and
conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
Promotions
Any Promotions made available through the Service may be governed by rules that are
separate from these Terms.
If You participate in any Promotions, please review the applicable rules as well as Our
Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules
will apply.
User Accounts
When You create an Account with Us, You must provide Us information that is accurate,
complete, and current at all times. Failure to do so constitutes a breach of the Terms, which
may result in immediate termination of Your Account on Our Service.
You are responsible for safeguarding the password that You use to access the Service and for
any activities or actions under Your password, whether Your password is with Our Service
or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us immediately
upon becoming aware of any breach of security or unauthorized use of Your Account.
You may not use as a username the name of another person or entity or that is not lawfully
available for use, a name or trademark that is subject to any rights of another person or
entity other than You without appropriate authorization, or a name that is otherwise
offensive, vulgar or obscene.
Social Login and Linked Accounts
If the Service allows You to sign in, connect, or otherwise interact with a Third-Party Social
Media Service, You authorize the Company to access and use information made available by
that Third-Party Social Media Service in accordance with Our Privacy Policy and Your
settings with that Third-Party Social Media Service.
The Company does not control and is not responsible for the availability, accuracy, or
content of any Third-Party Social Media Service, and Your relationship with that Third-Party
Social Media Service is governed by its own terms and policies.
Content
Your Content
Our Service allows You to upload and submit Content, including but not limited to course
syllabi, assignment information, study preferences, and progress updates. You are
responsible for the Content that You provide to the Service, including its accuracy and
completeness.
By submitting Content to the Service, You grant Us a limited, non-exclusive license to use,
process, and store such Content solely for the purpose of providing and improving the
Service. You retain all rights to any Content You submit. Your Content is not made available
to other users of the Service.
You represent and warrant that: (i) the Content is Yours or You have the right to submit it,
and (ii) the submission of Your Content does not violate the privacy rights, copyrights,
contract rights, or any other rights of any person.
Content Restrictions
You may not submit any Content that is unlawful, offensive, threatening, defamatory,
obscene, or otherwise objectionable, or that contains viruses, malware, or other harmful
components designed to disrupt or damage the functioning of any software, hardware, or
telecommunications equipment.
The Company reserves the right to remove any Content that violates these Terms or that the
Company determines, in its sole discretion, to be inappropriate.
Data Retention
The Company stores Your Content for the duration of Your active Subscription. If Your
Subscription or Free Trial expires without renewal, the Company may retain Your Content
for a limited period to allow You to reactivate Your account without repeating the
onboarding process. After this retention period, Your Content will be permanently deleted.
You may request deletion of Your Account and all associated Content at any time by
contacting the Company.
Copyright Policy
Intellectual Property Infringement
We respect the intellectual property rights of others. It is Our policy to respond to any claim
that Content posted on the Service infringes a copyright or other intellectual property
infringement of any person.
If You are a copyright owner, or authorized on behalf of one, and You believe that the
copyrighted work has been copied in a way that constitutes copyright infringement that is
taking place through the Service, You must submit Your notice in writing to the attention of
our copyright agent via email at admin@cinchplanner.com and include in Your notice a
detailed description of the alleged infringement.
You may be held accountable for damages (including costs and attorneys' fees) for
misrepresenting that any Content is infringing Your copyright.
DMCA Notice and DMCA Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by
providing our Copyright Agent with the following information in writing (see 17 U.S.C
512(c)(3) for further detail):
●
An electronic or physical signature of the person authorized to act on behalf of the
owner of the copyright's interest.
●
A description of the copyrighted work that You claim has been infringed, including the
URL (i.e., web page address) of the location where the copyrighted work exists or a copy
of the copyrighted work.
●
Identification of the URL or other specific location on the Service where the material
that You claim is infringing is located.
●
Your address, telephone number, and email address.
●
A statement by You that You have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law.
●
A statement by You, made under penalty of perjury, that the above information in Your
notice is accurate and that You are the copyright owner or authorized to act on the
copyright owner's behalf.
You can contact our copyright agent via email at admin@cinchplanner.com. Upon receipt of
a notification, the Company will take whatever action, in its sole discretion, it deems
appropriate, including removal of the challenged content from the Service.
Intellectual Property
The Service and its original content (excluding Content provided by You or other users),
features and functionality are and will remain the exclusive property of the Company and its
licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and
foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service
without the prior written consent of the Company.
Your Feedback to Us
You assign all rights, title and interest in any Feedback You provide the Company. If for any
reason such assignment is ineffective, You agree to grant the Company a non-exclusive,
perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose,
sub-license, distribute, modify and exploit such Feedback without restriction.
Links to Other Websites
Our Service may contain links to third-party websites or services that are not owned or
controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy
policies, or practices of any third-party websites or services. You further acknowledge and
agree that the Company shall not be responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection with the use of or reliance
on any such content, goods or services available on or through any such websites or
services.
We strongly advise You to read the terms and conditions and privacy policies of any
third-party websites or services that You visit.
Integration with Third-Party Platforms and APIs
The Service integrates with external third-party platforms, including but not limited to
calendar applications (e.g., Google Calendar) and Learning Management Systems (LMS). You
acknowledge and agree that the Company does not control these third-party platforms. The
Service's functionality depends on the continuing availability of these platforms' APIs and
data access.
The Company shall not be liable for any disruption of Service, loss of data, missed deadlines,
or scheduling errors resulting from changes, outages, or access restrictions imposed by
these third-party platforms. Your authorization to connect these platforms to the Service is
governed by the respective terms and privacy policies of those third parties.
Termination
We may terminate or suspend Your Account immediately, without prior notice or liability,
for any reason whatsoever, including without limitation if You breach these Terms and
Conditions.
Upon termination, Your right to use the Service will cease immediately. If You wish to
terminate Your Account, You may simply discontinue using the Service.
If We terminate Your Subscription for convenience (and not due to Your breach), We will
refund any prepaid fees covering the remainder of the term of the Subscription after the
effective date of termination. In no event will any termination relieve You of the obligation to
pay any fees payable to Us for the period prior to the effective date of termination.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and
any of its suppliers under any provision of these Terms and Your exclusive remedy for all of
the foregoing shall be limited to the amount actually paid by You through the Service or 100
USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its
suppliers be liable for any special, incidental, indirect, or consequential damages
whatsoever (including, but not limited to, damages for loss of profits, loss of data or other
information, for business interruption, for personal injury, loss of privacy arising out of or in
any way related to the use of or inability to use the Service, third-party software and/or
third-party hardware used with the Service, or otherwise in connection with any provision
of these Terms), even if the Company or any supplier has been advised of the possibility of
such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for
incidental or consequential damages, which means that some of the above limitations may
not apply. In these states, each party's liability will be limited to the greatest extent
permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You
" AS IS" and " AS AVAILABLE" and with all faults and defects
without warranty of any kind. To the maximum extent permitted under applicable law, the
Company, on its own behalf and on behalf of its Affiliates and its and their respective
licensors and service providers, expressly disclaims all warranties, whether express,
implied, statutory or otherwise, with respect to the Service, including all implied warranties
of merchantability, fitness for a particular purpose, title and non-infringement, and
warranties that may arise out of course of dealing, course of performance, usage or trade
practice. Without limitation to the foregoing, the Company provides no warranty or
undertaking, and makes no representation of any kind that the Service will meet Your
requirements, achieve any intended results, be compatible or work with any other software,
applications, systems or services, operate without interruption, meet any performance or
reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider
makes any representation or warranty of any kind, express or implied: (i) as to the
operation or availability of the Service, or the information, content, and materials or
products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to
the accuracy, reliability, or currency of any information or content provided through the
Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of
the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or
other harmful components.
The Service provides study schedule suggestions for informational and organizational
purposes only. The Company does not guarantee any particular academic outcome. You are
solely responsible for Your academic performance and decisions.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on
applicable statutory rights of a consumer, so some or all of the above exclusions and
limitations may not apply to You. But in such a case the exclusions and limitations set forth
in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern these Terms and
Your use of the Service. Your use of the Application may also be subject to other local, state,
national, or international laws.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the
dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of
the law of the country in which You are resident.
United States Federal Government End Use Provisions
If You are a U.S. federal government end user, our Service is a "Commercial Item" as that
term is defined at 48 C.F.R. §2.101.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the
United States government embargo, or that has been designated by the United States
government as a "terrorist supporting" country, and (ii) You are not listed on any United
States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be
changed and interpreted to accomplish the objectives of such provision to the greatest
extent possible under applicable law and the remaining provisions will continue in full force
and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an
obligation under these Terms shall not affect a party's ability to exercise such right or
require such performance at any time thereafter nor shall the waiver of a breach constitute a
waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to
You on our Service. You agree that the original English text shall prevail in the case of a
dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If
a revision is material We will make reasonable efforts to provide at least 30 days' notice
prior to any new terms taking effect. What constitutes a material change will be determined
at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree
to be bound by the revised terms. If You do not agree to the new terms, in whole or in part,
please stop using the Service.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
●
By email: admin@cinchplanner.com