# End User Terms of Service – SaaS Version

**Effective: February 11, 2026 – v1.0**

## Part I – Terms of Service

### 1. Scope and Your Relationship with PLANKA

#### 1.1 What This Document Covers
These End User Terms of Service apply to you as an end user of the cloud-based PLANKA software (SaaS). They govern the conditions under which you may use the software – regardless of whether you are an employee, external contractor, or invited user of the organization that has made PLANKA available to you.

#### 1.2 Who Is Who?
- **"Provider"** or **"we"**: PLANKA Software GmbH, Lindauer Str. 4, 87439 Kempten, Germany
- **"Customer"** or **"Instance Administrator"**: The organization that has entered into an agreement with us for the provision of PLANKA
- **"You"** or **"End User"**: The natural person using PLANKA through the Customer's account

#### 1.3 Contractual Framework
Your access to PLANKA is based on the agreement between the Customer and us (Terms and Conditions). This document supplements those Terms and Conditions and governs your personal obligations as an end user. It does not establish an independent contractual relationship between you and the Provider.

### 2. Your Account

#### 2.1 Account Creation
Each end user requires their own personal account. Shared accounts are not permitted.

#### 2.2 Your Responsibility
You are responsible for the accuracy of your account information, maintaining the confidentiality of your access credentials, and all activities that occur under your account. If you suspect unauthorized use of your account, notify your instance administrator immediately.

#### 2.3 Access and Revocation
Your access is managed by the Customer. The Customer may restrict or revoke your access at any time. When your relationship with the Customer ends (e.g., end of employment), your right of access also expires.

### 3. Acceptable Use

#### 3.1 Intended Use
You may use PLANKA exclusively for the purposes for which the Customer has granted you access, and within the scope of the role and permissions assigned to you.

#### 3.2 Prohibited Uses
The following are expressly prohibited:
- Sharing your access credentials with other persons
- Use for unlawful, discriminatory, or abusive purposes
- Uploading harmful files (viruses, malware) or unlawful content
- Attempting to access data of other users or instances without authorization
- Automated mass queries or actions that disproportionately burden the infrastructure
- Reverse engineering, decompilation, or disassembly of the software

#### 3.3 Content Responsibility
You are responsible for all content you create, upload, or share in PLANKA. Ensure that such content does not infringe the rights of third parties and complies with applicable law.

### 4. Intellectual Property and Your Content

The PLANKA software is owned by PLANKA Software GmbH. Your authorization to use the software does not constitute a transfer of ownership rights. You retain ownership of all content you create within PLANKA. The management and any release of your content is the responsibility of the Customer (instance administrator), not the Provider.

### 5. Availability, Liability, and Data Backup

The Provider endeavors to provide PLANKA with high availability. However, maintenance, technical disruptions, or force majeure events may result in temporary limitations. There is no entitlement to uninterrupted availability.

The Provider's liability towards end users is governed by the applicable statutory provisions and the terms set out in the Terms and Conditions between the Provider and the Customer. The Provider is not liable for damages resulting from misuse or use in breach of these terms.

Create regular backups of your important content where your working environment provides for this. The Provider assumes no liability for data loss resulting from a failure to back up data on the part of the end user.

### 6. Confidentiality

Access credentials, license information, and internal data to which you gain access through PLANKA must be treated as confidential. The confidentiality obligation continues beyond the duration of your access authorization.

### 7. Violations and Consequences

In the event of violations of these End User Terms of Service, the Provider is entitled to temporarily suspend or permanently revoke your access and to inform the Customer (instance administrator) of the violation. The Provider's right to take further action in the event of serious violations remains unaffected.

### 8. Changes and Applicable Law

The Provider may amend these End User Terms of Service with effect for the future. Changes will be displayed to you at your next login and require your renewed confirmation. Without confirmation, further use of PLANKA is not possible. German law applies.

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## Part II – Privacy Notice

### 1. Who Is Responsible?

**Data Controller** for data processing within your PLANKA instance is your employer or client (the "Instance Administrator"). They determine which data is processed in PLANKA.

**PLANKA Software GmbH** (Lindauer Str. 4, 87439 Kempten, Germany) processes your data as a data processor on behalf of the Instance Administrator.

For data protection inquiries, please contact your instance administrator or reach us at: privacy@planka.group

### 2. What Data Is Processed?

When using PLANKA, we process the following data on behalf of your instance administrator:

- **Account Data:** Username, email address, name (if provided), profile picture (if uploaded), role and permissions
- **Technical Data:** IP address, browser type, operating system, time of access
- **Your Content:** Everything you create, upload, or share in PLANKA (boards, cards, comments, attachments)

### 3. Why Is This Data Processed?

| Purpose | Legal Basis |
|---|---|
| Provision and operation of the software | Art. 6(1)(b) GDPR (contract performance) |
| System security and error analysis | Art. 6(1)(f) GDPR (legitimate interest) |
| Data backup | Art. 6(1)(b), (f) GDPR |

### 4. How Long Is Data Stored?

Your data is stored for the duration of your active account. After termination of the contract between your instance administrator and us, they have 30 days to export the data. After that, it will be irreversibly deleted. Technical log data (server logs) is automatically deleted after 90 days.

### 5. Who Has Access to Your Data?

Your data is processed exclusively by:
- **Your Instance Administrator** (as data controller)
- **PLANKA Software GmbH** (as data processor)
- **Hosting providers** (as sub-processors, data centers within the EU for EU customers)

Your content and personal data is not shared with third parties unless required by a legally binding court order.

### 6. Cookies

PLANKA uses only technically necessary cookies (session and login cookies). Tracking or marketing cookies are not used.

### 7. Your Rights

You have the right to access, rectification, erasure, restriction of processing, data portability, and objection. These rights are primarily directed at your instance administrator as the data controller.

You have the right to withdraw any consent given at any time and to lodge a complaint with a data protection supervisory authority (responsible: Bavarian State Office for Data Protection Supervision, www.lda.bayern.de).

The full Privacy Policy with complete details on sub-processors, technical measures, and third-country transfers is available on our website at [Privacy Policy](https://planka.app/privacy-app).

*PLANKA Software GmbH · Lindauer Str. 4 · 87439 Kempten · Germany*

[confirmations]::
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✔️ **I have read and accept the Terms of Service (Part I)**
✔️ **I have read the Privacy Notice (Part II) and consent to the processing of my personal data**
