Planitlocal is a product/service provided by planitretail, LLC, also referred to herein as “the Company”, “we”, or “us”. It is the provider of a self-serve web-based platform named “planitlocal” enabling small businesses the ability to design and order advertising campaigns in the form of direct mail, email, and other electronic media in accordance with the terms and conditions of this agreement.

The platform is an enabler of professionally designed and executed advertising campaigns for those small businesses that are not looking for or have the resources to hire an advertising agency.

Planitretail, LLC is a limited liability company organized in Delaware and can be contacted at http://www.planitretail.net or by mail at PO Box 363, Granby, CT 06035.

The terms “you”, “your”, “yours”, or “customer” refer to the person or entity utilizing the planitlocal platform for designing and ordering an ad campaign. The term “party” refers to either the Company or customer. The term “parties” refers to both the Company and customer.

The following sets forth the terms and conditions of use of the planitlocal platform by you. The Terms and Conditions govern your use of the planitlocal platform and are accepted by you when you click “accepted” in utilizing the platform and its tools as intended for the design and order of ad campaigns. The Terms and Conditions may be changed or amended from time to time with notice in advance to the customer, which shall not be unreasonably denied.

Incorporated by reference below as part of the Terms and Conditions is the privacy policy of the Company. The privacy policy provisions may change from time to time, and should accordingly be reviewed periodically. The privacy policy of the Company can be found on the web at www.planitlocal.com. If a copy of the policy cannot be obtained from the web, a copy can be requested from the Company at its address given above.

Any use of the planitlocal platform beyond its intended purpose is not permitted.

Usage

The planitlocal platform provides free-to-use tools to browse and begin to build their own local marketing campaigns. Users must register for a free account to fully complete and order their campaigns. By selecting their preferred media, the user is directed to begin to make selections about their desired geography to target, preferred ad size, design preferences and certain other preferences using a free, interactive map targeting tool.

Once the campaign selections are made, the user can simply add the campaign to their shopping cart and check out using a credit card. The planitlocal campaign will then begin the design and production process followed by implementing the approved campaign. Submitting an order for a campaign is an acceptance of these included planitlocal terms and conditions.

Provided To the Parties

It is the customer’s responsibility to supply information and design criteria required by the planitlocal platform that determines the ad campaign sought by customer and to load that information and criteria into the planitlocal website. Such information will include the media desired, the quantity and duration of the campaign, the channels of distribution, and certain ad design inputs if planitlocal is designing the ad for you.

The Company shall be responsible for taking the information and design criteria provided by a customer and producing a finished ad campaign product ready for delivery in quantity and form specified for distribution in the region and medium by customer.

For direct mail, the customer can supply their own mailing list or purchase one from planitlocal. If the customer uses their own list, they are responsible for its accuracy and any resulting delivery errors. For electronic media distribution, the customer is responsible for establishing necessary service provider accounts and providing accurate address lists; any errors from the list shall not be attributed to the Company.

The company is not responsible for the results of the customer’s ad campaign.

Customer shall be responsible for the content of the ad campaign product, and will not incorporate material that is unlawful, pornographic, offensive, defamatory, libelous, menacing, or threatening. Should Customer's use of the platform violate these terms or other laws and cause claims to be made against the Company, Customer shall indemnify, defend and hold the Company harmless from such claims.

Customer must obtain all permissions, licenses, and clearances for any proprietary material (e.g., copyrights, trademarks, images, personal information) used in the ad campaign. The Company reserves the right to modify or delete material it deems to expose it to legal claims.

The planitlocal platform operates on proprietary software owned by the Company. The customer obtains a limited license to use the software program only for creating an advertising campaign. No further license is given for other purposes, adaptation, or modification. Customer shall ensure that any uploaded material is compatible with the platform, free of viruses, and will not cause damage.

Asset Ownership & Control

1. Ownership of Business Profiles and Advertising Assets

1.1 Client Ownership: All social media accounts, profiles, and advertising assets created for or on behalf of the Client, including but not limited to Facebook Pages, Instagram accounts, advertising accounts, pixels, audiences, and associated data (collectively, the “Marketing Assets”), are intended to represent the Client’s business and shall be deemed the property of the Client. This aligns with common legal principles that social media accounts typically belong to the business they represent rather than the individual or agency managing them.

2. Agency Access and Usage Rights

2.1 Limited License to PlanitLocal: The Client hereby grants PlanitLocal a non-exclusive, revocable, limited license to access, manage, and use the Marketing Assets solely for the purpose of providing marketing and advertising services under this Agreement.

2.2 No Ownership by PlanitLocal: Except as expressly set forth herein, PlanitLocal shall not acquire any ownership rights, title, or interest in the Client’s Marketing Assets.

3. Asset Creation on Client’s Behalf

3.1 Authorized Creation: Where the Client does not have an existing Facebook Page, Instagram account, or related Marketing Asset, the Client authorizes PlanitLocal to create such assets on the Client’s behalf using the business information provided by the Client.

3.2 Representation and Authority: The Client represents and warrants that it has the full legal authority to authorize PlanitLocal to create and manage such Marketing Assets on its behalf, including the use of the Client’s trade name, trademarks, and business information.

4. Temporary Ownership Structure (If Applicable)

4.1 Interim Hosting by PlanitLocal: In certain cases, Marketing Assets may initially be created under a PlanitLocal-controlled business account or environment for operational efficiency and onboarding purposes.

4.2 Intended Ownership Transfer: Notwithstanding the foregoing, such Marketing Assets are created exclusively for the benefit of the Client, and the parties agree that the Client is the intended beneficial owner of such assets.

4.3 Transfer Obligation: Upon the Client’s request, or upon termination of services, PlanitLocal shall take commercially reasonable steps to transfer administrative control and ownership of such Marketing Assets to the Client or the Client’s designated account.

5. Client-Controlled Ownership Model (Preferred Structure)

5.1 Client-Directed Ownership: Where available, Marketing Assets shall be created under or transferred to a business account controlled by the Client, with PlanitLocal granted partner or delegated access for management purposes.

5.2 Partner Access Structure: The parties agree that PlanitLocal may access Marketing Assets via partner permissions, user roles, or other platform-approved access methods, without requiring transfer of ownership.

6. Data Ownership

6.1 Client Data Rights: All campaign data, customer data, audience data, performance metrics, and related analytics generated through Marketing Assets (“Marketing Data”) shall be owned by the Client.

6.2 Limited Use by PlanitLocal: PlanitLocal may use aggregated and anonymized Marketing Data solely for internal analytics, performance improvement, and benchmarking, provided that such use does not identify the Client or disclose confidential information.

7. Access, Security, and Permissions

7.1 Role-Based Access: PlanitLocal shall access Marketing Assets using secure, role-based permissions provided by the applicable platform.

7.2 No Credential Ownership: PlanitLocal shall not claim ownership of any login credentials associated with Client-owned Marketing Assets.

8. Termination and Transition

8.1 Return of Control: Upon termination of this Agreement for any reason, the Client shall retain full ownership of all Marketing Assets. PlanitLocal shall promptly relinquish access upon request.

8.2 Transition Assistance: PlanitLocal shall provide reasonable cooperation to facilitate transition of asset control to the Client or a third-party provider, including transferring administrative roles, providing documentation of account structure, and assigning partner or admin access.

9. Platform Compliance Disclaimer

9.1 Platform Governance: The Parties acknowledge that all Marketing Assets are subject to the terms, policies, and enforcement actions of third-party platforms (including Meta/Facebook and Instagram), which may impact ownership, access, or availability.

9.2 No Platform Liability: PlanitLocal shall not be responsible for actions taken by such platforms, including suspension, restriction, or removal of Marketing Assets.

Terms of Sale

Except as expressly provided otherwise, all sales are final pending customer approval. No refunds are available on orders unless production has not begun and media has not yet been placed. Planitlocal is not responsible for user-submitted content relative to quality or errors but ensures that printed material will abide by print industry standards. If printed material is found to be defective, you may contact planitlocal, LLC for a reprint or other compensation.

The Company will produce a draft of the advertising campaign for the customer's review. The customer has 10 days to notify the Company of any corrections. Planitlocal shall have 20 days to make corrections and return a revised draft for final approval. After approval, the campaign will be executed.

The Company’s responsibility for mailings ends upon delivery to the postal authority. Similarly, responsibility for electronic distribution ends upon delivery to the service provider. The Company makes no warranty of success, merchantability, or fitness for a particular purpose and shall not be liable for direct, indirect, incidental, or consequential damages arising from the campaign.

Provisions

These Terms and Conditions, together with the Privacy Policy, constitute the entire agreement of the Parties. Any modification shall be in writing and agreed to by the Parties.

This agreement shall be construed and interpreted by the laws of Connecticut. Should any disagreement arise, the Parties shall first attempt to resolve it through a meeting. Failing that, the issue will be resolved by arbitration in Connecticut according to the rules of the American Arbitration Association. The decision of the single arbitrator shall be final, and costs shall be borne by the losing party.