Project and task management
Time and cost tracking
Team communication and collaboration
By organization size
Last Updated: Jul 10, 2023
Even though the essential features of the Service are free of charge, some features may entail an obligation to pay. Therefore, please pay attention to these Supplemental Terms and other information displayed within Plaky or on the Website.
“Plaky” or “Software” means the software for managing projects, teams, and all types of work, the browser app, all the desktop apps and mobile apps, its updates, upgrades, enhancements, modifications, extensions, new features, and possible replacements provided by CAKE.com, now existing or later developed, and other programs and tools, developed in conjunction therewith, including the cloud-based service, whereby CAKE.com is making available the Software, the User Account, and the Content (including the related mobile apps, desktop apps, and extensions, as well as other computer programs CAKE.com makes available in conjunction therewith) on-demand.
“PlakyServices” means making Plaky available by CAKE.com in any version, in full or in part, including any updates, upgrades, enhancements, modifications, new features, programs and tools.
“Website” means the websites located at https://plaky.com and https://app.plaky.com, as well as the related subdomains, mobile apps, and desktop apps and all browser extensions collectively or each of them individually.
By creating a User Account at Plaky you automatically start your Free Plan. You may choose to switch from the Free Plan to any Subscription Plan at any time. Once you choose to do so, we start to apply the respective subscription fees in accordance with the applicable Subscription Plan.
Anyone who subscribes to any Subscription Plan or anyone who permits or causes another person to make an order on their behalf will be liable for the payment arising from such a subscription. The same rules will apply to anyone who permits to be designated as a payer for a Subscription Plan.
All payments for the Subscription Plan are due in advance by the first day of the billing period.
Prices set out in the Price Plan are subject to change at any time. Any price may change at any time and will become binding on the Enterprise upon the following conditions:
(1) CAKE.com has sent a at least 7-days-period-notice;
(2) The User did not unsubscribe from the Subscription Plan within such a period or by the end of the then-current Subscription Term, whichever date is later.
Such notice may be sent to you by email to your most recently provided email address or posted on the Website or by any other manner chosen by CAKE.com in its commercially reasonable discretion. You will be deemed to have received any such notice that is posted on the Website on the day following the date it was posted.
YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. EXCEPT AS OTHERWISE PROVIDED IN A WRITING BY US, OUR SERVICES AND ANY CONTENT THEREIN ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, CAKE.COM DOES NOT REPRESENT OR WARRANT THAT OUR SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, SECURE, TIMELY, OR WILL BE UNINTERRUPTED OR OF SATISFACTORY QUALITY. WHILE CAKE.COM ATTEMPTS TO MAKE YOUR USE OF OUR SERVICES AND ANY CONTENT THEREIN SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT OUR SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES. USER IS SOLELY RESPONSIBLE FOR ANY DAMAGE USER MAY SUFFER RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CAKE.COM OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF CAKE.COM’S OBLIGATIONS.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to you. In such jurisdictions, if there is a breach of warranty, you may notify Apple if you purchased the App from Apple, and Apple may refund the purchase price for the App, if any. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation or liability whatsoever.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CAKE.COM OR OUR AFFILIATES, AND THEIR RESPECTIVE BUSINESS PARTNERS, LICENSEES, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (“CAKE.COM PARTIES”) BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY—WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE—FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY (INCLUDING LOST PROFITS, ANY BREACH OF SECURITY OR ANY DAMAGE TO YOUR DEVICE, LOST DATA, PERSONAL INJURY, PROPERTY DAMAGE, OR LOSSES ARISING OUT OF YOUR USE OF OR RELIANCE ON THE SERVICES, OR YOUR INABILITY TO ACCESS OR USE THE SERVICES), INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES OR LOST PROFITS, ARISING FROM, RELATING TO, OR IN ANY WAY CONNECTED WITH THE USE OR THE PERFORMANCE OF THE SERVICES, OR THESE TERMS, EVEN IF CAKE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In the event that any of the foregoing limitations are deemed unenforceable or in the event any liability of the CAKE.com Parties is established, to the greatest extent permitted by law, the total aggregate liability of the CAKE.com Parties for any claim arising out of or relating to our Services, regardless of the form of the action, is limited to the greater of $20 or the amount paid by you to use our Services in the preceding twelve (12) months.
You agree that this limitation of liability represents a reasonable allocation of risk and is a fundamental element of the basis of the bargain between CAKE.com and you. You understand that the Services would not be provided without such limitations.
The limitations set forth in this Section 4 will not limit or exclude liability for the gross negligence, fraud, or intentional misconduct of the CAKE.com Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with CAKE.com and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration provision. In addition, arbitration precludes you from suing in court or having a jury trial.
If any provision of these Supplemental Terms is found invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Supplemental Terms, which shall remain in full force and effect. If any provision of these Supplemental Terms violates any mandatory rule of applicable law and proves to be void as a result thereof, such provision shall, for those specific circumstances and only in that particular respect in which it is void, be deemed to have been amended to comply with the law. Any such amendment shall be confined to the minimum necessary to make the provision valid and shall retain as much of its original ambit and meaning as possible. All notices to CAKE.com shall be provided to email@example.com or Oberallmendstrasse 18, 6300 Zug, Switzerland. CAKE.com may give notice to you via the email address associated with your User Account or by mail or courier to the address provided by the applicable Business User. Notice shall be deemed to have been received the next day if given via notice through a User Account or via email, or five (5) business days after posting the notice via courier or registered post. Our failure to exercise or enforce any right or provision of these Supplemental Terms shall not constitute a waiver of such right or provision. These Supplemental Terms (as updated from time to time), including any agreements incorporated by reference herein, constitutes the entire agreement between the Parties relating to the subject matter hereof and supersedes all prior agreements and understandings between the Parties with respect to that subject matter. In case of conflict between any provision herein and any statement, representation, or other information published on the Plaky Services or contained in any other materials or communications, the provision in these Supplemental Terms shall prevail. These Supplemental Terms are binding upon you, your heirs, executors, beneficiaries, successors, and assigns, and you may not assign these Supplemental Terms to any other party without our prior written consent. Such consent may be withheld in our sole discretion, and any purported assignment without such consent shall be null and void. We may assign these Supplemental Terms without notice thereof to you.