Last updated July 7th, 2025
Cherryware is represented by
cherryware GmbH
Hechelleite 3b
86919 Utting a. Ammersee
Germany
This Agreement is entered into between you (“you” or “Licensee”) and cherryware GmbH (“we” or “us”) regarding your use of the Project Plan software, including both free and paid versions.
In addition to the Licensee, other natural persons (“End Users”) may access and use the software, provided they are authorized or enabled by the Licensee (e.g., employees, team members, or external collaborators). These Users are also bound by the terms of this Agreement.
Project Plan is intended for professional use only. Sale to private consumers (B2C) is excluded. The minimum age of the licensee is 18 years. By installing or using Project Plan, you warrant that you have the authority to accept this Agreement, and you also agree to be bound by its terms. This Agreement applies to all orders entered into under this Agreement.
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Definitions
For the purposes of these Terms of Service ("Terms"), the following definitions shall apply:
a. Licensee. A "Licensee" is any individual or legal entity that installs and uses the "Project Plan" software provided by Cherryware, regardless of whether the use is free of charge or subject to payment. By installing the software, the user automatically becomes a Licensee and accepts these Terms. Licensees include both users of the free version ("Project Plan FREE") and the paid version ("Project Plan PRO").
b. License. A "License" is the legal right granted by Cherryware to the Licensee to install, access, and use the Project Plan software in accordance with these Terms. The License is established between the Licensee and Cherryware upon installation of the software and/or purchase of License Keys. The type of License granted depends on the version selected: a Free License is granted for use of the Project Plan FREE version, while a Paid License is granted for use of the Project Plan PRO version.
c. Project Plan FREE. "Project Plan FREE" refers to the basic, no-cost version of the Project Plan software. This version provides limited functionality compared to the premium version and is subject to certain feature restrictions.
d. Project Plan PRO. "Project Plan PRO" is the paid, premium version of the Project Plan software. Upon purchase, the Licensee receives one or more License Keys, depending on the selected subscription or usage plan. These keys enable the activation of premium features within the software. A licensed user is entitled to create and edit an unlimited number of project plans across Microsoft Teams, PowerPoint, and Excel, and across multiple teams and channels.
e. End User. An "End User" is any individual who accesses or uses the Project Plan software without necessarily having installed the software themselves. When a Licensee installs Project Plan in a Microsoft Teams workspace, all members of that workspace automatically gain access to the software. However, the Licensee is solely responsible for ensuring that such End Users use the software in compliance with these Terms. End Users are not parties to the License unless they separately install and activate the software themselves.
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Licensing
Project Plan is licensed and not sold. Upon your installation of Project Plan, Cherryware grants you a nonexclusive and limited License to use the software under these terms. The usage of the software is conditional on your acceptance of this agreement. These licenses are solely for Licensee’s own use and are only transferable under the described terms.
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Paid License
a. Paid Licenses are granted per person. One person/employee can use each License on a maximum of 3 devices. The paid Project Plan License must only be used by that individual person. When an employee leaves the company, the Licensee ensures that any paid Project Plan License is removed from the machine (“unregister device”).
b. License transfers. Paid Licenses can be transferred to another person two times per year, e.g. in the event of an employee leaving the company. Cherryware is informed about the License transfer and takes measures to prevent misuse of License transfers.
c. Duration of paid Licenses. Our resellers offer two types of paid Licenses: (a) subscription-based Licenses with a term of one year, which automatically renew for successive one-year periods unless either party gives notice of termination prior to the end of the then-current term, in accordance with the reseller's terms; and (b) one-time purchase Licenses with a fixed term of three years, which automatically expire at the end of the three-year period without renewal.
d. License Key. After purchase, the Licensee will receive one or many License keys, which enables to upgrade from Project Plan FREE to Project Plan PRO. The License key must never be shared with public, written on any forum or website or shared with any unauthorized persons. Otherwise, the License key will become invalid and the License itself will become void. No refund will be paid in these cases and the Licensee is liable for any damages resulting from intentional misuse or grossly negligent behavior.
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Product Development
During the licensed usage of Project Plan, the software itself will be continuously developed and improved with new features. The Licensee agrees that the software continuously changes during the licensed period.
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Responsibility for End Users
The Licensee, regardless of whether holding a Free or Paid License, is solely responsible for ensuring that all End Users who access or use Project Plan within the Licensee’s Microsoft Teams environment comply with these Terms and Conditions. By making the software available to other members of a Microsoft Teams group, the Licensee acknowledges and agrees to be fully liable for any breach of these Terms by such End Users. This includes, but is not limited to, any misuse of the software, violations of intellectual property rights, or unauthorized use of premium features. It is the Licensee’s obligation to ensure that End Users are informed of and adhere to the relevant provisions of these Terms.
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Reservation of Rights
Cherryware reserves all rights not expressly granted in this Agreement. The intellectual property and the source code of Project Plan remains with Cherryware and is protected by copyright and other intellectual property laws and international treaties. No rights will be granted or implied by waiver or estoppel. Rights to access or use Project Plan on a device do not give Licensee any right to implement Cherryware’s patents or other intellectual property in the device itself or in any other software or devices.
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Restrictions
Licensee must not (and is not licensed to): (1) modify, reverse engineer, decompile, or disassemble Project Plan, or attempt to do so; (2) extract or copy the source code of Project Plan (3) install or use any third-party software or technology in any way that would subject Cherryware’s intellectual property or technology to any other license terms; (4) use Project Plan for any unlawful purpose; The licensee is fully liable for any damage that occurs from breaking these restrictions.
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Feedback
Any user feedback, feature requests or ideas are given voluntarily, and the provider grants to the recipient, without charge, a non-exclusive license under provider’s owned or controlled non-patent intellectual property rights to make, use, modify, distribute, and commercialize the Feedback as part of any of recipient’s products and services, in whole or in part and without regard to whether such Feedback is marked or otherwise designated by the provider as confidential. The provider retains all other rights in any Feedback and limits the rights granted under this section to licenses under its owned or controlled non-patent intellectual property rights in the Feedback (which do not extend to any technologies that may be necessary to make or use any product or service that incorporates, but are not expressly part of, the Feedback, such as enabling technologies).
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Reseller
Our order process is exclusively conducted by one of our two online resellers, Paddle and Microsoft. Paddle and Microsoft are the Merchant of Record for all our orders. The resellers provide all customer service inquiries and handle returns.
During the purchase process on our website, a website from Paddle.com is embedded to handle the purchase. By accepting these terms and continuing the purchase process, you also accept the terms and data privacy regulations of our reseller.
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Refund Policy when purchasing through Paddle
When purchasing your license through our reseller Paddle, you have the right to cancel and return your paid license within 14 days without giving any reason. The cancellation period will expire after 14 days from the day after completion of the transaction. To meet the cancellation deadline, it is sufficient that you send your communication to Paddle concerning your exercise of the cancellation right before the expiration of the 14 day period.
To cancel your order, you must inform Paddle of your decision. To ensure immediate processing, please do so by contacting them here. Please note that in respect of subscription services your right to cancel is only present following the initial subscription and not upon each automatic renewal.
Refunds are provided at the sole discretion of our online reseller Paddle.com and on a case-by-case basis and may be refused. Paddle will refuse a refund request if they find evidence of fraud, refund abuse, or other manipulative behaviour that entitles Paddle to counterclaim the refund.
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Refund Policy when purchasing through Microsoft
When purchasing your license through Microsoft, you have the right to cancel and return your paid license within 3 days (72 hours) without giving any reason. The cancellation period will expire after 72 hours from the completion of the transaction. To meet the cancellation deadline, the customer must cancel the subscription in the Microsoft admin center.
Please note that in respect of subscription services your right to cancel is only present following the initial subscription and not upon each automatic renewal.
Refunds are provided at the sole discretion of Microsoft and on a case-by-case basis and may be refused. Microsoft will refuse a refund request if they find evidence of fraud, refund abuse, or other manipulative behaviour that entitles Microsoft to counterclaim the refund.
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Data retention
a. Project plan data that is no longer in active use is automatically deleted after a set period of time. Data of users without an active PRO license will be deleted 6 months after the last read/write access. Data of users with an active PRO license will be deleted 2 years after the last read/write access.
b. In addition, project plan data becomes indecipherable when the last reference (e.g. a tab in Microsoft Teams, a PowerPoint slide, or a URL to the plan) to that plan is deleted by the user. It is technically impossible to restore the data.
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Privacy
It is our policy to respect your privacy regarding any information we may collect while operating Project Plan and its website. The policy is descibed in detail in our separate privacy policy document.
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Subcontractors
Licensee agrees to the commissioning of subcontractors to provide the technical solution. We are currently using the following subcontractors: Paddle.net (reseller), Microsoft.com (reseller and cloud provider) and Domainfactory.eu (web hosting).
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SLAs
A paid Project Plan PRO license includes an SLA with a service availability of 99,95% per calendar month. Planned maintenances, communicated upfront on the Project Plan website do not reduce the availability.
The availability is measured by the independent provider "Better Stack".
In case, the availabilty is lower than 99,95% in a month, the licensee has the right to be refunded on a pro-rata basis of the subscription fee for the time when Project Plan was unavailable. The claims expire unless they are intimated within 1 month.
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Verifying compliance
License keys are activated online. Cherryware keeps track of the online activations and reserves the right to decline activation if Cherryware has reasonable grounds to believe that a license key has been shared without authorization or used in violation of this Agreement.
If License verification reveals any unlicensed use, Licensee must, within 30 days, order sufficient licenses to cover the period of its unlicensed use.
Without limiting Cherryware’s other remedies, if unlicensed use is 5% or more of Licensee’s total use of all software licenses, Licensee must reimburse Cherryware for its costs incurred in verification and acquire sufficient licenses to cover its unlicensed use at 125% of the then-current Licensee price or the maximum allowed under applicable law, if less. All information and reports related to the verification process will be Confidential Information and used solely to verify compliance.
Cherryware generates a random client ID for every Project Plan client to verify that a Project Plan license key is not used from more than three devices.
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Limitation of Liability
Cherryware’s maximum, aggregate liability to Licensee is limited to direct damages finally awarded in an amount not to exceed the amounts Licensee was required to pay for Project Plan during the term of the applicable licenses. For Project Plan PRO subscriptions, Cherryware’s maximum liability to Licensee for any incident giving rise to a claim will not exceed the amount Licensee paid for Project Plan during the 12 months before the incident. For the free Project Plan offering, Cherryware does not take any liability. In no event will Cherryware be liable for indirect, incidental, special, punitive, or consequential damages, or loss of use, loss of profits, or interruption of business, however caused or on any theory of liability.
Notwithstanding the foregoing, neither party limits its liability in respect of fraud or fraudulent misrepresentation; death or personal injury caused by negligence; or any matter for which it would be unlawful for the parties to exclude liability.
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Changes to this Agreement
We may make changes to this Agreement from time to time. When we do, we will revise the “Last updated” date given above. Modifications are effective immediately for any licensees who (a) install or use the software, (b) purchase a new license, (c) or renew their license subscription, on or after the date of publication. The new version of the Agreement will supersede all previous versions. If we make material changes, you may choose to terminate your agreement with us by not renewing your subscription and uninstalling the software. Continued use of our services will constitute your acceptance of the updated terms.
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Miscellaneous
a. Entire Agreement. This Agreement supersedes all prior and contemporaneous communications, whether written or oral, regarding the subject matter covered in this Agreement. If there is a conflict between any parts of this Agreement, the following order of precedence will apply: (1) Order; (2) this Agreement; (3) Service Level Agreement (SLA); and (4) Documentation.
b. Severability. If any part of this Agreement is held to be unenforceable, the rest of the Agreement will remain in full force and effect.
c. Waiver. Failure to enforce any provision of this Agreement will not constitute a waiver. Any waiver must be in writing and signed by the waiving party.
d. No third-party beneficiaries. This Agreement does not create any third-party beneficiary rights except as expressly provided by its terms.
e. Applicable law and jurisdiction. The German laws govern the interpretation of these terms, claims for breach of them, and all other claims, regardless of conflict of law principles. The exclusive place of jurisdiction for all disputes arising from or in connection with this Agreement shall be Munich, Germany.
Link to the Data Privacy Policy