Terms of Service

Last updated: April 9, 2026

These Terms of Service (the “Terms”) are entered into by and between Open Growth Group INC, a Delaware corporation (“Open Growth Group”, “we”, “our”, or “us”), and the entity or individual accessing or using ConFYI PM (“Customer”, “you”, or “your”). If you use the Service for an organisation, you represent that you are authorised to bind it, and “Customer” includes that organisation.

These Terms govern the work-management service at pm.con.fyi, its APIs, applications, integrations, and related services (collectively, the “Service”). By accessing or using the Service, clicking an acceptance control, or accepting an order form that references these Terms, you agree to them. If you do not agree, do not use the Service.

The “Effective Date” is the earlier of your first access to the Service or the effective date of an applicable order form. Section 15 includes an arbitration provision and class-action waiver.

1. Definitions

Authorised User means a person Customer permits to use the Service. Customer Data means data, content, files, text, images, and other material submitted by or for Customer, excluding Usage Data. Documentation means instructions made available for the Service. Order Form means an ordering document that identifies the Service, term, fees, and commercial details. Subscription Term means the paid access period in an Order Form. Usage Data means technical, diagnostic, and usage information about use of the Service that does not include Customer Data.

Confidential Information means non-public business, product, technology, security, and marketing information that is identified as confidential or should reasonably be understood as confidential. Intellectual Property Rights means patent, copyright, trademark, trade-secret, moral, and similar rights. Laws means applicable laws, rules, and regulations.

2. The Service

ConFYI PM is a hosted project, knowledge, and work-management platform. It may include projects, issues, cycles, modules, documents, views, analytics, integrations, APIs, collaboration features, and AI-assisted tools. The deployment uses Plane software, but Open Growth Group INC operates this hosted Service and is responsible for its customer relationship. Open Growth Group INC is not Plane Software, Inc.

Subject to these Terms and applicable fees, we grant Customer a non-exclusive, non-transferable right during the Subscription Term to access and use the Service for its internal business purposes. Access is limited to Authorised Users, and Customer is responsible for their activity and compliance.

Customer must provide accurate account information, protect passwords, API keys, and other credentials, and promptly notify hello@opengrowthgroup.co of unauthorised access. Customer may permit employees, affiliates, and contractors to use the Service for Customer’s benefit while remaining responsible for them.

Customer must not sublicense, sell, rent, or distribute the Service; use it to build a competing service; reverse engineer or copy it except where an applicable open-source licence or law permits; remove proprietary notices; overload or interfere with it; access it through unauthorised automation; violate law; or transmit malicious code.

We may update, modify, or discontinue features. If a change materially reduces core paid functionality during a Subscription Term, we will use reasonable efforts to notify Customer. Features marked alpha, beta, preview, or early access are provided “as is”, without service-level, support, warranty, or indemnification commitments, and may change or end at any time.

3. Deployment and third-party components

Open Growth Group hosts and manages this deployment. Customer accesses it through the web or supported clients and is responsible for its own networks, devices, workspace configuration, access permissions, integrations, and exports or backups it independently maintains.

The Service includes or relies on open-source and third-party components. Those components remain governed by their applicable licences and provider terms. Nothing in these Terms restricts rights granted directly under an open-source licence.

4. Customer Data

As between the parties, Customer retains all right, title, and interest in Customer Data. Customer grants us a non-exclusive, worldwide, royalty-free licence to access, host, use, process, copy, and display Customer Data only as necessary to provide, maintain, secure, support, and improve the Service; address technical issues, fraud, or security incidents; comply with law; and follow Customer’s written instructions.

Customer represents that it has all rights, permissions, notices, and lawful bases required for Customer Data and its processing through the Service. Customer Data must not violate law or third-party rights.

Customer must not submit regulated or specially protected data—including payment-card data, protected health information, or special-category personal data—unless a separate written agreement expressly authorises that processing and Customer complies with all additional requirements.

When we process personal data within Customer Data on Customer’s behalf, Customer is the controller and Open Growth Group is the processor. Applicable data-processing terms prevail over these Terms on conflicting personal-data provisions.

5. AI features

The Service may provide optional AI-assisted generation, summarisation, search, classification, agentic actions, or workflow automation (“AI Features”). Inputs selected for an AI Feature may be transmitted to configured model providers acting as service providers.

We do not use Customer Data to train general-purpose models for other customers. AI output may be inaccurate, incomplete, or unsuitable. Customer must review output before relying on it and remains responsible for decisions, actions, and workflows based on it.

6. Intellectual property and feedback

Open Growth Group, its licensors, and the relevant open-source rights holders retain their respective rights in the Service, Documentation, branding, and technology. Except for the limited access right in these Terms and rights granted by applicable open-source licences, no right is granted to Customer.

If Customer provides suggestions or feedback, Customer grants us a perpetual, irrevocable, worldwide, royalty-free right to use and incorporate it without restriction, obligation, or attribution. We may use Usage Data to operate, secure, analyse, and improve the Service and may share it only in aggregated or de-identified form.

7. Fees and payment

Fees, usage limits, seat counts, currency, and billing terms are stated in the applicable Order Form or plan. Unless stated otherwise, fees are non-refundable except where these Terms or law expressly require a refund, and taxes are Customer’s responsibility other than taxes on our net income.

Subscriptions renew for the period stated at purchase unless cancelled before renewal under the applicable plan or Order Form. Additional seats or usage may be billed or prorated. We may change renewal pricing with reasonable advance notice. Payment may be processed by a third-party processor, and Customer authorises the applicable recurring charges.

Free plans and trials may be limited, changed, or discontinued and are provided without service-level or support commitments. If payment is overdue, we may suspend paid access after reasonable notice. Cancellation prevents future renewal but does not erase accrued fees or create a refund right unless expressly provided.

8. Confidentiality

Each receiving party will protect the other party’s Confidential Information using reasonable care, use it only to perform or exercise rights under these Terms, and disclose it only to personnel and advisers who need access and are subject to protective obligations. These duties do not apply to information lawfully public, previously known without restriction, received lawfully from another source, or independently developed.

A party may disclose Confidential Information when legally required, provided it gives notice where lawful and reasonable cooperation on protective measures. Customer Data is Customer Confidential Information; non-public Service technology, security, and performance information is our Confidential Information.

9. Term and termination

These Terms continue from the Effective Date until all Subscription Terms end. Either party may terminate for an uncured material breach after thirty days’ written notice, or immediately if the other party ceases operations or enters insolvency proceedings. We may suspend or terminate immediately for an incurable breach, unlawful use, serious security risk, or prolonged non-payment.

When access ends, Customer’s right to use the Service ends. Where technically and legally practicable, cloud-hosted Customer Data will remain available for export for up to thirty days, after which it may be deleted, subject to backups and legal retention. Customer is responsible for timely export. Accrued payment duties and provisions that should survive—including ownership, confidentiality, disclaimers, liability, indemnification, and disputes—survive.

10. Warranty disclaimer

Except where expressly stated in writing, the Service is provided “as is” and “as available”. To the maximum extent permitted by law, we disclaim express and implied warranties, including merchantability, fitness for a particular purpose, title, non-infringement, uninterrupted operation, security, and accuracy. We do not warrant AI output or third-party integrations.

11. Limitation of liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, exemplary, or punitive damages or loss of profits, revenue, data, goodwill, or business opportunity, regardless of theory and even if advised of the possibility.

Except for Customer’s payment obligations, prohibited use, confidentiality breach, or either party’s indemnification obligations, each party’s aggregate liability arising from these Terms will not exceed fees paid or payable for the Service during the twelve months before the event giving rise to the claim. These limits do not apply where law prohibits them.

12. Indemnification

We will defend Customer against a third-party claim that authorised use of the Service infringes a patent, copyright, or trademark, and pay finally awarded or approved settlement amounts, except where the claim arises from Customer modifications, unauthorised combinations, Customer Data, or use contrary to these Terms.

Customer will defend and indemnify Open Growth Group from third-party claims arising from Customer Data, Customer’s or an Authorised User’s violation of these Terms or law, or use with third-party services. The indemnified party must promptly notify, provide reasonable cooperation, and permit the indemnifying party to control the defence and settlement, subject to consent for admissions or direct obligations.

13. Third-party services

The Service may integrate with third-party applications, authentication providers, and import or export tools. Their terms and privacy policies govern Customer’s relationship with them. We are not responsible for third-party availability, conduct, changes, or data handling. Customer must ensure that imports, exports, and integrations comply with law and source-platform terms.

14. Privacy and security

Our handling of personal data is described in the ConFYI PM Privacy Policy. We use reasonable technical and organisational measures intended to protect Customer Data, but no system is completely secure. Customer is responsible for its workspace permissions, credentials, devices, and lawful use of personal data.

15. Governing law and dispute resolution

These Terms are governed by Delaware law, without regard to conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

To the fullest extent permitted by law, claims must be brought individually and not as a class, collective, or representative action. A dispute not resolved through good-faith negotiation within thirty days of written notice will be resolved by final and binding arbitration administered by the International Chamber of Commerce under its then-current rules, by one arbitrator, seated in Delaware, conducted in English. Either party may seek urgent equitable relief or pursue an intellectual-property infringement claim in a court with jurisdiction.

16. General provisions

Customer must comply with export-control and sanctions law. Neither party may assign these Terms without consent except to an affiliate or in connection with a merger, reorganisation, financing, or sale of substantially all relevant assets. Neither party is liable for delay caused by events beyond reasonable control.

These Terms, applicable Order Forms, privacy and data-processing terms, and documents expressly incorporated by reference form the entire agreement. Amendments apply on the stated effective date; material changes will receive reasonable notice. Invalid provisions will be modified or severed to the minimum extent necessary. A failure to enforce is not a waiver. The parties are independent contractors, and we may use subcontractors while remaining responsible for our obligations.

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