Terms of Use and End User License Agreement
Last updated: February 2025
I. INTRODUCTION
These Terms of Use and End User License Agreement (collectively, the “Agreement”)
together with all the documents referred to in it constitute a legally binding agreement
made between you as a natural person (“you”, “your” or “user”) and AIBY Inc. (“we,” “us”
or “our”), concerning your access to and use of the Website available at
https://myplantum.com
(hereinafter, the “Website”).
All the documents that relate to the Website are
hereby expressly incorporated herein by reference.
Please read this Agreement
carefully before using the Website.
It is important that you read and understand
this Agreement as by using the Website you indicate that you have read, understood,
agreed and accepted the Agreement. By using the Website you agree to abide by this
Agreement.
If you do not agree with (do not accept) this Agreement, or if you do
not agree at least with one of the provisions of this Agreement, you are not authorized
to, and you may not access and/or or use the Website and you must promptly discontinue
accessing and/or using the Website.
Note that the present Agreement governs only
the use of the Website and does not regulate the use of Plantum mobile Apps introduced
on the Website (hereinafter, “Plantum Apps”). Therefore, if you want to learn the rules
and regulations applicable to Plantum Apps introduced on the Website, please visit the
corresponding Plantum App (for iOS or Android) Terms of Use and End User License
Agreement.
II. CHANGES TO THIS AGREEMENT
We reserve the right, at our sole discretion, to make changes or modifications to this Agreement at any time and for any reason. We will keep you informed about any changes by updating this Agreement and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review this Agreement to stay informed of updates. You will be subject to, and will be deemed to be aware of and to have accepted, the changes in any revised Agreement by your continued use of the Website after the date such revised Agreement is posted.
III. RESTRICTIONS ON WHO CAN USE THE APP
In order to access and/or use the Website, you must be eighteen (18) years of age or
older.
All users who are minors in the jurisdiction in which they reside (generally
under the age of 18) must have the permission of, and be directly supervised by their
parent or guardian to access and/or use the Website, so if you are between the ages of
thirteen (13) and seventeen (17) years and you wish to access and/or use the Website,
before doing so you must: (a) assure and confirm (if needed) that your parent or
guardian have read and agreed (get your parent or guardian’s consent) to this Agreement
prior to your access and/or use the Website; (b) have the power to enter a binding
contract with us and not be barred from doing so under any applicable laws.
Parents
and guardians must directly supervise any access and/or use of the Website by minors.
Any person under the age of thirteen (13) years is not permitted to use the
Website.
You affirm that you are either more than eighteen (18) years of age, or an emancipated
minor, or possess legal parental or guardian consent, and are fully able and competent
to enter into the terms, conditions, obligations, affirmations, representations, and
warranties set forth in this Agreement, and to abide by and comply with this Agreement.
IV. GENERAL TERMS
The Website is developed for educational, general information and promotional purposes. The Website is a reference book where you can search for information about different plant varieties by names and/or descriptive keywords. The Website also contains numerous articles regarding plants, answers to FAQ, descriptions of functionalities and other information regarding Plantum Apps.
The Website is intended only for your personal non-commercial use. You shall use the Website only for the purposes mentioned above. You agree not to use the Website for any illegal, inappropriate or unauthorized purpose or activity.
V. PRIVACY POLICY
Your privacy is very important to us. Accordingly, we have developed the Privacy Policy in order for you to understand how we process, use and store information including personal data. Access to and use of the Website are subject to the Privacy Policy. By accessing and using the Website, you are deemed to have accepted the Privacy Policy, and in particular, you are deemed to have acknowledged the ways we process your information as well as appropriate legal grounds for processing described in the Privacy Policy. We reserve the right to amend the Privacy Policy from time to time. If you disagree with any part of the Privacy Policy, you must immediately stop accessing and(/or) using the Website. Please read our Privacy Policy carefully CLICK HERE.
VI. END USER LICENSE AGREEMENT
By using the Website, you undertake to respect our intellectual rights (intellectual
rights related to the Website’s source code, graphic design, user interface, look and
feel of the Website, content material, copyright and trademarks, hereinafter referred to
as the “Intellectual Property Rights”) as well as those owned by third parties.
As
long as you keep using the Website, we grant you a limited, non-exclusive,
non-transferable, non-sublicensable, non-assignable and revocable right to access and
use the Website pursuant to this Agreement (the “License”).
You may use our Website solely for your own non-commercial purposes. You are bound to
respect the copyrighted and trademarked material within the Website. You cannot sell
pictures, articles, videos, or other materials available on the Website.
The source code, design and content, including information, photographs, articles,
illustrations, artwork and other graphic materials, sounds, music or video (hereinafter
– the “works”) as well as names, logos and trademarks (hereinafter – “means of
individualization”) within the Website are protected by copyright laws and other
relevant laws and/or international treaties, and belong to us and/or our partners and/or
contracted third parties, as the case may be.
These works and means of
individualization may not be copied, reproduced, retransmitted, distributed,
disseminated, sold, published, broadcasted or circulated whether in whole or in part,
unless expressly permitted by us and/or our partners and/or contracted third parties, as
the case may be.
All rights, title and interest in and to the Website and its
content, works and means of individualization as well as its functionalities (1) are the
exclusive property of AIBY Inc. and/or our partners and/or contracted third parties, (2)
are protected by the applicable international and national legal provisions, and (3) are
under no circumstances transferred (assigned) to you in full or in part within the
context of the License herewithin.
We will not hesitate to take legal action
against any unauthorized use of our trademarks, names or symbols to protect and restore
our rights. All rights not expressly granted herein are reserved. Other product and
company names displayed on the Website or mentioned herein may also be the trademarks of
their respective owners.
THIRD PARTIES’ MATERIALS USED ON THE WEBSITE
Some search results on the Website may contain Wikipedia’s text materials, that are distributed under the terms of the Creative Commons Attribution-ShareAlike 3.0 Unported License (“CC BY-SA 3.0”) and/or GNU Free Documentation License (“GFDL”). When Wikipedia’s text materials are used on the Website, the hyperlink or URL to the corresponding page or pages is provided.
NEWSLETTERS
Using a special form available on the Website, you may choose to provide us with your email address along with the respective consent to receive email newsletters from us related to plant news, important changes related to the Plantum Apps, special promotions and discounts (i. e. subscribe to our newsletters). You can unsubscribe, opt-out of receiving our newsletters at any time by using the resignation link provided in each email you receive from us.Note that all content contained in our newsletters is owned by AIBY Inc. and provided to you as a part of the Website's services.You may use and share such content only for your personal non-commercial purposes.
VII. PROHIBITED BEHAVIOUR
You agree not to use the Website in any way that:
- is unlawful, illegal or unathorized;
- is defamatory of any other person;
- is obscene or offensive;
- infringes any copyright, database right or trademark of any other person;
- advocates, promotes or assists any unlawful act such as (by way of example only)
copyright infringement or computer misuse.
You shall not modify, translate into
other languages, reverse engineer, decompile, disassemble or otherwise create derivative
works from the Website or any documentation concerning the Website.
You shall not transfer, lend, rent, lease, distribute the Website, or use it for
providing services to a third party, or grant any rights to the Website or any
documentation concerning the Website to a third party.
Misuse of any trademarks or
any other content displayed on the Website is prohibited.
You shall not copy and/or duplicate and/or distribute and/or publish and/or use any content in the Website, directly or indirectly, by way of a violation of our Intellectual Property Rights.
Moreover, you shall not make any attempts to use the Website or part thereof for
malicious intentions.
Also we are not responsible for the way you use the Website.
It is clarified that we may adopt, against a user who violated the present Agreement, any legal measures at our disposal pursuant to the applicable laws.
VIII. AVAILABILITY OF THE WEBSITE, SECURITY AND ACCURACY
In order to use the Website, you are required to have a compatible electronic device
(computer, mobile phone or tablet) and Internet access.
We do not warrant that the
Website will be compatible with all hardware and software which you may use.
We
make no warranty that your access to the Website will be uninterrupted, timely or
error-free.
You acknowledge that the Website is provided via the Internet,
therefore, the quality and availability of the Website may be affected by factors
outside our reasonable control.
We may add new features to the Website, change, update, upgrade, modify it or anything
described in it without noticing you. If the need arises, we may suspend access to the
Website, or close it indefinitely.
You also warrant that any information that you
submit or send us via the Website is true, accurate and complete.
If you decide not
to use the Website for any reason you should stop accessing the Website.
IX. CHARGES
Note that access to some services and/or additional features within Plantum Apps requires paid subscriptions. The list of Premium options for Plantum Apps is generally provided on the corresponding App’s page on App Store or Google Play. You may have an opportunity to try Premium options during the free trial period as provided on the signup screen. After the free trial period expires an auto-renewing subscription period will start on a regular basis. Please mind that you will be charged automatically unless you cancel your subscription at least 24 hours before the end of the free trial period. When you cancel your subscription you will still have access to basic functions of the Plantum App. Premium options are available during the whole free trial period.
Subscription with a free trial period will automatically renew to a paid subscription. Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription, where applicable. We reserve the right to modify, terminate or otherwise amend our offered subscription plans at any time.
Your subscription will be automatically renewed within 24 hours before the current
subscription ends.
Auto-renew option can be turned off in your Apple ID Account settings / Google Play
Account settings at least 24 hours before the end of the current period. Payment will be
charged to your Apple ID / Google Play Account at confirmation of purchase. No
cancellation of the current subscription is allowed during the active subscription
period. Subscriptions are managed by you. Learn more about managing subscriptions (and
how to cancel them) on
Apple support page
/
Google’s support page. Please note that removing the App from your device does not deactivate your
subscription.
To learn the rules and regulations (including those regarding
possible charges) applicable to specific Plantum App introduced on the Website, please
visit the corresponding Plantum App (for iOS or Android) Terms of Use and End User
License Agreement.
X. THIRD PARTY WEBSITES AND RESOURCES
The Website may link you to other sites on the Internet and contracted third parties to provide you certain services. We have no control over and accept no responsibility for the content of any website or mobile application to which a link from the Website exists (unless we are the provider of those linked websites or mobile applications). Such linked third party websites and mobile applications are provided “as is” for your convenience only with no warranty, express or implied, for the information provided within them.
You acknowledge sole responsibility for and assume all risk arising from your use of any
third party websites or resources.
If you have any queries, concerns or complaints
about such third party websites or mobile applications (including, but not limited to,
queries, concerns or complaints relating to products, orders for products, faulty
products and refunds) you must direct them to the operator of that third party website
or mobile application.
XI. DISCLAIMER OF WARRANTIES
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. THE SERVICES AND ALL THE MATERIALS, INFORMATION, SOFTWARE, CONTENT INTEGRATED IN THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE MERCHANTABILITY, TECHNICAL COMPATIBILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY SERVICE, PRODUCT, CONTENT OR MATERIAL PROVIDED PURSUANT TO THIS AGREEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED ON OR THROUGH THE WEBSITE OR ITS SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
We do not guarantee the accuracy, completeness, or exhaustiveness of the information and data found on the Website. The Website does not provide any information that may be interpreted as professional advice. Note that the Website as well as content, information and the services displayed or available via the Website are provided strictly for educational and general information purposes only. You are solely responsible for using any information, content or services displayed or available via the Website. You understand and agree that we are not responsible to you or any other person or entity for any claim, loss, liability, injury or damage caused or alleged to be caused directly or indirectly as a result of the use of application and/or interpretation of any information or content available through the Website. If you apply any information or content provided via the Website, you agree that you do so voluntarily and at your own risk.
XII. LIMITATION OF LIABILITY
IN NO EVENT SHALL WE BE LIABLE FOR DAMAGES OF ANY TYPE, WHETHER DIRECT OR INDIRECT,
ARISING OUT OF OR IN ANY WAY RELATED TO THE WEBSITE AND SERVICES PROVIDED BY THE
WEBSITE. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL,
INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, OR LOSS OF PROFIT OR REVENUES, EVEN IF WE
HAVE BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE
LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO
PRODUCTS, SERVICES AND/OR INFORMATION OFFERED OR PROVIDED BY ANY THIRD-PARTIES AND
ACCESSED THROUGH THE WEBSITE OR BY ANY OTHER MEANS. YOU ALSO SPECIFICALLY ACKNOWLEDGE
THAT WE ARE NOT LIABLE FOR COSTS OR DAMAGES ARISING OUT OF PRIVATE OR GOVERNMENTAL LEGAL
ACTIONS RELATED TO YOUR USE OF THE WEBSITE AND ITS SERVICES IN ANY COUNTRY.
Note
that all content available within or through the Website, including but not limited to
articles, notes in the “Explore” section of the Website, are provided for educational
and general information purposes only. Such content is not intended to be and is not a
substitute for any professional advice. AIBY Inc. expressly disclaims and you expressly
release AIBY Inc. from any and all liabilities arising from any claim, loss, injury
and/or damage resulting from your use of any content available within or through the
Website.
XIII. LEGAL COMPLIANCE
You must represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
XIV. GOVERNING LAW AND CLAIMS
Choice of law and choice of forum clauses. The present Agreement shall be governed by and interpreted, construed in accordance with the laws of the state of Florida, USA.
All disputes and claims, suits, causes of action or proceedings between the parties to this Agreement, whether sounding in contract, tort, equity, law, or otherwise, including those arising out of or related to this Agreement, inter alia, pertinent to its performance, alleged breach shall be (i) governed by, construed in accordance with substantive and procedural laws of the state of Florida, USA, excluding and without giving effect to its choice of law provisions; and (ii) shall be exclusively decided by the courts of competent jurisdiction of the state of Florida, USA, to the exclusion of other courts and fora.
We make no representations that the Website is appropriate or available for use outside
of the USA. Those who access or use the Website from other jurisdictions do so at their
own volition and are responsible for compliance with local law.
If you choose to
access or use the Website from or in locations outside of the United States, you are
responsible for:
a) ensuring that what you are doing in that country is legal; and
b) the consequences and compliance by you with all applicable laws, regulations, bylaws, codes of practice, licenses, registrations, permits and authorizations.
Class Action Waiver. WHILE RESOLVING ANY DISPUTE WITH US AND/OR SEEKING ANY RELIEF FROM US YOU EXPRESSLY AGREE TO WAIVE THE RIGHT TO PURSUE AND/OR PARTICIPATE IN ANY TYPE OF CLASS ACTION LAWSUITS AND/OR PROCEEDINGS.
If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the Website and the services provided by the Website or this Agreement, then you and we agree to send a written notice to each other providing a reasonable description of the dispute, along with a proposed resolution of it. The notice shall be sent based on the most recent contact information. For a period of sixty (60) days from the date of receipt of notice from the other party, you and us will engage in a dialogue in order to attempt to resolve the dispute, though nothing will require either you or us to resolve the dispute on terms which either you or us, in each of our sole discretion, are uncomfortable with.
XV. TERMINATION
We reserve the right to terminate this Agreement at any time at our sole discretion for
any reason.
Upon any termination, (a) the rights and licenses granted to you herein
shall terminate; (b) you must cease all access and/or use of the Website.
XVI. SEVERABILITY
If at any time any provision of this Agreement is or becomes illegal, invalid or
unenforceable in any respect, that provision shall be more narrowly construed so that it
becomes legal, valid and enforceable or, if this is not possible, deleted. The other
terms of this Agreement shall continue to apply with full force and effect.
You
shall not assign or transfer or purport to assign or transfer the contract between you
and us to any other person.
XVII. CONTACT INFORMATION
We reserve the right to respond to your requests, questions, commentaries or suggestions. For these purposes you can contact us via “Contact us” form available on the Website.