Terms of Use and End User License Agreement


Last modified: December 2024

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 ABSoftTech Inc. (“we,” “us” or “our”), concerning your access to and use of “Plantum” software application for mobile devices (the “App”). The App’s title may vary in countries other than the U.S. and is subject to change without specific notice.

All the documents that relate to the App are hereby expressly incorporated herein by reference.

Please read this Agreement carefully before you download, install or start using the App.

It is important that you read and understand this Agreement, as by downloading, installing or using the App you indicate that you have read, understood, agreed and accepted the Agreement which takes effect on the date on which you download, install or start using the App.

If you do not accept this Agreement, or do not agree with at least one of its provisions, you may not access, download, install or start using the App or in case you have already done anything of the above, you must delete the App from any mobile device in your possession or under your control.

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. It is your responsibility to periodically review this Agreement to stay informed of updates. You will be deemed to have accepted, the changes to any revised Agreement by your continued use of the App after the date such revised Agreement is posted.

III. RESTRICTIONS ON WHO CAN USE THE APP

In order to download, install, access or use the App, you must reach the age of majority or legal age in your applicable jurisdiction (i. e. in most jurisdictions you must be at least 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 in order for them to use the App. Therefore, if you are between the ages of thirteen (13) and seventeen (17) years old and you wish to download, install, access or use the App, before doing anything of the above you must: (a) ensure that your parent or guardian have read and agreed (get your parent or guardian’s consent) to this Agreement prior to you using of the App; (b) have the power to enter into a binding agreement with us under any applicable law.

Parents and guardians must directly supervise any use of the App by minors. It is the sole responsibility of parents and guardians to prevent any unauthorized, irrelevant, indecent and/or immoral use of the App by their minors who have not reached the age of majority or legal age in the applicable jurisdiction.

Any person under the age of thirteen (13) is not permitted to download, install, access or use the App.

You confirm that you have either reached the age of majority or legal age in the applicable jurisdiction (at least you are older than eighteen (18) years of age), or you are an emancipated minor, or you possess a legal parental or guardian consent, and are fully able and competent to accept the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement.

IV. GENERAL TERMS

The App is developed for educational and entertainment purposes. The App is a reference book describing the plant varieties that provides search and reсognition functions, plenty of useful articles about plants, gardening and plant care tips. Plant disease identifier available within the App allows users to check their plants, get detailed information about plant disease, as well as proper treatment and prevention recommendations. You can find the full performance list on the App’s page on play.google.com (hereinafter, “App’s page”).

The App is intended only for your personal non-commercial use. You shall use the App only for the purposes mentioned above.

V. PRIVACY POLICY

Your privacy is very important to us. Accordingly, we have developed a Privacy Policy in order for you to understand how we process, use and store information, including your personal data. By accessing the App and continuing to use it you are deemed to have accepted the Privacy Policy, as well as to have acknowledged the ways in which we process your information, and appropriate legal grounds for personal data processing.

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 using the App. Please read our Privacy Policy carefully.

VI. END USER LICENSE AGREEMENT. RULES AND REGULATIONS APPLICABLE TO USER CONTENT

Note that this subsection “INTELLECTUAL PROPERTY RIGHTS RELATED TO THE APP” does not apply to User Content (as defined below in this Agreement). The license terms and other regulations regarding User Content are set forth in this Section VI below under the subtitle “USER CONTENT”.

By using the App, you undertake to respect our intellectual property rights (intellectual property rights related to the App’s source code, UI/UX design, 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 App, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable and revocable right to access and use the App pursuant to this Agreement (the “App License”).

You may use our App solely for your own non-commercial purposes. You are bound to respect the copyrighted material within the App, you cannot sell pictures available in the App..

The source code, design and content, including information, photographs, illustrations, artwork and other graphic materials, sounds, music or video (the “Works”) as well as names, logos and trademarks (the “Means of individualization”) within the App are protected by copyright laws and other relevant laws and / or international treaties, and belong to us and / or our partners, contractors, as the case may be.

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 contractors, as the case may be.

All right, title and interest in and to the App and its content, the Works and Means of individualization as well as its functionalities (1) are the exclusive property of ABSoftTech Inc. and / or our partners, contractors, (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 actions 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 mentioned herein may also be the trademarks of their respective owners.

USER CONTENT

You shall retain the ownership rights to all images you produced yourself and uploaded to the App (hereinafter referred to as “User Content”). However, note that by using the App you hereby grant to us, as well as to our successors, affiliates, agents, assigns or to anyone authorized to act on our behalf, a non-exclusive, worldwide, perpetual, royalty-free, sublicensable, transferable, irrevocable license and right:

For the avoidance of doubt, you acknowledge and agree that you provide the above license and right with respect to the User Content without the requirement to make any payment to you or to any third party. You also agree that you will not pursue or demand from us, our successors, affiliates, agents, assigns or from anyone authorized to act on our behalf any charges or demands in relation to the copyright to the User Content that you’ve uploaded to the App.

You hereby confirm that you will not require that your name be credited and/or indicated as the author and/or co-author of the User Content you upload to the App.

Hereby you also agree that User Content does not contain any personally identifiable information (i.e. human faces or other identifiable parts of human body, images depicting appearance or location, documents revealing identity or other personal identifiers) related to you or other individuals.

User Content that is considered inappropriate - offensive, legally prohibited or immoral, or simply does not fit the purpose of the App - will be blocked without any prior notice or restoring options.

Bear in mind that certain restrictions apply with respect to User Content (check Section VII for more details).

NEWSLETTERS

All users who are registered within the App (signed in to the App with Google or Facebook) or otherwise have provided information about email address are subscribed to our newsletters that are sent to the user’s email from time to time. These emails are intended to keep you informed of the latest news in the world of plants, they also provide useful articles about plant care and inform about upcoming discounts on App subscriptions. From newsletters you can follow the link to leave your feedback about the App and learn about possible upcoming downtime intervals in the App. You can unsubscribe from newsletters at any time using the link provided in the emails you get.

All content of the newsletters is owned by ABSoftTech Inc. and provided to you as a part of the App’s Services.You may use and share it only for your personal non-commercial purposes.

THIRD PARTIES’ MATERIALS INCORPORATED INTO THE APP

The App may contain some 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 in the App, the hyperlink or URL to the corresponding page or pages is provided.

YouTube Data API Service as well as the IFrame Player API are used for making certain audiovisual and other YouTube Content available for viewing via the App. Therefore, by using our App you are automatically agreeing to be bound by the YouTube Terms of Service.

VII. PROHIBITED BEHAVIOUR

You agree not to use the App in any way that:

You shall not make the App available to any third parties. In addition, you shall not modify, translate it into other languages, reverse engineer, decompile, disassemble or otherwise create derivative works based on the App or any documentation related to it.

You shall not transfer, lend, rent, lease, distribute the App, or use it for providing services to a third party, or grant any rights to the App or any documentation concerning the App to a third party.

Misuse of any trademarks or any other content displayed on the App is prohibited.

You shall not copy and / or duplicate, distribute, publish, or use any content of the App, directly or indirectly, in a way that constitutes a violation of our Intellectual Property Rights.

You shall not make any attempts to use the App or part thereof for malicious intentions.

We are not responsible for the way you use the App.

We are entitled to adopt, against any user who violates the present Agreement, any legal measures at our disposal pursuant to the applicable laws.

VIII. AVAILABILITY OF THE APP, ITS SECURITY AND ACCURACY

In order to use the App, you are required to have a compatible mobile phone or tablet, and Internet access.

The App is available for downloading and installing on handheld compatible mobile devices running the required version of Android operating system that is indicated on the App’s page.

We do not warrant that the App will be compatible with all hardware and software that you may use. We make no warranty that your access to the App will be uninterrupted, timely or error-free.

You acknowledge that the App requires Internet connection, therefore the quality and availability of the App may be affected by factors beyond our control.

Please note that we may change or update the App without notifying you. We may suspend your access to the App, or close it indefinitely.

You warrant that any information you submit to us is true, accurate and complete, and you agree to keep it up-to-date at all times.

The version of the App may be upgraded from time to time for the sake of adding new functions and services.

You can discontinue using our Services at any time by choosing the relevant option in your account settings. In case you decide to stop using the App, you should undertake necessary steps to uninstall it.

IX. CHARGES

The App is provided on a free basis. Once you download the App, you will have access to its basic features.

Access to some services and/or additional features within the App (“Premium options”) requires In-App Purchases, including paid subscriptions. The full list of Premium options and pricing is provided on the App’s page. 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 App. Premium options are available during the whole free trial period.

You can choose different subscription options. Subscription prices are in U.S. dollars and may vary in countries other than the U.S. You will have all necessary information about your subscription plan and duration of the free trial period on the signup screen before the purchase.

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.

Subscriptions are automatically renewed for a new billing period (whether weekly, monthly, annually, or another period), and you may be charged no earlier than 24 hours before the beginning of each billing period. You may cancel subscription at any time before the end of the applicable billing period as described here, and the cancellation will apply to the next period. Subscriptions are managed by you. Please note that removing the App from your device does not deactivate your subscription.

You may be charged by your communications service provider for downloading and / or accessing the App on your mobile phone or tablet device, so you should check the terms of agreement with your operator. This may include data roaming charges if you download / access the App outside the state of your permanent residence. All these charges are solely your responsibility. If you do not pay the bills related to your mobile phone or tablet device, then we assume that you have the permission from the person that does it before incurring any of these charges.

X. THIRD PARTY WEBSITES AND RESOURCES

The App 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 App exists (unless we are the provider of those linked websites or mobile applications). Such linked 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 that you must comply with applicable third party terms of agreement when using the App. You are solely responsible for and bear all risks 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 APP AND ITS SERVICES SHALL BE AT YOUR SOLE RISK. THE SERVICES AND ALL MATERIALS, INFORMATION, SOFTWARE, CONTENT INTEGRATED IN THE APP 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, PRODUCTS OR MATERIAL PROVIDED PURSUANT TO THIS AGREEMENT. WE DO NOT WARRANT THAT FUNCTIONS CONTAINED ON OR THROUGH THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT ANY 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 ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY KIND OF VIOLATION ARISING FROM YOUR USE OF THE APP, INCLUDING ANY BREACH OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR DUE TO ANY UNAUTHORIZED ACCESS OR OTHER ILLEGAL ACTIONS BY ANY THIRD PARTY.

As we allow User Content to appear publicly in the App we are not responsible for images uploaded by other users that you may find in the App. Our developers’ team constantly monitors the quality of content using both manual selection and machine tools. The App integrates automatic filtering technologies to detect and block certain kinds of content that is offensive, legally prohibited or immoral, or simply does not fit the purpose of the App. In case if you see any sort of inappropriate content please tell us about this fact using our welcome@absofttech.com email.

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 APP AND SERVICES PROVIDED BY THE APP. 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 APP 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 APP IN ANY COUNTRY.

XIII. GOVERNING LAW AND CLAIMS

Choice of law and choice of forum clauses. The present Agreement shall be governed by and 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) 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 App is appropriate or available for use of the USA. Those who access or use the App 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 App from or in locations outside of the United States, you are responsible for:

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.

XIV. 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 use of the App.

XV. 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.

XVI. CONTACT INFORMATION

We reserve the right to respond to user support requests. If you want to submit a support request or have any questions about this Agreement or the App, please contact us via welcome@absofttech.com email.

Copyright © 2024-2025 ABSoftTech Inc.