Terms of Use

Effective Date: August 24, 2020

These Terms of Use govern your use of “Plant Identification Lite” – mobile application available on App Store owned by Forpio Limited, a company with registered address at: Dafnis, 1, Lakatamia 2334, Nicosia, Cyprus (“Forpio Limited”, “We”, “Us”), that allows you to identify the plant by its picture and get general information (description) about the plant (“Plant Identification Lite”).

Please read these Terms of Use and our Privacy Policy carefully before using Plant Identification Lite. By using Plant Identification Lite (other than to read these Terms of Use for the first time) you are agreeing to comply with these Terms of Use which may change from time to time as set forth herein. If you do not agree to be bound by these Terms of Use, please, do not use Plant Identification Lite.

General disclaimer. Plant identification lite serves for information purposes only. all information provided by plant identification lite is taken from public sources and we are not responsible neither for such information, nor for any possible consequences of their use.

1. License

1.1 License description. Subject to the terms set forth herein, we grant you a non-transferable, non-exclusive license to use Plant Identification Lite for your personal non-commercial purposes by means of download of the Plant Identification Lite from the App Store, installation of it to your device that you own or control, and further use of it in accordance with the terms provided herein and in our Privacy Policy.

1.2 Certain Restrictions. Your use of Plant Identification Lite will be subject to the following restrictions:

1.3 Ownership. Plant Identification Lite and Plant Identification Lite Content are licensed to you and not sold. We (and our licensors, where applicable) own all right, title and interest, including all related intellectual property rights, in and to Plant Identification Lite and Plant Identification Lite Content unless otherwise provided herein. These Terms of Use are not a sale and do not convey to you any rights of ownership in or related to Plant Identification Lite and Plant Identification Lite Content. We (and our licensors, where applicable) reserve all rights not granted under these Terms of Use.

1.4 Content. Plant Identification Lite Content includes the text, images, logos, music, photographs, video content that are incorporated into Plant Identification Lite. The term Plant Identification Lite Content also includes any part of any of Plant Identification Lite Content, or any assemblage, deviation, manipulation, modification, screen print or copy of, or derivative work based on or including any of Plant Identification Lite Content. Plant Identification Lite Content owned by us may only be used as part of Plant Identification Lite and may not be used independently.

1.5 Information. As a part of Plant Identification Lite Content we may provide you information (description of plants) from open sources such as Wikipedia. Such information is licensed to you under the terms of the license under which it was published (as specified via link back to the article in Wikipedia). When using Plant Identification Lite you agree to be bound by the terms of such license.

1.6 Trademark ownership. The name, logo and the product names of Forpio associated with Plant Identification Lite belong to us (or our licensors, where applicable), and no right or license is granted to use them by implication, estoppel or otherwise.

2. User Content

2.1 User Content terms. Plant Identification Lite allow you to upload certain content (particularly, pictures) (“User Content”).

2.2 License. By providing your User Content to Plant Identification Lite, you grant us a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, exploit, modify, publicly display, publicly perform, create derivative works from, incorporate it into other works, change, reformat, and distribute your User Content in connection with providing and operating Plant Identification Lite and related services and/or for our promotional purposes (for example, by displaying on our website, within Plant Identification Lite, in social media, on any website or platform in the internet as we may deem appropriate).

2.3 Restrictions. When uploading your User Content you shall not:

2.4 Review. We reserve the right to review all User Content submitted to Plant Identification Lite and to remove any User Content for any reason, at any time, without prior notice, at our sole discretion. We are not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content if you desire.

2.5 Release. Notwithstanding anything above, you agree that we do not verify your User Content when you upload it. You assume all risks associated with the use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable.

2.6 Feedback. If you provide us any feedback or suggestions (“Feedback”), you hereby assign to Forpio all rights to the Feedback and agree that Forpio shall have the right to use such Feedback and related information in any manner it deems appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary.

3. Subscription

3.1 Plant Identification Lite is free to download but access to the main functionality is provided under the paid subscription (“Subscription(s)”).

3.2 Fee. Subscriptions may be available at different fees chargeable for a set period of time specified in Plant Identification Lite (“Subscription Period”). We in our sole discretion and at any time may modify the Subscription fee. Any Subscription fee change will become effective as of the following Subscription period. You will be provided a reasonable prior notice of any change in Subscription fee. If you do not agree to the change in Subscription fee, you shall cancel your Subscription, and it will expire at the end of the current Subscription period.

3.3 Trial. Trial Subscription is offered free of charge for certain period of time from activation specified in the relevant offer in Plant Identification Lite. If you do not cancel the Subscription within such period, Subscription fee shall be charged from your App Store account when the trial period expires.

3.4 Renewal. Please note that your Subscription begins immediately after the activation of a trial Subscription, not after the trial Subscription. You may cancel a Subscription during its free trial period using the Subscription setting from your account in App Store. Subscription is automatically renewable, unless you turn off it at least 24 hours before the expiry of the current Subscription. Subscription fee shall be taken from your account in App Store. In case Subscription fee cannot be taken from your account in App Store due to absence of monetary funds, invalidity of credit card or for any other reasons, your Subscription is automatically cancelled.

3.5 Purchase processing. You acknowledge and agree that all billing and transaction processes are handled by App Store and are governed by App Store’ terms. If you have any payment related issues regarding Subscriptions then you need to contact App Store.

3.6 No refund. Except when required by law, paid Subscription fees are non-refundable.

3.7 Representations. By purchasing Subscription, you are confirming that you have any and all permission that may be necessary in order to allow you to purchase Subscription. If you are a parent(s) or legal guardian we recommend that you consider any parental controls that may be provided by App Store if you are concerned that your child may make excessive purchases.

4. Modification

We reserve the right, at any time, to modify, suspend or discontinue Plant Identification Lite or any part thereof with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of Plant Identification Lite or any part thereof. Any future release, update or other addition to functionality of Plant Identification Lite shall be subject to the terms of these Terms of Use, unless otherwise provided in terms associated with such addition.

5. Third Parties

5.1 App Store. You acknowledge and agree that the availability of Plant Identification Lite is dependent from App Store. You agree to pay all fees charged by App Store in connection with Plant Identification Lite (if any). You acknowledge that these Terms of Use are between you and Forpio and not with App Store. You agree to comply with, and your license to use Plant Identification Lite is conditioned upon your compliance with, all applicable third-party terms of the Terms of Use (including App Store’ terms and policies) when using Plant Identification Lite. In the event of a conflict between these Terms of Use and the terms of App Store, the terms of App Store shall take priority. App Store is not responsible for Plant Identification Lite, the content thereof, maintenance, support, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement).

5.2 Third-Party sites and platforms. Plant Identification Lite may contain links to third party sites and platforms (Wikipedia, advertisements, social networks features or otherwise) that are not owned or controlled by us. Such links are provided for your reference only. We do not control such third party sites and platforms and are not responsible for the contents or your use of them, and as a result we do not accept responsibility for the availability, suitability, reliability, or content of such third party sites and platforms. Our inclusion of such links in Plant Identification Lite does not imply any endorsement of the material or the views expressed within them.

5.3 Ads. You acknowledge that Plant Identification Lite may be supported by advertising revenues and we may place advertising, promotions or sponsored content on Plant Identification Lite (“Third Party Ads”). You acknowledge that we may not always identify Third Party Ads content. The manner, mode and extent of such Third Party Ads content is subject to change without notice to you. We are not responsible for the availability of these Third Party Ads, or the images, messages, or other materials contained therein. We are not liable for any errors in content or omissions in any Third Party Ads, nor responsible for any losses or damages of any sort incurred as a result of your participation with, use of, or reliance on the Third Party Ads, including any goods, products, or services offered by such Third Party Ads. We may at our sole discretion provide the ability to pay to remove advertisements via the settings menu within Plant Identification Lite.

5.4 Release. You hereby irrevocably and unconditionally release and forever discharge Fprpio (and our licensors, where applicable) from any and all claims, demands and rights of action, whether now known or unknown, which relates to any interactions with, or act or omission of, any third party site or platform or Third Party Ads.

6. Age limits

Before using Plant Identification Lite, you represent that you are at least 13 years old, except in European Economic Area, where Plant Identification Lite is limited to users aged 16 years and above. If you are younger than 13 years (or 16 where applicable), you can only download Plant Identification Lite and use it on your device, if your parent(s) or legal guardian have/has reviewed these Terms of Use and allowed you to download Plant Identification Lite and use Plant Identification Lite subject to these Terms of Use. We may require adequate proof of your identity and age and consent from parent(s) or legal guardian at any time.

7. Indemnity

7.1 Indemnification. You agree to defend, indemnify and hold harmless Forpio (and our licensors, where applicable) from and against any claims, suits, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) brought by third parties resulting from or relating to: (i) your use of Plant Identification Lite, (ii) your User Content, or (iii) your violation of these Terms of Use. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Forpio and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of us. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

7.2 Procedure. Immediately after receiving a correspondent notice from us, seeking indemnification, you shall take control of the defense and investigation of such action and shall employ counsel of reasonably acceptable to us to handle and defend the same, at your sole cost and expense. Forpio failure to cooperate with you will not relieve you of your obligations under this section.

8. As is clause

The plant identification lite is provided “as is” and forpio (and our licensors, where applicable) expressly disclaims any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. forpio (and our licensors, where applicable) makes no warranty that plant identification lite: (a) will meet your requirements; (b) will be available on an uninterrupted, timely, secure, or error-free basis; or (c) will be accurate, reliable, complete, legal, or safe.

9. Limitation on liability

9.1 Limitation. In no event shall forpio (and our licensors, where applicable) be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special or punitive damages, injury of any kind arising from or relating to these terms of use or our privacy practices, even if we have been advised of the possibility of such damages, injury of any kind. Access to, and use of plant identification lite is at your own discretion and risk, and you will be solely responsible for any damage to your computer system, mobile device, loss of data resulting therefrom, injury of any kind including injury to health. Notwithstanding anything to the contrary contained herein, forpio’s liability to you for any damages and injury arising from or related to these terms of use or our privacy practices (for any cause whatsoever and regardless of the form of the action) will at all times be limited to the amount you’ve paid forpio in the prior 6 months (if any). In no event shall our licensors have any liability arising out of or in any way connected to these terms of use.

9.2 Force Majeure. In no event will Forpio be liable or responsible, or be deemed to have defaulted under or breached these Terms of Use, for any failure or delay in fulfilling or performing any term herein, when and to the extent such failure or delay is caused by any circumstances beyond Forpio reasonable control (“Force Majeure Event”), including acts of God, flood, fire, earthquake or explosion, war, terrorism, invasion, riot or other civil unrest, embargoes or blockades in effect on or after the effective date of these Terms of Use, national or regional emergency, strikes, labor stoppages or slowdowns or other industrial disturbances, passage of law or any action taken by a governmental or public authority, including imposing an embargo, export or import restriction, quota or other restriction or prohibition or any complete or partial government shutdown, or national or regional shortage of adequate power or telecommunications or transportation.

10. Changes to these Terms of Use

These Terms of Use may be modified from time to time. If we make changes, we will notify you by revising the date at the top of these Terms of Use. If changes materially affect your rights and obligations, we will notify you of such change by electronic means of communication within Plant Identification Lite and indicate when such changes are effective so you can decide whether you accept it. Continued use of Plant Identification Lite upon the effective date of changes to these Terms of Use shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

11. Term and Termination

11.1 Term. These Terms of Use apply from when you start using Plant Identification Lite (other than to read these Terms of Use for the first time) and will remain in full force and effect while you use Plant Identification Lite until terminated as specified below.

11.2 Your right to terminate these Terms of Use. You may terminate these Terms of Use with immediate effect by deleting Plant Identification Lite from your device. Upon termination of these Terms of Use, your right to use Plant Identification Lite will automatically terminate immediately. You understand that any termination may involve deletion of your User Content. We will not have any liability whatsoever to you for any termination of these Terms of Use, including deletion of your User Content. Only if Forpio continues to operate Plant Identification Lite, you may again download Plant Identification Lite. However, any User Content cannot be restored.

11.3 When we can terminate Terms of Use. We may terminate these Terms of Use and your use of Plant Identification Lite, or suspend your use of Plant Identification Lite, immediately without written notice to you in the following cases:

11.4 Termination of Plant Identification Lite Content license. We may discontinue licensing any of Plant Identification Lite Content at any time at our sole discretion.

12. Notice

Any notice provided to Forpio pursuant to these Terms of Use should be sent to [email protected].

13. Maintenance and Support

If you think Plant Identification Lite does not work correctly please contact us at [email protected].

14. Applicable law and dispute resolution

14.1 Applicable law.Any issue relating to the use of Plant Identification Lite will be governed by the laws of the United States without regard to conflicts of laws principles.

14.2 Dispute resolution. The parties will endeavor to resolve all disputes, controversies and claims that may arise in connection with the execution, termination or invalidation of the Terms of Use by negotiations. The party which has any claims and/ or disagreements shall send message to the other party indicating the claims and/ or disagreements that have arisen. The message is sent to the following e-mail address: to you – to the e-mail address connected with your Apple ID; to Forpio – to [email protected]. If dispute, disagreement or claim was not solved by negotiations, such dispute shall be resolved in the competent courts of the Nicosia, Cyprus.

15. Miscellaneous

15.1 Severability. If any provision of these Terms of Use is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms of Use will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

15.2 Entire agreement. These Terms of Use is the final, complete and exclusive Terms of Use between you and Forpio with respect to the subject matters hereof and supersede and merge all prior discussions and Terms of Uses between the parties with respect to such subject matters (including any prior Terms of Use or Privacy Policy).

15.3 No waiver of rights. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.

15.4 Titles and interpretation. The clauses titles in these Terms of Use are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”.

15.5 Independent contractor. Your relationship to Forpio is that of an independent contractor, and neither party is an agent or partner of the other.

15.6 Assignment. These Terms of Use and your rights and obligations herein, may not be assigned by you without our prior written consent, and any attempted assignment in violation of the foregoing will be null and void. We may assign these Terms of Use in connection with a merger, acquisition, reorganization or sale of all or substantially all of its assets, or other operation of law, without your consent. The terms of these Terms of Use shall be binding upon assignees.