Effective Date: August 24, 2020
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.
1.2 Certain Restrictions. Your use of Plant Identification Lite will be subject to the following restrictions:
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.
2.1 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.
3.1 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.
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.
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.
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.
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.
If you think Plant Identification Lite does not work correctly please contact us at [email protected].
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.
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.