End User License Agreement

Please read this End User License Agreement (“EULA”) carefully before downloading or using the Planter application (“App”) from Planter LLC (“Planter”), which allows You to access Planter’s internet-delivered service (“Service”) from Your device. This EULA forms a binding legal agreement between you (and any other entity on whose behalf you accept these terms) (collectively “You” or “Your”) and Planter (each separately a “Party” and collectively the “Parties”) as of the date you download the App. Your use of the App is subject to this EULA and Your use of the Service will remain subject to any existing agreement governing such use (the “Terms of Use”). With respect to the use of the App, and to the extent the Terms of Use conflicts with this EULA, the terms of this EULA will govern and control solely with respect to use of the App.

1. License. Planter grants You a revocable, non-exclusive, non-transferable, limited license to download, install, and use the App for Your personal and internal business purposes strictly in accordance with this EULA and the Terms of Use.

2. Your Account. Your use of the App requires that You agree to the Terms of Use.

3. Changes to this EULA. Planter reserves the right to modify this EULA at any time and for any reason. Planter will post the most current version of this EULA at https://www.planter.garden/eula. Your continued use of the App after Planter publishes notice of changes to this EULA indicates Your consent to the updated terms.

4. No Included Maintenance and Support. Planter may deploy changes, updates, or enhancements to the App at any time. Planter may provide maintenance and support for the App, but has no obligation whatsoever to furnish such services to You and may terminate such services at any time without notice. You acknowledge that neither Apple (for iOS App) nor Google (for Android App) has an obligation to furnish any maintenance or support services in connection with the App.

5. Acceptable Use. You agree that You will not use or encourage others to use the App or the Service as accessed through the App in a way that could harm or impair others’ use of the App or the Service. You also agree not to violate the usage limits or controls set forth by: (a) the App Store Terms of Service, for iOS users accessing the App on an Apple product, or (b) Google Play Terms of Service for Android users accessing the App on an Android product.

6. Privacy. In order to operate and provide the Service and the App, Planter may collect certain information about You, including technical and telemetry data related to your use of the App. We use third party service providers to help us collect and analyze this data, including Google Analytics. Planter uses and protects that information in accordance with the Planter Privacy Policy, a current version of which can be found at www.planter.garden/privacy.

7. Consent to Electronic Communications and Solicitation. By downloading the App, You authorize Planter to send You (including via email and push notifications) information regarding the Service and the App, such as: (a) notices about Your use of the Service and the App, including notices of violations of use; (b) updates to the Service and App and new features or products; and (c) promotional information and materials regarding Planter’s products and services. You can review Your account notification settings and adjust Your messaging preferences, including opting-in to additional messages or unsubscribing to certain messaging through the “Notifications” section of the App settings.

8. No Warranty. YOUR USE OF THE App IS AT YOUR SOLE RISK. THE App IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Planter EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. The App is only available for supported devices and might not work on every device. Determining whether Your device is a supported or compatible device for use of the App is solely Your responsibility, and downloading the App is done at Your own risk. Planter does not represent or warrant that the App and Your device are compatible or that the App will work on Your device.

   8.1. iOS Application. In the event of Planter’s failure to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the App. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO (A) THE App, AND (B) ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS, OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY.

   8.2. Android Application. GOOGLE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

   8.3. Web Application. In the event of Planter’s failure to conform to any applicable warranty, You may notify Planter, and Planter will refund the purchase price for the App.

9. Suspension and Termination of the App. Planter reserves the right to suspend or terminate Your access to the App at any time based on the status of Your account under the Terms of Use. You understand that if Your account is suspended or terminated, You may no longer have access to the content that is stored within the Service.

10. Subscriptions and payments. Subscriptions and payments may be available in the App that add additional features. There is no warranty for these additional features. Access to additional features is subject to the terms and duration of the subscription.

11. Intellectual Property Rights. In the event of a third party claim that the App, or Your possession and use of the App, infringes third party’s intellectual property rights, Planter will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

12. Legal Compliance. You represent and warrant that: (a) You are not located in a country that is subject to a United States Government embargo, or that is on Title 15, Part 740 Supplement 1 Country Group E of the United States Code of Federal Regulations; (b) You are not located in a country that has been designated by the United States Government as a “terrorist supporting” country; and (c) You are not listed on any U.S. Government list of prohibited or restricted parties. You further agree not to transport the App to or use the App in any such country.

13. Governing Law. This EULA shall be governed by and construed in accordance with the laws governing Your Terms of Use.

14. Contact Information. If You have any questions regarding this EULA, please contact Planter by email at legal@planter.dev.

15. Third Party Beneficiaries. This EULA is executed between You and Planter and not between you and any other party, including Apple for iOS users and Google for Android users. You agree that any claims brought by You arising out of this EULA or Your use of the App will not be made against Apple or Google, as applicable. Notwithstanding the foregoing, upon Your acceptance of this EULA, allows Apple or Google, as applicable, to enforce this EULA against You as a third party beneficiary thereof. Planter is not responsible for any applicable third-party agreement between You and any third-party, including your wireless provider or internet service provider.