End User License Agreement
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.
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.
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.
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.
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.
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.
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.
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.
Contact Information. If You have any questions regarding this EULA, please contact Planter by email at firstname.lastname@example.org.
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.