Updated: June 24, 2024
Thanks for using Plant AI! These Plant AI Terms of Use (as amended from time to time, the “Terms”) are applicable to “Plant AI”, an online plant recognizing and diagnosing services (together, the “Services”) provided to users (“you” or “your”) by AIFlame Technology PTE. LTD. (“we”, “our” or “us”).
These Terms form a contract between you and us, which does not require any physical, electronic or digital signature. Your consent to these Terms constitutes the prerequisite for you to use Plant AI and/or our Services, so please read these Terms carefully before using.
Use of Plant AI (including but not limited to download, installation, browse, activation, registration, login, use, paying for use) by you signifies your agreement to these Terms. If you do not accept these Terms, you shall not use Plant AI in any manner.
Any user who has not created an account with Plant AI will become a non-registered user from the moment Plant AI is used by them, and shall abide by all the terms herein other than those applicable to registered users.
These Terms contain important provisions related to children. Any user under 17 years old or the minimum age legally permitted in your jurisdiction to use services (including but not limited to online/offline computer software, commercial/non-commercial services, paid/non-paid services) shall not use Plant AI without their parent’s or legal guardian’s permission. If you are a child user, you should review these Terms with your parent or legal guardian to make sure that you and your parent or legal guardian fully understand and agree to them. If you are a parent or legal guardian accepting these Terms on behalf of your child, you are responsible for the compliance with these Terms by you and your child. Any use of Plant AI by a child shall be deemed to have been permitted by and under the supervision of their parent or legal guardian.
These Terms contain important provisions on purchase and payment. All purchases and payments with Plant AI are deemed to be operated by an adult, or consented by the guardian of child. Pursuant to these Terms and subject to applicable laws, users are not entitled to any refund for a completed purchase without due reason. To the maximum extent permitted by applicable laws, no refund request will be accepted for our Services on the ground of a child user’s purchase or payment by mistake or accident.
If you and/or your child continue to use Plant AI and/or our Services after these Terms have been updated, you shall be deemed to have agreed to be bound by the updated version hereof. If you do not agree, you and/or your child shall cease using Plant AI, or you may use the pre-update version (but only to the extent technologically plausible).
We attach great importance to the protection of user personal information. We will collect, use, preserve and share your and/or your child’s personal information in accordance with these Terms, our Privacy Policy and applicable laws. We may synchronize your and/or your child’s personal information among your different mobile devices, in order to provide you and/or your child with better services.
You shall read and agree to our Privacy Policy before using Plant AI. Using Plant AI suffices the consent to our Privacy Policy. If You do not agree to the terms thereof, you and/or your child shall immediately stop accessing or using Plant AI.
For details, please review our Privacy Policy.
3.1 We attach great importance to child user protection. In accordance with applicable laws, you acknowledge and undertake that you are an adult or the parent and/or legal guardian of a child user. We provide Plant AI to a child user only after his/her parent and/or legal guardian has fully read and agreed to these Terms. We have the right to stop providing our Services to the child once we are aware that his/her parent and/or legal guardian has not given consent.
3.2 Parents and/or legal guardians shall guide their children to pay attention to the safety of accessing the Internet. Payment is not allowed to be made by child users to Plant AI, and only a parent and/or legal guardian may process payment.
3.3 The protection of child users’ personal information will be implemented strictly following our Privacy Policy and applicable laws. For details, please refer to our Privacy Policy.
4.1 For purpose of these Terms, Plant AI and/or our Services include: Plant-Searching:
1. You can take a photo of the plant that you want to know what is it, then our AI algorithm will search in our online plant bank and provide you an answer;
2. Premium Services: If you subscribe to our value-added paid services, you will become a Premium user and access to our Diagnosis function. By using our AI supported diagnosis system, you will be notified what disease your plant(s) suffers and if any solution is available; and
3. Our other services provided to users.
4.2 The official Plant AI mobile application is available on platforms such as App Store and Google Play. These platforms are the only authorized channels to download the Plant AI app. We do not recognize the validity of any products and/or services that you has obtained through any other channels, or any products and/or services not within our official price range. We shall have the right to refuse to provide services to users of such products and/or services. All risks and liabilities arising therefrom shall be assumed by you. If you are not able to determine whether a particular channel is authorized or whether a particular product and/or service are our official Services, you may contact us.
4.3 You shall only use our Services provided in Plant AI, and any contents separated from Plant AI by malicious and/or illegal means shall not be deemed as Plant AI and/or our Services as agreed herein. All legal consequences arising therefrom shall be borne by the perpetrator, and we will seek legal recourses against them in accordance with applicable laws.
4.4 Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right and license to access and use Plant AI and/or the search feedback derived therefrom (the “Derivative Contents”); however, you have no title or intellectual property rights in any of the Derivative Contents.
4.5 We reserve the right to stop or amend any of our Services in our sole discretion without prior notice to you. We will not be liable if for any reason all or any part of Plant AI and/or our Services are unavailable at any time. From time to time, we may restrict all or any part of any user’s access to and/or use of Plant AI and/or our Services.
4.6 Use of Plant AI requires one or more compatible devices, Internet access (fees may apply), and certain software (fees may apply), and may require completing updates or upgrades from time to time, so you and/or your child’s ability to access and use Plant AI may be affected by those factors. High speed Internet access is recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility.
4.7 When using Plant AI, you may access data or services provided by third parties (such as payment channels, third-party web links and third-party SDKs). You understand and agree that we will not be responsible for any liabilities arising out of or in connection with any third-party products and/or services, except as otherwise provided by applicable laws. You are kindly reminded to carefully read the service terms, privacy policies and other agreements from the third parties before using any of their products and/or services.
5.1 Account Registration
You’re not required to register an account with us to use Plant AI. As a non-registered user (“Guest”) you are limited to use our Recognize function, and total three (3) chat with AI allowance. Guest has no access to Diagnose function.
If you prefer to use our Premium Services, you’re also not required to register an account with us. You’re required to register and pay the Premium Services via Apple AppStore, or Google Play. As a Premium Services user, you will be able to access to the Diagnose function and unlimited chat with AI.
6.1 User Rights
You may only use Plant AI for lawful purposes and to the extent expressly authorized by these Terms. During use of Plant AI.
6.2 User Obligations
6.2.1 You understand and agree that you shall bear any and all telecommunication traffic charges (if any) occurred from your and/or your child’s use of Plant AI or our Services, and the telecommunication fees may be charged directly by network operators.
6.2.2 You understand and agree to abide by these Terms, review regularly and comply with all Terms of Use published and updated.
6.2.3 You understand and agree that, during use of Plant AI, you shall comply with applicable laws, observe public order, respect social morality, and shall not endanger network security or use the Internet to engage in illegal activities. In the event that we reasonably believe that you have violated any applicable laws, we may terminate our Services to you without prior notice.
6.2.4 You understand and agree that you shall not engage in any of the following activities during use of Plant AI:
1. upload, transmit and spread any contents in violation of applicable laws;
2. harm, exploit, or attempt to exploit others in any way;
3. impersonate any person, or falsely state or mislead any person, to believe that he or she is related to or affiliated with any person or institution;
4. falsify or otherwise manipulate the chatting materials in such a way that it is mistaken for being transmitted by us; upload, post, or otherwise publish unlicensed or illegal contents (e.g., infringing materials or confidential information);
5. Upload, post, or otherwise transmit advertising or promotional materials, “junk mail” and so on;
6. upload, post, or otherwise transmit software viruses or other computer codes, files, and programs that interfere with, damage, or restrict the functionality of any computer software, hardware, or communication device;
7. track or otherwise harass others, e.g., illegally invading others’ networks, interfering with the normal functions of others’ networks, stealing network data and perform other acts endangering network security;
8. provide others with programs and tools used for network intrusion, interference with normal network functions and protective measures, stealing network data, and conducting other activities endangering network security, or provide technical support, advertising promotion, payment and settlement and other assistance to others who are known having engaged in activities endangering network security;
9. interfere with or disrupt Plant AI or the servers and/or networks connected to Plant AI, or fail to comply with the Terms of Use hereof;
10. reverse engineer, disassemble, decompile, or otherwise attempt to discover the source code of Plant AI;
11. violate any applicable laws, regulations, rules, policies and other legally effective norms in any manner;
12. use any manual process to monitor or copy Plant AI, or for any other purpose not expressly authorized in these Terms, without our prior written consent;
13. use any device, software, or routine that interferes with the proper working of Plant AI;
14. introduce any viruses, Trojan horses, worms, logic bombs, or other materials that is malicious or technologically harmful;
15. attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of our Services;
16. in any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity; or
17. engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Plant AI and/or our Services, or which, as determined by us, may harm or offend us or other users or expose them to liability.
6.2.5 You understand and agree that subject to applicable laws, your violations of applicable laws and these Terms, and infringement of our or other third-party’s rights and interests will be recorded by our device at back-end office and may be submitted to the relevant government authorities as evidence.
7.1 We will charge you fees for our Premium services.
7.1.1 For iOS, Premium services are available in yearly plan. Please refer to the Premium Services page for details on the plan rates. All rates indicated on such page are for our paid Services only and are exclusive of any taxes, charges, or fees that may be levied on your purchase. All rates indicated on such page are subject to changes with or without expressive notice.
Please note that a plan for the Premium services will be automatically renewed unless it is cancelled on or before the last day of the subscription period. As a result, we will bill you on the date of subscription and on each periodic renewal until cancellation.
7.1.2 For Android users, the Premium services are available in yearly plan. All rates indicated are for our paid Services only and are exclusive of any taxes, charges, or fees that may be levied on your purchase. All rates indicated on such page are subject to changes with or without expressive notice.
7.2 You fully understand and agree that, the scope of our Services you have paid for is limited to those as described at the time of payment. Plant AI and/or our Services may be updated or expanded from time to time. You need to make additional payment for such updated or expanded services, at the then effective price notified by Plant AI.
7.3 If we come across any typographic errors with respect to pricing or services information, we shall have the right to rectify the same or cancel the order(s) and refund monies, if any, collected from you within 90 business days of such corrective action taken.
7.4 You hereby confirm that you are not registered or required to be registered under the applicable laws and regulations governing goods and services tax (GST). Accordingly, you confirm that the goods and services tax is not applicable to the services provided by and/or to you through Plant AI.
In the event that the goods and service tax is applicable on the services provided by and/or to you, you shall inform us about the same no less than 14 days in advance through written communication sent to us (see Contact Us section below) along with details of your tax identification number assigned to you by the relevant tax authorities for the purposes of goods and services tax. Upon receipt of the written information, we shall collect goods and service tax at source in terms of the provisions of the local applicable laws at the relevant point in time and pass on the credit to you by filing the relevant returns.
It is hereby confirmed that we shall not be responsible for any of your tax liability arising from the services rendered by you through Plant AI.
Further, in case of any tax, penalty or any other costs incurred by us due to non-compliance or non-communication or any other action or omission attributable to you in relation to the aforementioned aspects on goods and service tax, such implications including but not limited to taxes, interest and penalties, shall be immediately reimbursable by you to us.
7.5 You understand and agree that your payment for the aforesaid services includes payment to us via a third-party payment SDK (limited to Apple Pay and Google Pay) that we have access to, and you can complete payment through third-party app stores such as Apple App Store.
7.6 You understand and agree that any possible commercial risks arising from the use of third-party payment methods may cause economic losses to you. We shall not be liable for any of the aforesaid risks and losses caused to you as long as we fully perform our obligations under these Terms and comply with applicable laws. You are kindly reminded to carefully read the service agreement, privacy policy and other legal documents of the third parties before using their services.
7.7 You may cancel your subscription at any time.
7.8 You understand and agree that, subject to applicable laws, any user payment made in accordance with our rates and policies will not be refunded, even if the subscription is subsequently cancelled.
8.1 Except as otherwise expressly indicated, provided herein or stipulated under applicable laws, all the intellectual property rights (including without limitation patent rights, trademark rights, copyrights, trade secrets) of the contents we offer (including but not limited to any webpages, texts, pictures, audios, videos, charts, interface designs, layout frames, data and procedures, codes, files, animations) shall belong to us. All the intellectual property rights of the contents generated during your use of Plant AI and/or our Services shall belong to us in accordance with applicable laws, and you shall not, without our written consent, implement, use or otherwise exploit such intellectual property, information or materials in any manner.
8.2 Unless otherwise expressly provided herein or stipulated under applicable laws, all copyrights, patents, trademarks and other intellectual property rights of the software on which we rely to provide Plant AI and/or our Services shall be ours.
Without our prior written authorization, you shall not use (including but not limited to copying, disseminating, displaying, mirroring, uploading, downloading, modifying, leasing, operating through any robot, spider or other program or device), modify, adapt or translate the software, technology or materials used by Plant AI, or create products or derivatives relating to Plant AI, or provide any part of or all Plant AI to any third party, or obtain source code of Plant AI through reverse engineering, decompilation, disassembly or other similar actions; otherwise, we have the right to hold you liable for any losses caused to us and/or others, and to report the above actions to the law enforcement or regulatory authorities as appropriate.
8.3 AI Contents
8.3.1 As you use Plant AI, some answers, responses, comments, suggestions, or other forms of feedback will be generated by the AI-based computer system (“AI Contents”). You understand and acknowledge that all AI Contents are the products of AI computer programs, and we cannot predict, edit or control the creation and substance of AI Contents. You understand and acknowledge that Plant AI is not responsible for the accuracy of the AI contents.
8.3.2 Pursuant to applicable laws and regulations, Plant AI owns the intellectual property rights of the AI Contents that are generated as a result of and during your use of Plant AI. To the extent that we are the intellectual property rights owner of such AI Contents, you are forbidden to use such AI Contents for commercial purpose without Plant AI’s expressive consent.
8.3.3 You acknowledge and accept that the AI question resolving model in Plant AI may evolve based on user inputs, and thus impressions, values and biases received from Plant AI may be perpetuated or reinforced. All ideas, thoughts, feedback, responses, contents expressed in Plant AI are in no way attributable to us and/or our directors, executives, employees, and agents, and any potential liability for such contents and/or their expression is hereby explicitly excluded to the fullest extent permitted by applicable laws. In particular, we will not be responsible for any risk that is inherent in the operation of AI question resolving model, including without limitation:
1. providing false, inaccurate, or incomplete information on any subject that you may raise;
2. providing contents or materials that might be offensive, deceptive, harmful, or otherwise inappropriate;
3. making discriminatory statements (as a result of machine learning) against certain individuals or groups of people;
4. giving information that may cause distress to an individual or affect an individual’s self-esteem; and
5. inciting violent behaviors against another person or group or other illegal actions.
8.4 You shall not under any circumstances use, delete without permission, cover up or alter any of our business logos including but not limited to the logo “Plant AI” (including the text, graph and combination of our and affiliated company’s logo, “Plant AI”, and the name of other logos, signs, and/or our Services), service marks, trade names, domain names, website names or other distinctive brand characteristics (the “Logos”). Without our prior written consent, you shall not display, use or apply for the registration of trademarks, domain names, etc. individually or in combination with any ways, nor shall you express or imply to others that you have the right to display, use, or otherwise have the right to dispose of such Logos, nor shall you engage in any other acts that would mislead others to believe that you are associated with such Logos. You shall be held fully liable for all losses and damages caused to us and/or others by you as a result of the use of such Logos in violation of these Terms.
8.5 You represent that all texts, images, data, information and other contents (“Licensed Contents”) uploaded by you to Plant AI are owned by or legally authorized to you and/or your child and that you and/or your child have the right to upload the Licensed Contents as you do. You hereby authorize us to use such contents in the manner as agreed herein. The intellectual property rights of any contents uploaded by you shall belong to you or the original copyright owner per applicable laws. In case that any dispute arises out of or in connection with any Licensed Content uploaded by you, you shall be solely responsible for resolving such dispute and all subsequent liabilities arising therefrom. In case that any third party claims any rights and/or interests in the Licensed Contents against us, you shall actively defend against the third party, on our behalf or, at our request, provide us with all necessary cooperation and assistance in defending against such third party (including but not limited to the provision of supporting documents, materials, information, etc. relating to the Licensed Contents). In case that any loss is caused to us as a result of any infringement or any other defects in rights of the Licensed Contents uploaded by you, you shall compensate us for all losses caused thereby.
8.6 You understand and agree that, from the date of uploading the Licensed Contents to Plant AI and subject to applicable laws and our privacy practices, you grant us a permanent, irrevocable, free of charge, perpetual, non-exclusive, sublicensable (multi-tiered) license (including but not limited to, all intellectual property rights such as the right of reproduction, communication through information networks, adaptation, compilation, modification, translation, making derivatives, performance and display except for the right of signature) to use the Licensed Contents worldwide, and to use, develop or license all or part of the Licensed Contents in any analysis of our Services. The scope of our rights includes, but is not limited to, all uses on all applications and end devices that may be available at present or in the future, such as smartphones, tablets, PCs, smart watches, smart screens, smart speakers, etc.
For the avoidance of doubt, the above license includes the use, reproduction, display and dissemination of the Licensed Contents owned by or licensed to you for the purposes and in the manners permitted under these Terms.
8.7 You acknowledge and agree that we have the right to act in our name or in the name of your trustee or entrust others to protect the rights of the Licensed Contents that are infringed, and the actions we may take include, but are not limited to monitoring the infringing actions, sending letters, initiating litigation or arbitration, mediation, settlement, etc. In such case, you further agree that we have the right to make decisions and take actions as we deem fit; at our request, you shall actively provide necessary assistance (including but not limited to providing supporting documents, materials, information) to support our actions and all compensation (if any) obtained from the actions to protect the Licensed Contents shall be shared with us in halves after deducting our costs incurred in connection with the actions.
9.1 General
This copyright policy applies to you if you submit content on a AIFlame Technology PTE. LTD. d/b/a Plant AI (“Plant AI”) service.
Plant AI respects the rights of all content creators and takes copyright seriously. It is our policy to respond to clear and valid notices of alleged copyright infringement. If you are a copyright owner and find content on a Plant AI service that infringes on your copyright, please read the Claims of Copyright Infringement section below for how to submit a notice of infringement.
Users of our services are prohibited from uploading, posting, or otherwise distributing through the services any content which may violate another party’s intellectual property rights. In other words, only submit your original work and not works created by someone else without their express authorization. Copying content from third party sources is copyright infringement and therefore prohibited on our services.
By submitting content to our services, you affirm that:
. You own the copyrights to the content or have express permission from the copyright owners to use and upload the content;
. Your uploading of the content will not violate any law, regulation, or ethic code, including but not limited to, if applicable, your school’s academic integrity policy;
. Uploading the content will not violate our Terms of Service or this Copyright Policy.
Plant AI will remove or disable access to user content if we are notified that it infringes on copyright.
9.2 Claims of Copyright Infringement
If you are a copyright owner (or acting for a copyright owner) and believe that copyright infringement is taking place on or through Plant AI’s app, website, or other online network, please report the information by submitting a Copyright Infringement Claim to us.
To file a valid claim with us, you will need to submit information and materials that includes the following (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements):
. A physical or electronic signature of the owner of the copyright (or a person authorized to act on behalf of the owner of the copyright) or an exclusive right that is allegedly infringed.
. Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single post on the Plant AI app or online site are covered by a single notification, a representative list of such works at that post or site.
. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed (or access to which is to be disabled), and information reasonably sufficient to permit Plant AI to locate the material. Providing URLs for the location of the allegedly infringing material or activity is required.
. Information reasonably sufficient to permit Plant AI to contact you, the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
. A statement that you, the complaining party, have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
. A statement that the information in the notification of claimed infringement is accurate and, under penalty of perjury, that you, the complaining party, are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We only accept a Copyright Infringement Claim when above mentioned required information and materials are provided. It will be essential and more efficient that you submit the initial claim with ALL required information and materials. Lack of information and materials as a whole or in party will slow our process of addressing your claim.
We only accept a Copyright Infringement Claim via our email listed in the Contact Us section below.
10.1 In accordance with the development of our business and to the maximum extent permitted by applicable laws and subject to the fulfillment of any mandatory requirements, we may change, suspend or terminate Plant AI and/or our Services at any time and from time to time, in which event we shall not be liable for breach of contract to you or any third party.
10.2 We have the right, for a good cause, to suspend or terminate your right to access or use Plant AI, or to delete or transfer what you have uploaded to or stored in Plant AI.
10.3 All provisions of these Terms which by their nature should survive termination shall survive termination, including without limitation, ownership and intellectual property rights provisions, disclaimers, indemnity and limitations of liability. Notwithstanding the foregoing, if you and/or your child breach these Terms, our Privacy Policy, or our other rules and policies, we reserve the right to recover any amounts due and owing by you or to take legal actions including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.
10.4 We may amend these Terms at any time by posting the amended terms on Plant AI. It is your responsibility to review these Terms periodically.
Your continuously using of Plant AI following the posting of the revised Terms signifies that you accept and agree to the changes. You are expected to check this page frequently so that you are aware of any change, as they are binding on you. If you do not agree to the revised Terms, you are no longer authorized to use Plant AI.
11.1 YOU UNDERSTAND AND ACKNOWLEDGE THAT Plant AI IS PROVIDED IN A FORM CONSISTENT WITH EXISTING TECHNOLOGY AND CONDITIONS, THAT WE CANNOT GUARANTEE THAT IT IS FREE FROM DEFECTS, AND THAT WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES FOR Plant AI AND/OR OUR SERVICES, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR CERTAIN PURPOSES, QUALITY, STABILITY, CORRECTNESS, TIMELINESS, COMPLETENESS, CONSISTENCY AND SAFETY. HOWEVER, WE UNDERTAKE TO CONTINUOUSLY IMPROVE THE QUALITY OF OUR SERVICES.
Plant AI IS NOT A MEDICAL, PSYCHIATRIC OR ANY OTHER PROFESSIONAL ADVICE PROVIDER, NOR SHOULD OUR SERVICES BE CONSIDERED MEDICAL, MENTAL HEALTH OR OTHER PROFESSIONAL SERVICES. ONLY YOUR PHYSICIAN, HEALTHCARE PROVIDER OR OTHER PROFESSIONALS CAN DO THAT. THEREFORE, WE MAKE NO CLAIMS, REPRESENTATIONS OR GUARANTEES THAT OUR SERVICES WILL PROVIDE A THERAPEUTIC OR OTHER PRACTICAL BENEFIT.
11.2 In order to optimize product functions, improve user experience, and safeguard product security, we may update or upgrade Plant AI. In order not to affect your use of our Services, it is recommended that you update the software to the latest version.
11.3 To the fullest extent permitted by applicable laws, we do not provide warranties on the following matters:
1. Due to technological limitations, we cannot guarantee that Plant AI and/or our Services are fully compatible with other software, hardware and/or systems, even if we have made our best efforts. In case of incompatibility, you may contact our Help Center for technical assistance. If the problem cannot be resolved, you may uninstall and stop using Plant AI;
2. We do not warrant any matters related to the interruption of Plant AI, data loss, account loss, and damage to data in your account and other losses or risks which may be caused by force majeure, hacker attack, system instability, network interruption, user shutdown, communication line, third-party service defect, government actions, and planning/adjustment/revision of Plant AI;
3. For Plant AI software not downloaded and obtained from our official channels, we cannot guarantee their consistency, security and stability, nor can we guarantee that it has no computer virus, it has no disguised trojan horse program and other hacker software, nor do We assume any liabilities for any direct or indirect damages caused to you thereby;
4. We do not guarantee the safety, reliability, timeliness and performance of Plant AI;
5. We do not guarantee that Plant AI and/or any of our Services will meet your and/or your child’s expectations.
11.4 WE DO NOT UNDERTAKE ANY DIRECT, INDIRECT, INCIDENTAL, DERIVATIVE OR PUNITIVE DAMAGES FOR LOSS OF PROFITS, BUSINESS REPUTATION, INFORMATION OR OTHER TANGIBLE OR INTANGIBLE LOSSES ARISING FROM:
1. USE OR FAILURE IN USE OF Plant AI AND/OR OUR SERVICES;
2. ANY PRODUCT, INFORMATION OR SERVICE PURCHASED OR ACQUIRED THROUGH Plant AI AND/OR OUR SERVICES;
3. UNAUTHORIZED USE OR MODIFICATION OF USER DATA FOR ANY REASON THAT IS NOT CAUSED BY US;
4. OTHER MATTERS RELATING TO Plant AI AND/OR OUR SERVICES.
11.5 You shall take good care of your account. We shall not be liable for any loss, such as loss or decrease of the user’s rights and interests with regard to your account if the account is leaked, stolen or loss of usufruct for any reason not attributable to us.
11.6 We shall not be liable for any loss you incurred in connection with your failure in safeguarding your account or device, and/or any failure in retrieve of the account and the information thereunder due to lack of identity authentication or untruthful authentication information.You understand and agree that you assume any and all risks associated with downloading and/or using Plant AI and/or our Services and all consequences arising from the use of Plant AI and/or our Services. To the maximum extent permitted by applicable laws, you and/or your child shall be solely responsible for any damage to the computer system or loss of data caused by downloading or using Plant AI.
11.7 You understand and agree that we have the right to make business changes, adjustments, and technical changes at our own discretion, and have the right to modify, suspend or terminate Plant AI and/or our Services at any time, without notifying you, and without assuming any liabilities for you or a third party, unless otherwise provided by applicable laws or agreed by both parties.
11.8 Subject to applicable laws, we shall be entitled to delete, block, or disconnect links as appropriate for your and/or your child’s violation or suspected violation of applicable laws and these Terms in our own judgment, and stop providing services to you and/or your child or terminate your account. We also shall have the right to keep relevant information in accordance with applicable laws and to report it to the law enforcement or regulatory authorities.
11.9 WE ARE ONLY RESPONSIBLE FOR THE DIRECT LIABILITY EXPRESSLY PROVIDED FOR HEREIN. UNLESS OTHERWISE PROVIDED HEREIN, THE TOTAL LIABILITIES THAT WE SHALL BE RESPONSIBLE FOR HEREUNDER SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES CHARGED BY US FOR OUR SERVICES TO YOU AND/OR YOUR CHILD.
11.10 IN ADDITION TO SECTION 10.3 ABOVE, WE SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES (INCLUDING BUT NOT LIMITED TO, LOSS OF PROFIT OR INTEREST, INTERRUPTION OF BUSINESS, LOSS OF MATERIALS) CAUSED BY ANY ACTS FOR ANY REASON WHATSOEVER, NO MATTER THE DAMAGES ARE FORESEEABLE OR NOT, AND REGARDLESS OF THE FORM OF CONDUCT.
11.11 To the extent permitted by applicable laws, you agree to defend (at our option), indemnify and hold us and our service providers, suppliers, and licensors, and each of our respective officers, directors, employees and agents, including all third parties mentioned, or included in Plant AI and/or our Services, harmless from any and all claims, liabilities, losses, actions, proceedings, suits, damages, settlements, penalties, fines, costs, or damages, including without limitation to reasonable legal and accounting fees, resulting from or related to:
1. your breach of any provision of these Terms;
2. your use of Plant AI and/or our Services; or
3. your violation, alleged violation or misappropriation of any intellectual property rights.
11.12 By accepting these Terms you waive all rights and agree to hold us harmless from any claims resulting from any actions taken by us during or as a result of investigations by either us or any law enforcement or regulatory authorities.
11.13 You shall use your best efforts to cooperate with us in the defense of any such claims. We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification by you. This defense and indemnification obligation will survive these Terms and your use of Plant AI and/or our Services.
To the extent permitted by applicable laws, you agree to indemnify and hold harmless us and/or our officers, directors, employees, agents, representatives, and affiliates from and against any and all claims, demands, liabilities, costs, or expenses, including reasonable legal fees, resulting from your breach of these Terms or our Privacy Policy.
These Terms shall be governed and construed by the laws of the State of California, USA (other than its conflict of laws rules).
To the fullest extent permissible by law, any dispute of any kind between you and us in connection with or arising out of your use of our Services shall be resolved through friendly negotiations. In case of failure of such negotiations, any dispute, controversy, difference or claim arising out of or relating to this Terms, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non- contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted.
UNLESS YOU OPT OUT AND EXCEPT OTHERWISE PROVIDED IN THESE TERMS, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
If you have any question, comment, or suggestion regarding Plant AI, these Terms, or our Privacy Policy, you may contact us by:
1. going to Plant AI Feedback for assistance;
2. sending an email to aiflametechnology@gmail.com ; or
3. sending a mail to:
192 WATERLOO STREET #06-08
SKYLINE
Singapore 187966