Terms of Use

I. INTRODUCTION

Grotem Limited is an app and websites development company and app publisher. We deliver top-ranked Apps to world wide app stores. Our Apps are created for numerous different devices (phone, tablet, etc.). We create Apps that can be downloaded freely, functioning based on an advertising model. For many of our Apps, we also create a paid version that does not contain advertising. In general, if you do not want us to use your data to tailor the ads that are displayed within the Service, you can choose to use a version that does not contain advertising.

We make Apps available to you subject to the following Terms of Use. Do not use the Service if you do not accept these Terms of Use. If you use the Service, you affirmatively accept these Terms of Use.

These Terms of Use and End User License Agreement (collectively, the “Agreement”) together with all the documents referred to in it constitute a legally binding agreement made between you as a natural person (“you”, “your” or “user”) and Grotem Limited(“we,” “us” or “our”), concerning your access to and use of apps, websites, emails and content (the “Service”) developer by Grotem Limited.

All the documents that relate to the Service are hereby expressly incorporated herein by reference.

Please read this Agreement carefully before you download, install or use the Service.

It is important that you read and understand this Agreement as by downloading, installing, or using the Service you indicate that you have read, understood, agreed, and accepted the Agreement which takes effect on the date on which you download, install or use the Service. By using the Service you agree to abide by this Agreement.

If you do not agree with (do not accept) this Agreement, or if you do not agree at least with one of the provisions of this Agreement, you are not authorized to, and you may not access, download, install or use the Service and you must promptly discontinue downloading, installing the Service and remove (delete) the Service from any mobile device in your possession or under your control.

II. CHANGES TO THIS AGREEMENT

We reserve the right, at our sole discretion, to make changes or modifications to this Agreement at any time and for any reason. We will keep you informed about any changes by updating this Agreement and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review this Agreement to stay informed of updates. You will be subject to, and will be deemed to be aware of and to have accepted, the changes in any revised Agreement by your continued use of the Service after the date such revised Agreement is posted.

III. RESTRICTIONS ON WHO CAN USE THE SERVICE

In order to download, install, access or use the Service, you must (a) be eighteen (18) years of age or older.

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by their parent or guardian to use the Service, so if you are between the ages of thirteen (13) and seventeen (17) years and you wish to use, download, install, access the Service, before doing so you must: (a) assure and confirm (if needed) that your parent or guardian have read and agree (get your parent or guardian’s consent) to this Agreement prior to you using the Service; (b) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws.

Parents and guardians must directly supervise any use of the Service by minors.

Any person under the age of thirteen (13) years is not permitted to download, install, access or use the App.

You affirm that you are either more than eighteen 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.

IV. GENERAL TERMS

The Service allows you to identify plants, set care reminders, ask questions about plants.

The Service is intended only for your personal non-commercial use. You shall use the Service only for the purposes, mentioned above.

V. PRIVACY POLICY

Your privacy is very important to us. Accordingly, we have developed the Privacy Policy in order for you to understand how we process, use and store information including personal data. Access to the Service and use of the Services are subject to the Privacy Policy. By accessing the Service and by continuing to use the Services, you are deemed to have accepted the Privacy Policy, and in particular, you are deemed to have acknowledged the ways we process your information as well as appropriate legal grounds for processing described in the Privacy Policy. We reserve the right to amend the Privacy Policy from time to time. If you disagree with any part of the Privacy Policy, you must immediately stop using the Service and Services.

VI. END USER LICENSE AGREEMENT

By using the Service, you undertake to respect our intellectual rights (intellectual rights related to the Service’s source code, UI/UX design, content material, copyright and trademarks, hereinafter referred to as the “Intellectual Property Rights”) as well as those owned by third parties.

As long as you keep using the Service, we grant you a limited, non-exclusive, non-transferable non-sublicensable, non-assignable and revocable right to access and use the Service pursuant to this Agreement (the “License”).

You may use our Service solely for your own non-commercial purposes. You are bound to respect the copyrighted material within the Service, you cannot sell pictures available in the Service.

The source code, design and content, including information, photographs, illustrations, artwork and other graphic materials, sounds, music or video (hereinafter – the “works”) as well as names, logos and trademarks (hereinafter – “means of individualization”) within the Service are protected by copyright laws and other relevant laws and/or international treaties, and belong to us and/or our partners and/or contracted third parties, as the case may be.

These works and means of individualization may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by us and/or our partners and/or contracted third parties, as the case may be.

All rights, title and interest in and to the Service and its content, works and means of individualization as well as its functionalities (1) are the exclusive property of Grotem Limited and/or our partners and/or contracted third parties, (2) are protected by the applicable international and national legal provisions, and (3) are under no circumstances transferred (assigned) to you in full or in part within the context of the license herewithin.

We will not hesitate to take legal action against any unauthorized use of our trademarks, names or symbols to protect and restore our rights. All rights not expressly granted herein are reserved. Other product and company names mentioned herein may also be the trademarks of their respective owners.

VII. PROHIBITED BEHAVIOUR

You agree not to use the Service in any way that:

• is unlawful, illegal or unauthorized;
• is defamatory of any other person;
• is obscene or offensive;
• infringes any copyright, database right or trademark of any other person;
• advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse.

You shall not make the Service available to any third parties. In addition, you shall not modify, translate into other languages, reverse engineer, decompile, disassemble or otherwise create derivative works from the Service or any documentation concerning the Service.

You shall not transfer, lend, rent, lease, distribute the Service, or use it for providing services to a third party, or grant any rights to the Service or any documentation concerning the Service to a third party.

Misuse of any trademarks or any other content displayed on the Service is prohibited.

You shall not copy and/or duplicate and/or distribute and/or publish and/or use any content in the Service, directly or indirectly, by way of a violation of our Intellectual Property Rights.

Moreover, you shall not make any attempts to use the Service or part thereof for malicious intentions.

Also we are not responsible for the way you use the Service.

It is clarified that we may adopt, against a user who violated the present Agreement, any legal measures at our disposal pursuant to the applicable laws.

All disputes arising from the usage of the Service, shall be governed by and construed in accordance with the laws of the United States of America, and shall be submitted to the sole jurisdiction of the competent courts of Limassol, Cyprus.

VIII. AVAILABILITY OF THE SERVICE, SECURITY AND ACCURACY

In order to use the Service, you are required to have a compatible mobile phone or tablet, and internet access.

The Service is available for downloading and installing on handheld compatible mobile devices running Apple iOS Operating System 11.0 or later.

We do not warrant that the Service will be compatible with all hardware and software which you may use.

We make no warranty that your access to the Service will be uninterrupted, timely or error-free.

You acknowledge the Service is provided via the internet and mobile networks and so the quality and availability of the Service may be affected by factors outside our reasonable control.

The version of the Service may be upgraded from time to time to add support for new functions and services.

We may change or update the Service and anything described in it without noticing you. If the need arises, we may suspend access to the Service, or close it indefinitely.

You also warrant that any information that you submit to us is true, accurate and complete, and you agree to keep it actual at all times.

You can discontinue using our Services at any time by choosing the relevant option in your iTunes Account Settings. If you decide not to use the Service for any reason you should uninstall the Service.

IX. SUBSCRIPTION AND CHARGES

Certain features of the Service may be offered on a subscription basis for a fee. You may purchase a subscription directly from the Company or through an App Store either by (1) paying a subscription fee in advance on a recurring interval disclosed to you prior to your purchase, or (2) pre-payment giving you access to the Service for a specific time period (together or separately “Purchase”).

To the maximum extent permitted by applicable laws, we may change Purchase fees at any time. We will give you reasonable notice of any such pricing changes by posting the new prices on or through the Service and/or by sending you an e-mail notification, or in other prominent way. If you do not wish to pay the new fees, you can cancel the applicable subscription prior to the change going into effect or/and abstain from pre-paying for access to the Service.

By signing up for certain subscriptions, you agree that your subscription may be automatically renewed. Unless you cancel your subscription you authorize us and the App Stores to charge you for the renewal term. The period of auto-renewal will be the same as your initial subscription period unless otherwise disclosed to you on the Service. The renewal rate will be no more than the rate for the immediately prior subscription period, excluding any promotional and discount pricing, unless we notify you of a rate change prior to your auto-renewal. You must cancel your subscription in accordance with the cancellation procedures disclosed to you for the particular subscription. We will not refund fees that may have accrued to your account and will not prorate fees for a cancelled subscription.

We may offer a trial subscription for the Service. Trial provides you access to the Service for a period of time, with details specified when you sign up for the offer. Unless you cancel before the end of the trial, or unless otherwise stated, your access to the Service will automatically continue and you will be billed the applicable fees for the Service. It is ultimately your responsibility to know when the free or paid trial will end. We reserve the right, in our absolute discretion, to modify or terminate any trial offer, your access to the Service during the free or paid trial, or any of these terms without notice and with no liability. We reserve the right to limit your ability to take advantage of multiple free or paid trials.

The Service and your rights to use it expire at the end of the paid period of your subscription. If you do not pay the fees or charges due, we may make reasonable efforts to notify you and resolve the issue; however, we reserve the right to disable or terminate your access to the Service (and may do so without notice).

Subscriptions purchased via an App Store are subject to such App Store’s refund policies. This means we cannot grant refunds. You will have to contact an App Store support.

You agree that the Purchase is final, that Company will not refund any transaction once it has been made and that the Purchase cannot be canceled. When you make the Purchase, you acknowledge and agree that all Purchases are non-refundable or exchangeable. Since the Service is of a digital nature, we cannot accept any request for refunds and therefore your right of withdrawal is lost at this point. The Company may provide refunds at its own discretion and subject to our policies that may be published from time to time.

We may post clear and conspicuous subscription terms from time to time on our websites and within the Apps.

Cancellation. Your subscription renews automatically at the end of each period until you cancel. Note that deleting the Service does not cancel your subscriptions.

If you purchased a subscription or enabled trial on the App Store: You may cancel a free trial or a subscription anytime by turning off auto-renewal through your Apple ID account settings. To avoid being charged, cancel the subscription in your Apple ID account settings at least 24 hours before the end of the free trial or the current subscription period. You alone can manage your subscriptions. Learn more about managing subscriptions (and how to cancel them) on Apple support page.

If you purchased a subscription or enabled a trial on our websites: To avoid being charged cancel your subscription before the end of the then-current period. You may cancel your subscription purchased on our website by submitting the cancellation request to [email protected] at least one day before each renewal date.

X. THIRD PARTY WEBSITES AND RESOURCES

Service may link you to other sites on the Internet and contracted third parties to provide you certain services. We have no control over and accept no responsibility for the content of any website or mobile application to which a link from the Service exists (unless we are the provider of those linked websites or mobile applications). Such linked websites and mobile applications are provided “as is” for your convenience only with no warranty, express or implied, for the information provided within them.

You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.

If you have any queries, concerns or complaints about such third party websites or mobile applications (including, but not limited to, queries, concerns or complaints relating to products, orders for products, faulty products and refunds) you must direct them to the operator of that third party website or mobile application.

XI. DISCLAIMER OF WARRANTIES

YOU AGREE THAT YOUR USE OF THE APP AND ITS SERVICES SHALL BE AT YOUR SOLE RISK. THE SERVICES AND ALL THE MATERIALS, INFORMATION, SOFTWARE, CONTENT INTEGRATED IN THE APP ARE PROVIDED “AS IS” AND “AS AVAILABLE”. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE MERCHANTABILITY, TECHNICAL COMPATIBILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY SERVICE, PRODUCTS OR MATERIAL PROVIDED PURSUANT TO THIS AGREEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED ON OR THROUGH THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

XII. LIMITATION OF LIABILITY

IN NO EVENT SHALL WE BE LIABLE FOR DAMAGES OF ANY TYPE, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR IN ANY WAY RELATED TO THE APP AND SERVICES PROVIDED BY THE APP. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, OR LOSS OF PROFIT OR REVENUES, EVEN IF WE HAVE BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO PRODUCTS, SERVICES AND/OR INFORMATION OFFERED OR PROVIDED BY ANY THIRD-PARTIES AND ACCESSED THROUGH THE APP OR BY ANY OTHER MEANS. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR COSTS OR DAMAGES ARISING OUT OF PRIVATE OR GOVERNMENTAL LEGAL ACTIONS RELATED TO YOUR USE OF ANY OF THE APP AND ITS SERVICES IN ANY COUNTRY.

XIII. LEGAL COMPLIANCE

You must represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

XIV. THIRD PARTY BENEFICIARY

You acknowledge and agree that Apple, and Apple’s subsidiaries are the third party beneficiaries of the present end-user license agreement, and that upon your acceptance of the terms and conditions of the present end-user license agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this end-user license agreement as a third party beneficiary thereof.

XV. GOVERNING LAW AND CLAIMS

This Agreement shall be governed by and construed in accordance with the laws of the Limassol, Cyprus.

We make no representations that the App is appropriate or available for use in other locations. Those who access or use the App from other jurisdictions do so at their own volition and are responsible for compliance with local law.

If you choose to access or use the Service from or in locations outside of the United States, you are responsible for:

• ensuring that what you are doing in that country is legal; and
• the consequences and compliance by you with all applicable laws, regulations, bylaws, codes of practice, licenses, registrations, permits and authorizations.

Any claims shall be exclusively decided by courts of competent jurisdiction in Limassol District Court, Cyprus and that applicable law shall govern, without regard to choice of law principles.

If you ever wish to seek any relief from us, you agree to waive the ability to pursue class action.

If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the Service and the Services provided by the Service or this Agreement, then you and we agree to send a written notice to each other providing a reasonable description of the dispute, along with a proposed resolution of it. The notice shall be sent based on the most recent contact information. For a period of sixty (60) days from the date of receipt of notice from the other party, you and us will engage in a dialogue in order to attempt to resolve the dispute, though nothing will require either you or us to resolve the dispute on terms which either you or us, in each of our sole discretion, are uncomfortable with.

XVI. TERMINATION

We reserve the right to terminate this Agreement at any time at our sole discretion for any reason.

Upon any termination, (a) the rights and licenses granted to you herein shall terminate; (b) you must cease all use of the App.

XVI. SEVERABILITY

If at any time any provision of this Agreement is or becomes illegal, invalid, or unenforceable in any respect, that provision shall be read down to become illegal, invalid, or unenforceable or, if this is not possible, deleted. The other terms of this Agreement shall continue to apply with full force and effect.

You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.

XVIII. CONTACT INFORMATION

We reserve the right to respond to user support requests. If you want to submit a support request or have any questions about this Agreement or the App, please contact us via our Support email [email protected]