EULA
Plant Doctor: Identify & Care is licensed to you (End-User) by EMDEM ALLIANCE LLP, located and registered at 7398 YONGE ST UNIT 6D_501 THORNHILL, ONTARIO, CANADA (hereinafter: Licensor), for use only under the terms of this License Agreement.
By downloading the Application from the Apple AppStore, including any updates (as allowed by this License Agreement), you confirm your agreement to all terms and conditions of this License Agreement and accept it fully.
It is recognized by both parties that Apple is not a party to this License Agreement and is not subject to any terms or obligations related to the Application, including warranty, liability, maintenance, and support. EMDEM ALLIANCE LLP, not Apple, bears sole responsibility for the licensed Application and its content.
This License Agreement will not set forth usage rules for the Application that conflict with the most recent App Store Terms of Service. EMDEM ALLIANCE LLP acknowledges having had the chance to review these terms, ensuring this License Agreement does not conflict with them.
All rights not expressly granted to you are reserved.
1. THE APPLICATION
Plant Doctor: Identify & Care (hereinafter: Application) is a software developed to instantly identify plants using AI technology and provide information about them. It assists gardeners in cultivating a healthy garden and monitoring the condition of their plants.
The Application is specifically designed for use on Apple mobile devices. Its features include plant recognition, immediate access to general facts or care tips, setting care reminders, and facilitating gardening routines by providing comprehensive support in plant cultivation.
This Application is not designed to meet specific industry regulations such as the Health Insurance Portability and Accountability Act (HIPAA), the Federal Information Security Management Act (FISMA), and others. Therefore, if your use of the Application would fall under such regulations, you are advised against using this Application. Furthermore, the Application must not be used in any manner that would infringe upon the Gramm-Leach-Bliley Act (GLBA).
2. SCOPE OF LICENSE
2.1 You are granted a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any Apple-branded products that you (the End-User) own or control. This is allowed as per the Usage Rules outlined in this section and the App Store Terms of Service. An exception to this license is that the Licensed Application may be accessed and used by other accounts associated with you (the End-User, the Purchaser) through Family Sharing or volume purchasing.
2.2 This license also applies to any updates of the Application provided by the Licensor that replace, repair, and/or supplement the original Application, unless a separate license accompanies such updates. In that case, the terms of the new license will govern.
2.3 You are prohibited from sharing or making the Application available to third parties (except to the extent permitted by the Apple Terms and Conditions, and with EMDEM ALLIANCE LLP’s prior written consent), selling, renting, lending, leasing, or redistributing the Application in any form.
2.4 You are not permitted to reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates, adapt, or attempt to derive the source code of the Application, or any part of it (except with EMDEM ALLIANCE LLP’s prior written consent).
2.5 You are not allowed to copy (except as expressly permitted by this license and the Usage Rules) or modify the Application or any part of it. You are permitted to create and store copies solely on devices that you own or control, and only for backup purposes under the terms of this license, the App Store Terms of Service, and any other applicable terms and conditions related to the device or software used. You must not remove any intellectual property notices. You must ensure that no unauthorized third parties can access these copies at any time.
2.6 Violating the aforementioned obligations, as well as attempting such violations, may lead to legal prosecution and damages.
2.7 The Licensor reserves the right to alter the terms and conditions of this license at any time.
2.8 Nothing within this license is intended to limit compliance with any third-party terms and conditions. When utilizing the Application, you are required to ensure adherence to all relevant third-party terms and conditions.
3. TECHNICAL REQUIREMENTS
3.1 The Licensor endeavors to maintain the Application’s compatibility with updates to firmware and new hardware. However, you are not entitled to demand such updates.
3.2 You recognize that it is your responsibility to verify and ensure that the end-user device on which you plan to use the Application meets the required technical specifications.
3.3 The Licensor retains the authority to change the technical specifications as deemed necessary at any given time.
4. MAINTENANCE AND SUPPORT
4.1 The Licensor is the only party responsible for offering any maintenance and support services for this licensed Application. Should you require such services, the Licensor can be contacted via the email address provided in the App Store Overview for this licensed Application.
4.2 EMDEM ALLIANCE LLP and the End-User acknowledge that Apple is under no obligation to provide any maintenance and support services regarding the licensed Application.
5. USE OF DATA
You acknowledge that the Licensor has the capability to access and modify the content of your downloaded licensed Application and your personal information. Furthermore, you agree that the Licensor’s utilization of such content and information will be governed by your legal agreements with the Licensor and the Licensor’s privacy policy, which can be found at: https://emdemapps.com/plnt-doctor/plantdoctor-pp/
6. USER GENERATED CONTRIBUTIONS
The Application may offer you the chance to engage in discussions, contribute to or take part in blogs, message boards, online forums, and other interactive features. It may also provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or within the Application. This includes, but is not limited to, text, writings, videos, audios, photographs, graphics, comments, suggestions, or personal information or other materials (collectively, “Contributions”). These Contributions may be accessible to other users of the Application and through third-party websites or applications. Therefore, any Contributions you share may be considered non-confidential and non-proprietary. By creating or making available any Contributions, you represent and warrant that:
1. Your Contributions will not infringe on any third party’s proprietary rights, including copyright, patent, trademark, trade secret, or moral rights.
2. You are either the sole creator and owner of your Contributions or have all necessary licenses, rights, consents, releases, and permissions to authorize us and other Application users to use your Contributions as envisioned by the Application and these Terms of Use.
3. You have obtained the written consent, release, and/or permission from every identifiable individual in your Contributions to use their name or likeness, enabling the inclusion and use of your Contributions as envisioned by the Application and these Terms of Use.
4. Your Contributions are truthful and not misleading.
5. Your Contributions do not constitute unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, or any other form of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable, as determined by us.
7. Your Contributions do not belittle, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions are not used to harass or threaten any other person and do not promote violence against a specific person or class of people.
9. Your Contributions comply with all applicable laws, regulations, and rules.
10. Your Contributions do not infringe on the privacy or publicity rights of any third party.
11. Your Contributions comply with laws regarding child pornography and are intended to protect minors’ health and well-being.
12. Your Contributions do not contain offensive comments related to race, national origin, gender, sexual preference, or physical disability.
13. Your Contributions do not violate, nor link to material that violates, any provision of these Terms of Use or any applicable law or regulation.
Using the Application in a way that breaches the above conditions constitutes a violation of these Terms of Use and may lead to, among other consequences, the termination or suspension of your rights to use the Application.
7. CONTRIBUTION LICENSE
By posting your Contributions to any part of the Application or making Contributions accessible to the Application by linking your account from the Application to any of your social networking accounts, you automatically grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise. This also includes the right to create derivative works of, or incorporate into other works, such Contributions, and to grant and authorize sublicenses of the above. The use and distribution may occur across any media formats and through any media channels.
This license extends to any form, media, or technology, whether now known or hereafter developed. It includes the use of your name, company name, franchise name, as applicable, and any trademarks, service marks, trade names, logos, and personal and commercial images you provide. By agreeing to these terms, you waive all moral rights in your Contributions and affirm that moral rights have not been previously asserted in your Contributions.
We do not claim any ownership of your Contributions. You maintain full ownership of all your Contributions along with any intellectual property rights or other proprietary rights connected to your Contributions. We hold no liability for any statements or representations made in your Contributions within any part of the Application. You bear sole responsibility for your Contributions to the Application and you explicitly agree to absolve us from any responsibility, and to not pursue any legal action against us concerning your Contributions.
We have the right, in our sole and absolute discretion, to (1) edit, revise, or otherwise modify any Contributions; (2) re-categorize any Contributions to place them in more appropriate locations in the Application; and (3) pre-screen or remove any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
8. LIABILITY
8.1 The Licensor’s liability for the breach of obligations and torts is limited to instances of intent and gross negligence. Liability in the case of slight negligence shall only arise if essential contractual duties (cardinal obligations) are violated. In all cases, liability is restricted to damages that are foreseeable and typical for the contract. The aforementioned limitation does not extend to injuries to life, limb, or health.
8.2 The Licensor assumes no accountability or responsibility for any damages resulting from a breach of duties as outlined in Section 2 of this Agreement. To prevent data loss, you are obliged to utilize the backup functions of the Application to the extent permitted by applicable third-party terms and conditions of use. You understand that any alterations or manipulations made to the Application will result in losing access to the licensed Application.
9. WARRANTY
9.1 The Licensor guarantees that the Application is free from spyware, Trojans, viruses, or any other malware at the time of your download. Furthermore, the Licensor assures that the Application functions in accordance with the descriptions provided in the user documentation.
9.2 No warranty is provided for the Application if it is not executable on the device, has been modified without authorization, mishandled or misused, combined or installed with incompatible hardware or software, used with unsuitable accessories, whether by yourself or third parties, or if any other reasons beyond EMDEM ALLIANCE LLP’s control affect the Application’s executability.
9.3 After installing the Application, you must promptly inspect it and report any issues to EMDEM ALLIANCE LLP without delay via the email address provided in the Product Claims section. Any defect report submitted within thirty (30) days of its discovery will be considered and further investigated.
9.4 If it is confirmed that the Application is defective, EMDEM ALLIANCE LLP reserves the right to rectify the situation either by resolving the defect or providing a substitute delivery.
9.5 Should the Application fail to meet any applicable warranty, you have the option to inform the App-Store-Operator, and you will be refunded the purchase price of the Application. Under applicable law to the fullest extent allowed, the App-Store-Operator will bear no further warranty obligations concerning the App. This includes any other losses, claims, damages, liabilities, expenses, and costs resulting from a failure to comply with any warranty.
9.6 If the user is an entrepreneur, any claims based on faults shall expire after a statutory limitation period of twelve (12) months following the Application’s availability to the user. For users who are consumers, the statutory limitation periods prescribed by law will apply.
10. PRODUCT CLAIMS
EMDEM ALLIANCE LLP and the End-User recognize that EMDEM ALLIANCE LLP, not Apple, is accountable for handling any claims from the End-User or any third party regarding the licensed Application or the End-User’s possession and/or usage of the licensed Application. This includes, but is not limited to:
- product liability claims;
- claims that the licensed Application does not comply with applicable legal or regulatory requirements;
- claims under consumer protection, privacy, or similar legislation, including those related to the Licensed Application’s integration with HealthKit and HomeKit.
11. LEGAL COMPLIANCE
You declare and guarantee that you are not situated in a country under a U.S. Government embargo or identified by the U.S. Government as a “terrorist supporting” country. Furthermore, you confirm that you are not included on any U.S. Government list of prohibited or restricted parties.
12. CONTACT INFORMATION
For general inquiries, complaints, questions, or claims regarding the licensed Application, please contact:
Plant Doctor: Identify & Care Support Team
7398 YONGE ST UNIT 6D_501 THORNHILL, ONTARIO, CANADA L6A 8J2
13. TERMINATION
This license remains valid until terminated by either EMDEM ALLIANCE LLP or you. Your rights under this license will automatically and immediately end without notice from EMDEM ALLIANCE LLP if you breach any of its terms. Upon termination of the license, you must cease all use of the Application and destroy all copies, whether in full or in part, of the Application.
14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
EMDEM ALLIANCE LLP assures and guarantees compliance with applicable third-party terms of agreement when using the licensed Application. In line with Section 9 of the “Instructions for Minimum Terms of Developer’s End-User License Agreement,” Apple and its subsidiaries are recognized as third-party beneficiaries of this End-User License Agreement. Upon your acceptance of this license agreement’s terms and conditions, Apple gains the right (and will be considered to have accepted the right) to enforce this End-User License Agreement against you as a third-party beneficiary.
15. INTELLECTUAL PROPERTY RIGHTS
EMDEM ALLIANCE LLP and the End-User acknowledge that, should any third-party claim arise alleging that the licensed Application or the End-User’s possession and use of the licensed Application infringes upon the third party’s intellectual property rights, EMDEM ALLIANCE LLP, not Apple, will be solely responsible for investigating, defending, settling, and discharging any such intellectual property infringement claims.
16. APPLICABLE LAW
This license agreement is governed by the laws of Canada excluding its conflicts of law rules.
17. MISCELLANEOUS
17.1 Should any provision of this agreement be or become invalid, the validity of the remaining provisions shall not be affected. The invalid provision will be replaced with a valid one formulated in such a manner as to achieve the original intent.
17.2 Side agreements, modifications, and amendments are only valid if made in writing. The requirement for a written form can only be waived through a written document.