Welcome to Plantake, a provider of fitness-related mobile applications. These Terms & Conditions (“Terms”) govern your use of the Plantake applications, websites, and related services (collectively, the “Services”). By using the Services, you agree to be bound by these Terms. The User should read the Terms carefully, they contain important information regarding rights, limitations such as the waiver of withdrawal, disclaimed warranties, liability limitation, termination, term updates, as well as dispute resolution and applicable law. The Terms of Service should be read in conjunction with the Privacy Policy, together they form the contract that exists between the User and Plantake.

These Terms and Conditions (“Agreement”) govern your use of Plantake’s fitness software and mobile applications (collectively referred to as the “App”). By accessing or using the App(s), you agree to be bound by this Agreement. If you do not agree with these terms, please refrain from using the App(s).

By using our services, you acknowledge that you have read and understood these terms and conditions and agree to be bound by them.

1) Use of Services

1.1) You may use the Services only for lawful purposes and in accordance with these Terms.

1.2) You agree not to use the Services:

1.3) In any way that violates any applicable federal, state, local, or international law or regulation

1.4) For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise

1.5) To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation

1.6) To impersonate or attempt to impersonate Plantake, a Plantake employee, another user, or any other person or entity

1.7) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by Plantake, may harm Plantake or users of the Services or expose them to liability.

1.8) You are responsible for obtaining and maintaining all equipment and services needed for access to and use of the Services, and for paying all charges related thereto.

2) User Content

2.1) The Services may allow you to submit, upload, publish, or otherwise make available content, including but not limited to text, photographs, videos, and audio (“User Content”). You retain all rights in, and are solely responsible for, the User Content you make available through the Services.

2.2) By making any User Content available through the Services, you grant to Plantake a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Plantake’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to our or any other person or entity.

2.3) Plantake does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Plantake expressly disclaims any and all liability in connection with User Content. Plantake does not permit copyright infringing activities and infringement of intellectual property rights on the Services, and Plantake will remove all User Content if properly notified that such User Content infringes on another’s intellectual property rights.

3) User Accounts

3.1) In order to use certain features of the Services, you may be required to create an account (“Account”). When creating an Account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your Account, and you must keep your Account password secure.

3.2) You must notify Plantake (contact.plantake@gmail.com) immediately of any breach of security or unauthorized use of your Account. Plantake will not be liable for any losses caused by any unauthorized use of your Account.

4) Use of Our Services

Plantake provides its services for personal and non-commercial use only. You may not use our services for any illegal or unauthorized purpose. You agree not to reproduce, duplicate, copy, sell, trade, or resell our services for any purpose.

4.1) Limitation of Liability
In no event shall Plantake be liable for any direct, indirect, incidental, special, or consequential damages, arising out of the use of or inability to use our services.

5) Disclaimer of Warranties
Our services are provided on an “as is” and “as available” basis. Plantake does not warrant that our services will be uninterrupted or error-free. Plantake does not make any warranty as to the results that may be obtained from the use of our services, or as to the accuracy or reliability of any information obtained through our services.

6) Disclaimers

6.1) Plantake makes no representation or warranty, express or implied, regarding fitness for a particular purpose or merchantability. This is without prejudice to the aforementioned objective conformity requirements in 6.2(b).

6.2) Except for complying with the objective conformity requirement for continuity, Plantake makes no further representations or warranties, express or implied, that errors, interruptions, failures or delays will not occur during use.

6.2a) We make no representation or warranty, express or implied, that the Apps are free of malware, viruses or other harmful components. Moreover, no implied warranties arise from course of dealing, course of performance or usage of trade.

6.2b) No representation or warranty is made regarding non-infringement of intellectual property and Plantake has no obligation to defend or indemnify the User against claims regarding the same.

6.2c) No warranties exist for modifications, derivative works or other unauthorised usage.

6.3) Plantake provides no warranties, express or implied, regarding any third party platform we use or the User’s mobile device and operating system. We will not be liable for failure of these platforms, devices or operating systems to function as expected or intended.

6.4) We strive to help the User improve their health, productivity and the management of time and habits. However, Plantake makes no representation or warranty, express or implied, that such improvements will occur. Results vary per person and per usage, reliance is at the User’s own risk.

6.5) Plantake retains the sole discretion to carry out App Updates. No representation or warranty is made, express or implied, regarding continued existence of content, features or services.

6.6) No representation or warranty is made, express or implied, that hyperlinked information referenced in the Terms of Service or Privacy Policy, provided by third party sources, is accurate or correct. Reliance is at the risk of the User and Plantake will not be responsible or liable for any loss or damage suffered pursuant to such reliance. We advise Users to be cautious when consulting non-official sources.

7) Health Disclaimer

Plantake is not a medical organization and our services do not provide medical advice. The information provided by our services is for informational purposes only and is not a substitute for professional medical advice, diagnosis, or treatment. You should not rely on our services for any medical decisions and should always seek the advice of a qualified healthcare provider. Plantake is not responsible for any health complications that may arise from using our services.

7.1) We do not claim that any of the Apps constitute a Medical Device, as per the European Medicines Agency (EMA), nor should the User regard them as such.

7.2) Plantake has designed the Apps for general information purposes only. We make no representation or warranty regarding accuracy, completeness, suitability and safety. The User assumes full responsibility and Plantake is not liable for any consequences resulting from reliance.

7.3) The Apps should not be viewed as a substitute for any kind of medical treatments. Although the User may find them helpful and relieved by doing the proper exercises, Plantake makes no representation or warranty that they are fit for this purpose. The App licensee should not delay in obtaining such intervention as a result of usage.

7.4) User Responsibility
Plantake is a fitness software developing company that creates fitness apps. It is important to understand and acknowledge that Plantake is not responsible for any harm, injuries, or damages that may occur as a result of engaging in exercises recommended through the App. User understands that not all exercises are applicable for everyone. It is essential for User to assess their own health, physical condition, and consult with a qualified healthcare professional before engaging in any exercise routine recommended by the app. User understands and accepts the inherent risks associated with physical activity. It is the User’s responsibility to proceed with caution.

7.5) Information and Content
The information and content provided through the App are for general educational purposes only. Plantake does not provide professional medical, health, or fitness advice. The exercises, guidance, and recommendations in the App are not a substitute for professional advice from qualified healthcare providers. Plantake shall not be responsible for any consequences resulting from the User’s reliance on the information provided through the App.

7.6) Assumption of Risk
By using the App, you acknowledge and accept the inherent risks associated with physical activity. You understand that engaging in any exercise or fitness routine involves potential risks, including but not limited to physical injuries, strains, sprains, or other adverse health outcomes. You voluntarily assume all risks and consequences associated with using the App and participating in any exercises recommended therein.

7.7) Limitation of Liability
To the fullest extent permitted by law, Plantake, its affiliates, employees, officers, and agents shall not be liable for any direct, indirect, incidental, consequential, or special damages, including but not limited to physical, mental, or emotional harm or injury, arising out of or in connection with the use of the App or the exercises recommended therein. This limitation of liability applies to all claims, whether based on warranty, contract, tort, or any other legal theory, even if Plantake has been advised of the possibility of such damages.

7.8) Indemnification
By using the App, you agree to indemnify and hold Plantake harmless from any claims, liabilities, damages, or expenses arising out of or in connection with your use of the App or any violation of this Agreement.

7.9) Modifications
Plantake reserves the right to modify or update this Agreement at any time. Any changes will be effective immediately upon posting the revised Agreement on the App. Your continued use of the App after any modifications to this Agreement constitutes your acceptance of such changes.

7.10) Governing Law
This Agreement shall be governed by and construed in accordance with the laws of [Jurisdiction], without regard to its conflict of laws principles.

8) General Terms

These terms and conditions constitute the entire agreement between you and Plantake with respect to the use of our services. If any provision of these terms and conditions is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

The failure of Plantake to enforce any right or provision in these terms and conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. In the event of any conflict between these terms and conditions and any contract you have with Plantake, the terms of the contract shall control.

9) Liability Limitation

9.1) Subject to 9.2 – 9.4, Plantake, along with its employees, contractors, partners or affiliates are not liable for indirect, special and consequential damages. Among other things, no liability will arise from loss of data, loss of property, damage to property, loss of profits and loss of business.

9.2) If the loss or damage arises from the negligence of Plantake or its employees, contractors, partners or affiliates, the limitation of liability in 9.1 will still apply. However, the limitation will not apply in the event of gross negligence.

9.3) The limitation of liability in 9.1 does not apply in the event of death or personal injury to the consumer, or if fraudulent misrepresentation is found on Plantake’s part.

9.4) If a User relies on the information contained in the Apps beyond the intended purpose of general information, they do so at their own risk. Plantake will not be liable for any consequences resulting from such reliance.

9.5) The reference to property damage in 9.1 is without prejudice to liability arising from incorrect integration of the digital service.

9.6) In the event Plantake can no longer provide support, or it is deemed unnecessary and unreasonable to continue supporting older versions of the Apps, no liability will arise for any claimed loss or damage. If this occurs, Users may install the latest App Update or terminate the licence.

10) Restrictions of Use

10.1) In the absence of a licence obtained from Plantake explicitly stating otherwise, the App licensee shall not:
(i) Sub-license, assign or transfer any right granted under the licence;
(ii) Modify or create any derivative works;
(iii) Distribute the apps or any modification or derivative work;
(iv) Publicly perform or publicly display any content or material;
(v) Sell, commercially use or otherwise exploit the code, content, data or material.

10.2) The App licensee shall not reverse engineer, decompile or disassemble the Apps and the software contained therein.

10.3) In the event passwords or login credentials are required, the App licensee shall not share them with third parties or otherwise provide access. They are responsible for ensuring confidentiality and should contact Plantake if compromised.

10.4) Plantake has sole discretion to terminate or suspend the licence if the above restrictions are carried out.

10.5) We may be entitled to redress, and along with third party licensors can enforce intellectual property rights in the event of infringement.

11) Device Requirements

11.1) Prospective Users should consult the Plantake developer page on the Google Play Store, to discover which apps are available for a device.

11.2) Information regarding compatibility with a specific device and operating system version can be found on the Google Play / Apple Store description page of the specific app.

11.3) Notwithstanding any explicit or implicit reference to mobile phones, nothing in the Terms shall exclude other devices or means used to sign up to or access the Apps with. This includes any potential future compatible devices or access means.

12) Payment

12.1) In the event of payment default, a Subscription app licensee may have their licence suspended or terminated.

12.2) Upon cancelling a subscription, the Subscription app licensee will revert to Non-subscriber status on the date the cancelled subscription was due to renew. For all intents and purposes, they are a Non-subscription app licensee thereafter.

13) Termination and Survival

13.1) To terminate a Non-subscription licence, the Non-subscription app licensee should stop using the app(s), delete it from their device and, if applicable, delete the associated user account.

13.2) To terminate a Subscription licence, the Subscription app licensee should cancel their subscription and either:

(i) Convert to a Non-subscription licence, which will occur on the date the cancelled subscription was due to renew; or
(ii) Terminate the licence entirely, and accordingly stop using the app(s), delete it from their device and, if applicable, delete the associated user account.

13.3) Plantake may terminate a licence immediately, and without prior notice, if the conduct of a User triggers a termination ground.

13.4) Plantake reserves the right, alongside instances referred to in 13.3, to terminate licences if a decision is made to discontinue an app, provided reasonable notice is provided.

13.5) Notwithstanding termination and irrespective of the reason or party responsible, the relevant clauses will survive termination and remain applicable.

14) Updating Terms

14.1) Plantake reserves the right to change and update the Terms at any time. Reasons for such updates may include:
(i) Compliance with law;
(ii) Compliance with industry best practice;
(iii) Strengthening Consumer Protection;
(iv) Changes to content, features or services;
(v) Changes to service delivery;
(vi) Changes to subscription, payment or licensing;
(vii) Changes to commercial practice.

14.2) Plantake will take reasonable measures to provide the new Terms in advance if material changes are made. These measures allow the User to consider whether they want to continue use once effective. The reasonable measures may involve notifications through emails or in-app banners.

14.3) If the measures mentioned in 14.2 are taken, Plantake may provide a means for the User to communicate they do not accept the updated Terms.

14.4) Without prejudice to 14.3, by continuing to use the Apps after the effective date, the App licensee accepts the changes. If the User does not accept the updates, they should terminate their licence.

14.5) Notwithstanding 14.2, the App licensee has ultimate responsibility for ensuring they are aware of any changes to the Terms. It is recommended they habitually check the Terms for updates. For ease of reference, the date of last update will be provided at the top.

By using the App, you acknowledge that you have read, understood, and agreed to the terms and conditions of this Agreement, including the non-liability provisions outlined herein.

If you have any questions or concerns regarding this Agreement, please contact us at: contact.plantake@gmail.com

Last updated: 28th October, 2023.