Terms of Use
Thank you for choosing PlantMelo, a service provided by Hong Kong Shengfei Information Technology Limited and its affiliates (referred to as "we" or "our"). These Terms and Conditions ("Agreement") form a legally binding contract between you and us. By accessing or using our websites and applications (collectively, "Our Services"), you agree to comply with the terms outlined here. Please read this Agreement carefully before using Our Services.
Eligibility
You may only use Our Services if you agree to these terms and are not restricted by any legal requirements in your jurisdiction. You must be at least 16 years old to use Our Services. If you are between the ages of 16 and 18 (or the applicable age of majority in your jurisdiction), you must have your parent or guardian’s consent.
1. Using Our Services
We grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use Our Services, as long as you are not prohibited from doing so by law. This license remains effective until you delete your account or we terminate it under this Agreement.
You are prohibited from using Our Services for illegal activities or violating any laws.
You may not transfer, sublicense, or assign your rights under this Agreement.
By agreeing to this, you confirm that:
(a) You have the necessary authority and rights to enter into this Agreement and that it does not violate any other agreements or third-party rights.
(b) Your use of Our Services will comply with applicable laws and will not infringe upon our or third parties’ intellectual property, privacy, reputation, or other legal rights.
If you breach any part of this Agreement, we may suspend or terminate your access to Our Services, and you will be responsible for any damages incurred.
We reserve the right to modify, discontinue, or temporarily suspend Our Services at any time, with or without notice, and we will not be liable for such changes.
2. Your Content
You retain ownership of the content you upload ("Your Content"). You are responsible for ensuring you have the legal right to upload and process Your Content. We may remove or restrict access to Your Content if it violates this Agreement.
3.Fees
We offer both free and paid Services. If you choose to subscribe to a paid Service, you agree to pay the fees ("Fees") as quoted to you when you purchase that Service. We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase. You are responsible for all charges related to using the purchased Service (for example, data charges and currency exchange settlements). You will pay the Fees in the currency We quoted at the time of purchase. We reserve the right to change the eligible currencies at any time, except where not permitted by applicable law. We reserve the right to change its prices at any time. However, if we have offered a specific duration and Fee for your use of the Service, we agree that the Fee will remain in force for that duration.
4. Intellectual Property
We hold all intellectual property rights to the content we provide, including trademarks, copyrights, and patents. You may use Our content only with our prior written consent.
Without our permission, you may not:
(a) Reproduce, distribute, or create derivative works from Our content.
(b) Lease, sell, transfer, or sublicense Our content or any part of it.
You may not reverse-engineer, decompile, or disassemble our software unless expressly authorized by us in writing.
This Agreement does not transfer any intellectual property rights between the parties.
5. Limitation of Liability
We, including our directors, officers, employees, and agents, are not liable for any indirect, special, consequential, incidental, or punitive damages (including lost profits) arising from your use of Our Services, whether due to contract breach or negligence, even if we were warned of the possibility of such damages.
Where applicable law limits our ability to disclaim warranties, this limitation applies to the fullest extent permitted.
6. Disclaimer
We make no explicit or implied warranties regarding Our Services, including, but not limited to, their fitness for a particular purpose, accuracy, or non-infringement.
To the fullest extent permitted by law, Our Services are provided "as is" and "as available." You assume all risks related to the use of Our Services, including potential damage to your device or data and content loss.
7. Privacy
Your personal data will be collected and processed according to our Privacy Policy, which we recommend you review carefully.
8. Suspension and Termination
This Agreement remains in effect until either you or we terminate your access to Our Services. You can stop using Our Services at any time by deleting your account.
We may suspend or terminate your access if:
(a) Maintenance or updates are required.
(b) We need to make changes to Our Services.
(c) We believe you have violated this Agreement.
(d) Your use poses risks or damages our reputation.
(e) Termination is required by law.
If your access is suspended, you remain responsible for any fees incurred up to the suspension date.
If we terminate your access, you agree that:
(a) All rights under this Agreement cease.
(b) You remain liable for any fees up to the termination date.
9. Force Majeure
Neither party will be considered in breach of this Agreement due to events beyond their control, such as natural disasters, government actions, terrorism, or other unforeseen circumstances. The affected party must notify the other party promptly and mitigate the impact.
10. Changes to This Agreement
We may update this Agreement to reflect changes in Our Services or legal requirements. We will notify you of significant changes before they become effective, and you can choose to accept the new terms or discontinue using Our Services. Continuing to use Our Services after the update indicates your acceptance of the revised Agreement.
11. Governing Law and Dispute Resolution
This Agreement is governed by the laws of your jurisdiction.
For disputes:
(a) In the United States, California law applies, and disputes will be settled in California courts.
(b) In the EU, disputes will be resolved in your local court or via an alternative dispute resolution (ODR platform).
(c) In Australia, consumer rights are protected by the Competition and Consumer Act, and disputes will be handled according to applicable law.
12. Notice
We may send notifications related to this Agreement through announcements or to the contact information you provided during registration. It is your responsibility to ensure your contact details are accurate and up-to-date.
13. Miscellaneous
This Agreement represents the complete understanding between you and us regarding the use of Our Services.
If any part of this Agreement is found to be invalid by a court, the rest will remain in effect.
Titles are for convenience only and do not affect the Agreement.
14. Contact and Support
For any questions or concerns regarding this Agreement, or if you wish to exercise your rights, please contact us at plantmelo_opinion@hotmail.com.