Terms of Service

1. Acceptance of Terms

By accessing or using the Plant Melody mobile application ("Application"), you agree to comply with and be bound by the terms and conditions set forth in this Terms of Service agreement. If you do not agree to these terms, please do not use the Application.

2. Use of the Application

2.1 Plant&Me Limited Ownership: The Application, including all content, features, and functionality, is owned by Plant&Me Limited. All rights not expressly granted herein are reserved by Plant&Me Limited.

2.2 Permitted Use: Users are granted a limited, non-exclusive, and non-transferable license to use the Application for personal, non-commercial purposes only.

3. Territorial Scope

3.1. These Terms apply within the European Economic Area (EEA), the United Kingdom, Switzerland, as well as worldwide, with particular emphasis on including countries such as Japan, United States, South Korea, Canada, Australia, New Zealand, Singapore, Taiwan, United Arab Emirates, and any other location where the Application is accessible.

4. Subscriptions

4.1. Ongoing subscriptions
By purchasing an Ongoing subscription (monthly or yearly) to utilize Plant Melody, you agree to a continuous subscription for the chosen period, automatically renewing for subsequent periods until canceled. Plant&Me Limited is authorized to charge your designated payment method at the initiation of each subscription period, at the prevailing price for your selected Monthly or Yearly subscription, inclusive of any applicable taxes and fees, unless canceled. In the event of failed payment for your Monthly or Yearly subscription, you remain liable for any outstanding amounts.

4.2. Cancellation Policy: To avoid being charged for the next subscription period, you are required to cancel your monthly or yearly Subscription at least 72 hours before the end of your current subscription period. If you obtained your subscription directly through plantmelody.io, you can initiate the cancellation process within the Plant Melody app, accessible through your account settings. For subscriptions purchased via third-party platforms such as app stores, you must manage the cancellation directly through the respective third-party platform such as app stores or the Plant Melody app. In case you encounter any issues with cancellation, please reach out to us via email at hello@plantmelody.com with the subject line "Cancellation Subscription" for assistance.

4.3. Changes. We reserve the right to modify your Ongoing Subscription, including adjustments to pricing. Any significant alterations to your Ongoing Subscription, such as changes in pricing, will be communicated to you via email at least 14 days prior to implementation, using the email address linked to your account. If you disagree with these modifications, you have the option to terminate your subscription in accordance with the guidelines outlined in the Cancellation Policy section. Price adjustments will not take effect during the current term of your Ongoing Subscription.

5. Eligibility

5.1 Age Requirement and Legal Guardians' Consent: By using the Plant Melody application, you affirm that you are of legal age. If you are not of legal age, you must obtain consent from your legal guardians to use the application. Their acceptance of these terms indicates their approval of your usage.

5.2. Accurate Account Information and Security: Upon registration for an account, you are required to provide truthful and precise information. It is your responsibility to ensure that this information remains up-to-date. Safeguarding the security of your account is paramount. If you suspect any unauthorized access or security breach, promptly notify us via email at hello@plantmelody.com.

5.3 Account Usage Responsibility: If you grant access to your account to others, you are liable for their actions within the application, unless you can demonstrate that such use is deceitful or unauthorized.

6. Content Usage and Restrictions

6.1. Music for Plants and Meditation: The music provided in the Application is intended for use in promoting relaxation and well-being for both humans and plants. Any other use, including commercial reproduction, is strictly prohibited.

6.2. Intellectual Property: Users agree not to reproduce, modify, distribute, or otherwise exploit any content from the Application without the express written consent of Plant&Me Limited.

6.3. Digital Rights Management (DRM): The Application incorporates measures to protect against unauthorized copying and distribution of music. Users are prohibited from attempting to bypass or disable these protective measures.

7. Privacy Policy

By using the Application, you agree to the terms of our Privacy Policy, which can be found at plantmelody.io

8. Health Disclaimer

8.1. Consultation with a Professional: The Application is not a substitute for professional medical or botanical advice. Users are encouraged to consult with healthcare professionals for personalized advice concerning their health or the well-being of their plants.

8.2. Medical Disclaimers

Plant&Me Limited endeavors to provide valuable services through its Application, however, it is important to recognize the following disclaimers and limitations:

1. Informational Purposes: The Services provided are solely for informational purposes and are not intended, designed, or implied to diagnose, prevent, or treat any condition or disease. They are not a substitute for professional medical care.
2. Non-Medical Care Provider: Plant&Me Limited, operating as Plant Melody, is not a licensed medical care provider. We do not engage in diagnosing, examining, or treating medical conditions, nor do we prescribe treatments or determine the effect of any specific treatment on a medical condition.
3. No Emergency Services: We do not provide emergency services and are not obligated to contact you or anyone on your behalf regarding your medical condition or treatment.
4. Accuracy and Reliability: While we strive for accuracy and reliability, Plant Melody is not responsible for the accuracy, reliability, effectiveness, or correct use of any of the Services.
5. Consultation with Medical Professionals: It is imperative to consult a medical professional for any inquiries regarding a medical condition. Never disregard professional medical advice or delay in seeking it due to information obtained through the Services.
6. Suitability of Activities: Not all activities described as part of the Services are suitable for everyone. Do not engage with the Services while driving, operating heavy machinery, or performing tasks that require attention and concentration.

9. Limitation of Liability

9.1. Plant&Me Limited shall not be liable for any direct, indirect, incidental, special, or consequential damages resulting from the use or inability to use the Application.

9.2. We shall not be held liable (under these Terms or for negligence) for any losses resulting from your breach of these Terms or arising beyond our reasonable control and not avoidable through reasonable actions. In the event of our non-compliance with these Terms, our liability shall be limited to foreseeable losses or damages that you incur as a direct consequence of our breach. Loss or damage is considered foreseeable if it was obvious or if, at the time of accepting these Terms, both parties were aware that it could occur.

10. Legal Protection

10.1. Intellectual Property Protection: Users acknowledge and agree that the music and content provided in the Application are protected by intellectual property and copyrights laws. Any attempt to copy, modify, or create a similar application will result in legal action.

10.2. Non-Disclosure Agreement: Users are prohibited from disclosing or using any confidential information obtained from the Application for any purpose other than their personal use.

10.3. Legal Recourse for Copyright Infringement: In the event of copyright infringement, Plant&Me Limited reserves the right to pursue legal action, including seeking injunctive relief and damages, to the fullest extent permitted by law.

11. Technology Protection

11.1. All technology utilized within the Application is safeguarded by copyright law and licenses. No part of this technology may be copied, modified, or distributed without authorization from Plant&Me Limited.

12. User Responsibilities

12.1. Account Security: Users are responsible for maintaining the confidentiality of their account information and for all activities that occur under their account.

12.2. Compliance with Laws: Users agree to comply with all applicable laws (English Law), regulations, and third-party agreements while using the Application.

13. Third-Party Content

13.1. The Services may include information about, and links to, third-party products, services, websites, resources, activities, or events, and we may permit third-parties to provide their content and information through the Services (collectively, “Third-Party Content”). Third-Party Content is provided solely for your convenience, and we do not exercise control over or endorse any Third-Party Content. You acknowledge that your access to and use of such Third-Party Content is at your sole risk. We do not assume any responsibility for the accuracy, completeness, or legality of Third-Party Content. Your interactions with third parties through the Services, including your use of or reliance on any Third-Party Content, are solely between you and the third party, and subject to any terms and conditions or agreements between you and such third party.

14. Termination

Plant&Me Limited reserves the right to terminate or suspend access to the Application at any time, with or without cause, and with or without notice.

15. Governing law and jurisdiction

15.1. This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law.

15.2. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).

16. Complaints

16.1 If you believe that any content on the Services infringes upon the rights of others (such as copyright infringement, counterfeiting, defamation, or invasion of privacy), or if you believe that User Content violates any applicable laws (e.g., by promoting crimes against humanity, inciting racial hatred or violence, or involving child pornography), please contact us at hello@plantmelody.com. We take such complaints seriously and will investigate and take appropriate action in accordance with applicable laws and our policies. Please provide detailed information about the alleged infringement or violation, including the specific content at issue and the basis for your complaint. We reserve the right to remove or disable access to any content on the Services that we believe, in our sole discretion, violates these Terms of Use or is otherwise inappropriate or unlawful.

17. Changes to Terms

17.1. Plant&Me Limited retains the right to modify these Terms at its discretion. Any alterations will be published within the Application.

17.2. Continued use of the Application subsequent to modifications indicates acceptance of the revised Terms.

18. Dispute Resolution

Any dispute arising out of or related to these Terms of Service will be resolved through binding arbitration in accordance with the rules of the United Kingdom Arbitration Association. The prevailing party shall be entitled to recover reasonable attorney's fees and costs.

19. Contact

For inquiries or concerns regarding these Terms, please contact us via email at: hello@plantmelody.com.

If you have questions about these Terms or the Services, please contact Plant&Me Limited by email at hello@plantmelody.com or write to us at 7 Bell Yard, WC2A 2JR, London, United Kingdom.

Thank you for using the Plant Melody Application!