Terms and Conditions
These Terms and Conditions are a legally binding agreement between you (the User,
you, or your) and the legal owner of Plime (the
App),
(hereinafter referred to as Plime, we, our or
us). The
App is an app designed to set goals, tasks, and habits, and to share these with other users. Upon
signing up
to use the App, you must confirm your acceptance of these Terms and Conditions. If you do not agree
to these
Terms and Conditions, you must immediately uninstall the App and discontinue its use. These Terms
and
Conditions should be ready alongside our privacy policy.
These Terms and Conditions will also be published on our website, located at www.getplime.app, and will equally apply to your use of this
website.
- General Applicability and Amendment
- These Terms and Conditions apply to all services offered by Plime on the App (the
Services), except where expressly indicated to the contrary.
- These Terms and Conditions incorporate Apple’s terms and conditions and privacy
policies (the
Platform Terms). If there is any conflict between these Terms and
Conditions and
the Platform Terms, these Terms and Conditions will prevail.
- You may not use the Services nor accept these Terms and Conditions if you are not of legal
age or
have the required mental capacity to form a binding contract with Plime.
- The use of the Services requires the unconditional acceptance by the User of the
applicability of
these Terms and Conditions. It is the responsibility of the User to read and understand the
Terms
and Conditions prior to using the App. If you do not agree to these Terms and Conditions, do
not use
the App or any other of our Services.
- All terms and conditions maintained by the User that are contrary to these Terms and
Conditions are
hereby rejected and therefore do not apply to the use of the App.
- In the event that one or more of the provisions in these Terms and Conditions are found to
be wholly
or partially invalid, the remaining provisions will remain in force. Plime will formulate
new
provisions to replace the invalid provisions, whereby the scope of the original provisions
will be
carefully considered.
- Plime may unilaterally and without notice change these Terms and Conditions. The amended
Terms and
Conditions are immediately applicable to any use of the App.
- Except as supplemented by additional terms and conditions, policies, guidelines or
standards, these
Terms and Conditions contain the entire legal understanding between Plime and you and
supersedes any
and all prior or written understandings or agreements in relation to you access to and use
of the
Services.
- Any personal data submitted by you to Plime will be governed by the Privacy Policy.
- Use of the App
- In order to use the App, the User can create an account on the App by logging in with their
iCloud
details (the User Account). The User must provide all details and
information, of
which Plime has stated it is required for the performance of the Services, or of which the
User
should reasonably understand it to be necessary for such performance. If any information
provided
during the registration process or thereafter is or becomes inaccurate, false or misleading,
Plime
has the right to suspend or terminate the account.
- The User hereby warrants and represents to be at least 18 years of age or to have a parent
or legal
guardian accept these Terms and Conditions on their behalf.
- By creating an account on the App, the User agrees and warrants that the User will:
- store all passwords and usernames securely;
- only provide accurate, fair, up-to-date and complete information;
- notify Plime of any unauthorized use or security breach. Plime will not be liable for
any
liability, damage, cost, loss, or expense caused by or in connection with any
unauthorized use
of the account;
- never share the password or username or account access with unauthorized individuals;
- accept responsibility and liability for all activity that occurs under the User’s
account(s);
- never transfer or sell your account to another person.
- The User shall guarantee the correctness, completeness, and reliability of relevant
information
provided to Plime.
- Plime has the right to limit the User’s activity on the App or to terminate the
registration
without prior notice for any reason, but in any case, following a breach of these Terms and
Conditions.
- The Services and/or the App may contain links to other websites and services which are
developed,
sponsored and/or maintained by third parties. Plime does not review, monitor, operate, or
control
any such third-party website/services accessible through these links and is not responsible
for the
content available through third party services/websites. User hereby agrees and acknowledges
that
any such use shall be at User’s own risk.
- User hereby agrees not to use the App in any way that:
- is unlawful, illegal or unauthorized;
- is defamatory of any other person;
- is obscene or offensive;
- promotes discrimination based on race, sex, religion, nationality, disability, sexual
orientation, or age;
- infringes any copyright, database right, or trade mark of any other person;
- is likely to harass, upset, embarrass, alarm, or annoy any other person;
- is likely to disrupt our Services in any way; or
- advocates, promotes, or assists any unlawful act.
- The User may also not attempt to (1) circumvent any security (systems) on the App; (ii)
upload or
submit content that contains viruses, or any other computer code, corrupt files, or programs
designed to interrupt, destroy, or limit the functionality, or to disrupt any software,
hardware, or
other equipment; or (3) reverse engineer, decompile, disassemble, or otherwise attempt to
discover
the source code of the Services or any part thereof.
- The Plime name and logo, and other Plime trademarks, copyrights, graphics and/or service
marks, as
well as other intellectual properties, used in connection with the App are the intellectual
property
of Plime. They may not be copied, imitated or used, in whole or in part, without the prior
written
permission of Plime.
- The content, organization, graphics, text, images, video, design, compilation, advertising
and all
other material on the App are protected under applicable copyrights and other proprietary
rights and
are the property of Plime or its licensors. The copying, rearrangement, redistribution,
modification, use or publication by the User, directly or indirectly, of any such matters or
any
part of the App, including but not limited to the removal or alteration of advertising,
except for
the limited rights of use granted hereunder, is strictly prohibited.
- Plime hereby grants the User a non-exclusive, non-transferable, revocable licence to use the
App for
your personal, non-commercial use on an Apple device as permitted by Platform Terms and in
accordance with these Terms and Conditions. All other rights in and to the App are reserved
by
Plime.
- User acknowledges that the User may be charged by their own mobile provider while using
certain
features of the App when not connected to a free internet source. If the User is not the
bill payer
for the mobile device that is used for the App, Plime assumes that you have received
permission from
the bill payer to use the App.
- Plime may from time to time introduce new features to the App, or remove features, at its
sole and
absolute discretion, with or without notification.
- Users may reply to other users’ feature requests in the dedicated functionality in the
App.
Plime will not be responsible for any such interactions in any way. Plime reserves the right
to
remove any interactions from the App if the content is deemed unreasonable or contrary to
these
Terms and Conditions.
- Fees and Expenses
- Within this section, “Premium Service” shall mean any service
made
available through the App on a paid subscription basis. If you subscribe to any Premium
Service, you
agree to pay any and all applicable fees (including recurring fees) incurred in connection
with your
User Account at the rates in effect when the charges were incurred. The subscription and
payments
are managed by Apple.
- The User may be automatically charged on their credit card at the beginning of the billing
period,
and billing will recur automatically at the interval of your choosing at sign up until you
terminate
your User Account or the Premium Services. If you decide to terminate the Premium Services,
this
termination will be effective immediately, and you will not receive a refund for any amounts
already
paid.
- In the event that Plime offers a free trial, the User may use the App and the Services
thereon free
of charge for the period stated in the offer, after which the free trial will automatically
roll
over into a paid subscription. The User will not be charged if the subscription is cancelled
prior
to the expiration of the free trial.
- Plime reserves the right to revoke any trial if it deems that these Terms and Conditions
have been
violated. For serious violations, Plime may close or suspend the User Account, either
temporarily or
permanently or commence legal actions if applicable and warranted.
- As a consumer, the User has the legal right to change their mind, without giving Plime a
reason, and
cancel their subscription within 14 days of the date the User activated their plan in order
to
receive a refund. By accepting these Terms and Conditions, the User expressly acknowledges
that the
right of withdrawal starts on the first day the User enters into an agreement with Plime. If
the
User opts to use a free trial prior to entering into a paid subscription, the first day of
the free
trial shall count as the first day of the 14-day withdrawal period. The right of withdrawal
does not
apply to any renewals of the subscription period, whether monthly, yearly or another
interval.
- The User agrees to pay any applicable taxes and reimburse us for any collection costs and
interest
for overdue amounts, including (extra)judicial collection costs such as reasonable
attorney’s
fees.
- Any prices displayed are in US Dollars ($), inlcuding the statutory VAT and other applicable
taxes,
except if explicitly stated otherwise. Typing errors and price changes are reserved.
- Force Majeure
- In the event of force majeure, there is no shortcoming attributable to Plime. Force majeure
in these
Terms and Conditions is understood to mean any circumstance independent of the will of Plime
- even
if it was foreseeable at the time these Terms and Conditions were accepted by User - which
permanently or temporarily prevents fulfilment of the obligations under these Terms and
Conditions,
and - to the extent not already therein included – war; danger of war; civil war;
natural
occurrences such as, but not limited to, fires, explosions, earthquakes, drought, tidal
waves, and
floods; riot; strike; transport difficulties; computer malfunctions; power outages; a
pandemic,
epidemic or any other threat to public health; staff illness; and all external causes,
foreseen or
not foreseen, on which Plime does not have any influence. To the maximum extent permitted by
applicable law, Plime will not be liable for any compensation for any loss arising from
force
majeure.
- Limitation of Liability
- To the maximum extent permitted by law, Plime makes no representations or warranties,
express or
implied, about the accuracy, correctness, quality or completeness of any information
provided on the
App. Similarly, Plime makes no warranties with respect to merchantability or fitness for a
particular purpose.
- Plime does not warrant or guarantee that the App will be free from bugs or viruses and that
it will
be secure at all times.
- Plime does not guarantee the continuous and uninterrupted availability and/or accessibility
of the
Services and/or the App. Plime reserves the right to limit the availability of the Services
or
certain parts thereof, if this is necessary in connection with capacity limits, security or
to carry
out maintenance on the Services. Plime further has the right to improve and/or change the
Services
and introduce new features from time to time.
- Plime is not liable for possible damage caused under these Terms and Conditions or your use
of the
App, both by itself and by third parties, except in the case of intent or deliberate
recklessness on
the part of Plime, or if the damage caused was foreseeable.
- To the maximum extent permitted by law, Plime shall not be liable for any indirect,
incidental,
special, consequential, or punitive damages, including any loss of profits or revenues,
whether
incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible
losses
resulting from: (a) your use of or inability to use our App or (b) any conduct of any party
other
than Plime itself.
- The User indemnifies Plime against all claims from third parties for compensation of damage,
including reasonable attorneys’ fees and costs.
- Term and Termination
- Plime reserves the right to modify, suspend, or delete the User Account and terminate the
User’s access to the App and Services if Plime, at its sole and absolute discretion,
believes
that the User has breached these Terms and Conditions. Following such termination, the
User’s
license to use the App will be automatically revoked. Plime shall not be liable for any such
actions
taken, nor for the deletion of information or content from the User Account. The User shall
not be
entitled to receive a refund for any time remaining on the subscription period.
- The User may delete their User Account and terminate the use of the Services by following
the
step-by-step process as set out on the App. Once the User Account is deleted, the license
granted to
the User for use of the App is revoked. The User shall not be entitled to receive a refund
for any
time remaining on the subscription period (with the exception of exercise of the
User’s rights
under Section 3.5 of this Agreement).
- Applicable law
- Only the laws and regulations of Belarus apply to the legal relationship between User and
Plime.
- The Courts of Belarus are authorized (in the first instance) to take cognizance of any
dispute
between User and Plime, unless otherwise required by law.
- Plime and User shall always attempt to the best of their abilities to resolve any dispute or
issue
in mutual consultation before commencing any legal proceedings.
- Contact
- Questions about the Terms and Conditions or your rights can be sent to contact@getplime.app.
- Language
- These Terms and Conditions were written in English. By accepting these Terms and Conditions,
the
User unconditionally agrees to all these terms, even when the User does not speak English.