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.
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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.
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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.
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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.
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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.
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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.
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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).
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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.
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Contact
- Questions about the Terms and Conditions or your rights can be sent to contact@getplime.app.
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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.