TERMS OF USE

THIS PAGE (TOGETHER WITH THE DOCUMENTS REFERRED TO ON IT) CONTAINS THE TERMS OF USE OF THE PLANTO’S SERVICE PROVIDED THROUGH MOBILE APPLICATION AND WEBSITE “Planto Service” or “the App and website”) TO BE ACCEPTED BEFORE USING PLANTO. PLEASE READ ALL OF THE FOLLOWING TERMS OF USE CAREFULLY. IF YOU AGREE TO BE BOUND BY ALL OF THIS TERMS OF USE, CLICK ON THE “ACCEPT” BUTTON. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THIS TERMS OF USE , YOU WILL BE INELIGIBLE TO USE THE APP AND WEBSITE.

  1. General
    1. This set of Terms of Use is made by and between Planto Limited (“we”, “us”, “our” or the “ Planto Limited”), and the user of this App (“you”, “Licensee”, or the “User”).
  2. Access to the Planto Service
    1. You understand that Planto Service is available to you either online or downloading through the Play Store or App Store. All use of Planto Service shall be pursuant to this Terms of Use.
  3. License Grant and Restrictions
    1. Subject to your compliance with this Terms of Use , Planto Limited hereby grants you a personal, limited, non-exclusive and non-transferable license to use Planto Service on your device.
    2. You agree and accept that Planto Service is the sole property of Planto Limited and includes valuable trade secrets of Planto Limited. Except as otherwise permitted, this license does not grant you the right to use Planto Service for any other purpose, or to disclose, reproduce, distribute, modify or create derivative works of Planto Service. You agree not to decompile, reverse engineer, disassemble, decrypt, or otherwise attempt to derive the source code of the Planto Service.
    3. In any event, Planto Limited retains the exclusive ownership of Planto Service, and except as expressly set forth herein, no other rights or licenses shall be granted or be implied under any Planto Limited’s intellectual property.
  4. Intellectual Property
    1. The graphics, designs, source codes and service names are the intellectual properties of Planto Limited and shall not be used, including as part of trademark and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
    2. All intellectual property rights subsisting in respect of Planto Service belong to Planto Limited or have been lawfully licensed to Planto Limited for use on the Planto Service. All rights under applicable laws are hereby reserved. Except with the express permission of Planto Limited, you shall not be allowed to upload, post, publish, reproduce, transmit or distribute in any way any component of Planto Service itself or create derivative works with respect thereto, as the Planto Service is copyrighted under applicable laws.
  5. Feedback
    1. We shall provide you with the opportunity to submit feedback to Planto Limited. We shall request this information from you by email, web questionnaires, in-app chatbox, bug forms, and other mechanisms. By agreeing to the Terms of Use , you agree that Planto Limited may contact you from time to time about the Planto Service, and you hereby consent to receive such communications. You agree that in the absence of a separate written agreement to the contrary, we shall be free to use any feedback you provide for any purpose.
  6. Consent to Collection and Use of Data
    1. In order to improve Planto Service, you acknowledge that Planto Limited and its agents shall be collecting, using, storing, processing and analysing the diagnostic, technical, usage, and/or related information from your devices. This data shall be collected in a form that does not personally identify you except an email address and may be collected from such mobile devices at any time. The data that shall be collected includes, but is not limited to, general diagnostic and usage data, various unique system identifiers, information about your mobile device, system and application software, and, if Location Services is enabled, the real-time geographic location of your mobile device and location search queries. By accessing Plantp Service on your mobile device, you acknowledge and agree that Planto Limited and its agents have your permission to collect all such information and use it as set forth above. If you do not agree to the foregoing, you may request to delete your account and/or uninstall the App from your mobile device at any point.
    2. In order to help you apply for third party financial services through the App or website, you acknowledge that Planto Limited may at time, request for your identification information further than an email address. If collected, such information will only be used at your request or consent.
    3. System Logs and Diagnostic Files. In addition, you will have the option of manually attaching system diagnostic files (e.g., kernel logs, hang logs, crash logs, spin logs, install logs, application logs, etc.) from your mobile device (“System Logs”) to send to Planto Limited. Providing these System Logs is voluntary, but if you do provide them to us, then you acknowledge that we shall use them for diagnostic purposes and to improve the App and Planto Limited's products and services.
    4. Privacy Policy. Data collected pursuant to this Terms of Use (including the Financial Account Information (as defined below)) shall be treated in accordance with our Privacy Policy, which is incorporated by reference into this Terms of Use.
    5. Google API Depending on your usage of the Planto Service, Planto may receive information from Google APIs. All information received from Google APIs will adhere to the Google API Services User Data Policy, including the Limited Use requirement.
  7. Acting as your Authorized Agent
    1. Subject to our Privacy Policy, by accessing and using the financial aggregation services on the App or the website, you expressly authorize and direct Planto Limited, on your behalf, to electronically retrieve your account information maintained by third-party financial institutions with which you have a legally binding customer relationship (“Financial Account Information”).
    2. You acknowledge and agree that when Planto Limited is accessing and retrieving your Financial Account Information from third party sites, Planto Limited is acting as your agent, and not as the agent of or on behalf of any third-party financial institutions. You understand that the services on the App and the website are not endorsed or sponsored by any third-party financial institutions where your accounts held, and therefore, we do not guarantee and shall not be liable for the accuracy or reliability of any data, information or content that we electronically retrieve on your behalf from the third-party financial institutions.
    3. Planto Limited may not be able foresee or anticipate technical or other difficulties which may result in failure to retrieve your Financial Account Information. Planto Limited assumes no responsibility for the failure to retrieve any Financial Account Information, and loss of any Financial Account Information which is at no fault of Planto Limited.
  8. Link to Third Parties’ Website
    1. Where the App or website contain links to other sites and resources provided by third parties, these links are provided for your information only. Such links shall not be interpreted as approval or endorsement by us of those linked sites or information you may obtain from them. We have no control over the contents of those sites or resources. This Terms of Use shall not cover your interaction with any linked sites or third party resources.
  9. No Support Obligation
    1. Planto Limited will provide maintenance and technical support at our discretion. We are not obligated to provide you with any maintenance, technical or other support for the Planto Service. You agree to abide by any support rules and policies that Planto Limited provides to you in order to receive such support.
  10. No Warranty
    1. You expressly acknowledge and agree that, to the extent permitted by applicable law, all use of the Planto Service is at your sole risk and that the entire risk as to satisfactory quality, performance accuracy and effort is with you. Planto Limited is providing all information to your solely on an “as is” basis and without any warranty of any kind, whether express or implied, including without limitation. The implied warranties of merchantability, non-infringement, accuracy, completeness, performance and fitness for a particular purpose.
  11. Disclaimer of Liability and Indemnification
    1. You shall assume all risks and all costs associated with the installation or use of the App provided under the Terms of Use, including, without limitation, any back-up expenses, costs incurred for the use of Planto Services on your mobile device and peripherals, and any damage to any equipment, software, information or data. To the extent not prohibited by applicable law, in no event will Planto Limited be liable for any indirect special, Incidental or consequential damages, whether arising in tort (including negligence), contract or otherwise, arising out of or related to the Terms of Use, including any liability that stems from any use of the app on your mobile device and/ or any peripherals connected thereto, and/or from any other confidential information, and/or Planto Limited’s performance or failure to perform under the Terms of Use.
    2. In particular, we shall not be liable for :
      • loss of profits, sales, business, or revenue;
      • business interruption;
      • loss of anticipated savings;
      • loss of business opportunity, goodwill or reputation; or
      • any indirect or consequential loss or damage.
    3. Even if it has been advised or is aware of the possibility of such damages. In no event shall Planto Limited’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed an amount equal to any fees paid by you for installing, downloading, accessing or using Planto Service. The foregoing limitations shall apply even if the above state remedy fails of its essential purpose.
    4. You acknowledge and agree that we cannot always anticipate technical or other difficulties with the App and our website, either presently or as they evolve; the App and our website may contain bugs, errors or other problems, which may result in loss of your data or settings. Therefore, we shall not be liable for any loss and damages suffered by you due to the technical problems on the App and/or our website which is not reasonably foreseeable and beyond our control.
    5. You agree to indemnify, defend and hold us and any of our affiliates, licensors and agents, and all of their officers, directors, employees, agents, information providers and licensors harmless from and against any and all third-party claims, damages, liability and costs (including attorneys’ fees and costs) incurred by any of these parties that arise out of or are caused by your use of our services on the App and the website, your violation of this Terms of Use, your infringement of any intellectual property rights, or violation by any users of your account with Planto Limited. In the event that there are third party claims against you for which you may seek damages from us under this Terms of Use, or we are subject to any claim for which we have the right to be indemnified by you, we reserve the right at our expense in the case of claims by third parties against you, and at your expense in the case of claims for which we have the right to be indemnified by you, to assume the exclusive defense and control of any such claim, and you agree that in any event no such claim can be settled without our written consent.
  12. Paid features
    1. Planto app is free to install but majority of its features will require subscription fee.
    2. Newly registered users will have a free trial access to the application and all of its features for 90 days.
    3. During or after the trial access, you can unlock paid version of the application by purchasing a suitable subscription plan. Latest details about the subscription plan can be found in the Planto app
    4. Trial users will have the option to request for account or information deletion in accordance with our privacy policy.
  13. Modification
    1. This Terms of Use shall continue in effect until cease to have effect. We may modify or change the Terms of Use at any time without notice to reflect the changes, with or without cause. Every time you wish to use Planto Service, please review this Terms of Use to ensure you understand the terms that apply at that time.
  14. Third Party Information
    1. The Planto Service may contain information, statistical or aggregated data and other copyrighted material (collectively known as, “Third Party Information”) supplied by third parties. Acknowledgements, licensing terms, and disclaimers for such information are contained within, and your use of such information is governed by such respective terms. Mention of third parties and use of such Third Party Information provided to the Users is for informational and knowledge purposes only and Planto Limited shall have no responsibility or liability with regard to nor warrants the performance or accuracy of the information supplied by the third parties.
  15. Waiver
    1. No failure or delay by a party to exercise any right or remedy provided under this Terms of Use or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
  16. Assignment and Other Dealings
    1. This Terms of Use is personal to the parties and neither party shall without the prior written consent of the other party assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any of its rights and obligations under this Terms of Use.
  17. No unlawful or prohibited use
    1. As a condition of your use of Planto Service, you warrant to us that you shall not use the service for any purpose that is unlawful or prohibited by this Terms of Use and notices. You shall not use the site in any manner which could damage, disable, overburden, or impair Planto Service or interfere with any other party’s use and enjoyment of the service. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the App or website.
    2. Your use of the Planto Service shall not:-
      1. be false, inaccurate or misleading;
      2. be violation of any applicable law, statute, ordinance, regulation or these Terms of Use.
    3. We do not guarantee that the Planto Service, or any content on it, will be always be available or be uninterrupted. We may suspend, modify, deny, discontinue, cancel or stop any access to or use of the App and the services (“Interruption”) at any time for the following reasons:
      1. the maintenance of, or technical or other enhancements to Planto Service;
      2. the security of Planto Service;
      3. the business and operational reasons of the Planto Limited;
      4. suspected unauthorized or fraudulent use of Planto Service and/or the services; or
      5. any Force Majeure event which is beyond the control of Planto Limited.
      We shall notify you of any Interruption as soon as reasonably practicable and we shall use reasonable efforts to minimize the duration and/or impact of such Interruption. We shall not be liable for any loss suffered or incurred by you or any other person arising out of any Interruption.
  18. Governing Law and Jurisdiction
    1. This Terms of Use 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 the laws of the Hong Kong Special Administrative Region and the courts of Hong Kong shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Terms of Use or its subject matter or formation.
  19. Severance
    1. If any provision or part-provision of this Terms of Use is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Terms of Use.
  20. Entire Terms and Conditions
    1. The Terms of Use , including any appendices made effective pursuant to the Terms of Use and any additional licenses accompanying the Company Software,App and website, constitutes the entire Terms of Use herein and supersedes all prior or contemporaneous oral or written agreements.
  21. Contact
    1. If you have questions or concerns about this Terms of Use, please contact us via email at hello@planto.hk.
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Planto Limited © 2021