PRE-RELEASE SOFTWARE TERMS OF USE

THIS PAGE (TOGETHER WITH THE DOCUMENTS REFERRED TO ON IT) CONTAINS THE TERMS AND CONDITIONS OF THE PLANTO BETA PROGRAM AGREEMENT (“AGREEMENT”) TO BE ACCEPTED BEFORE PARTICIPATING IN THE PLANTO BETA PROGRAM. PLEASE READ ALL OF THE FOLLOWING TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY. IF YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, CLICK ON THE “ACCEPT” BUTTON. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU WILL BE INELIGIBLE TO PARTICIPATE IN THE PLANTO BETA PROGRAM.

These terms are not applicable to any final, non-beta versions of any mobile application or software product released by Planto Limited.

  1. General
    1. THIS AGREEMENT is made by and between Planto Limited (“we”, “Planto Limited” or the “Company”), and You (“you”, “Licensee”, “Beta Program participant(s)” or the “User”).
  2. Participation in the Planto Beta Program
    1. The purpose of the Planto Beta Program (“Beta Program”) is to make alpha, beta, and other pre-release software, pre-release services, and related documentation, materials, and information (collectively, the “Pre-Release Software”) available to Beta Program participants from time to time for the purpose of providing Planto Limited with feedback on the quality and usability of the Pre-Release Software.
    2. You understand and agree that participation in the Beta Program is voluntary and does not create a legal partnership, agency, or employment relationship between you and Planto Limited. You understand that your participation in the Beta Program does not obligate Planto Limited to provide you with any Pre-Release Software. We reserve the right to modify the terms, conditions, and policies of this Beta Program and to modify or terminate the Pre-Release Software or your participation or access in this Beta Program at any time, for any reason, without notice, and without liability to you.
    3. You also certify that you are of the legal age of majority in the jurisdiction in which you reside (at least 18 years of age in many countries) and you represent that you are legally permitted to join the Beta Program. This Agreement is void where prohibited by law and the right to become a Beta Program participant is not granted in such jurisdictions.
    4. Unless otherwise agreed or permitted by us in writing, you cannot share or transfer any software or other materials you receive from Planto Limited in connection with being a Beta Program participant. The User ID and password you use to login as a Beta Program participant cannot be shared in any way or with any one. You are responsible for maintaining the security and confidentiality of your user ID and password and for any activity in connection with your account.
  3. Access to Pre-Release Software and Additional Terms
    1. You understand that we may make Pre-Release Software available to you for downloading online through an invitational email or by clicking on a weblink. All use of such Pre-Release Software shall be pursuant to the terms and conditions of this Agreement accompanying such Pre-Release Software.
  4. License Grant and Restrictions
    1. Subject to your compliance with this Agreement, Planto Limited hereby grants you a personal, limited, non-exclusive and non-transferable license to use the Pre-Release Software on your mobile device solely for testing and evaluation purposes and only in connection with this Beta Program.
    2. You agree and accept that the Pre-Release Software 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 the Pre-Release Software for any other purpose, or to disclose, reproduce, distribute, modify or create derivative works of the Pre-Release Software. You agree not to decompile, reverse engineer, disassemble, decrypt, or otherwise attempt to derive the source code of the Pre-Release Software (except as and only to the extent the foregoing restrictions are prohibited by applicable law, or to the extent as may be permitted by licensing terms governing use of open-sourced components included with the Pre-Release Software).
    3. Unless otherwise permitted, you agree that the Pre-Release Software will only be used for testing and evaluation purposes in connection with the Beta Program, and will not be rented, sold, leased, sublicensed, assigned, distributed or otherwise transferred. Planto Limited retains ownership of the Pre-Release Software, and except as expressly set forth herein, no other rights or licenses are granted or to be implied under any Planto Limited intellectual property.
  5. Feedback
    1. As part of the Beta Program, we will provide you with the opportunity to submit feedback to Planto Limited. We may request this information from you by email, web questionnaires, in-app chatbox, bug forms, and other mechanisms. By agreeing to this Agreement, you agree that Planto Limited may contact you from time to time about the Beta Program, and you hereby consent to receive such communications. You agree that in the absence of a separate written agreement to the contrary, we will be free to use any feedback you provide for any purpose.
  6. Consent to Collection and Use of Data
    1. Versions of Pre-Release Software. In order to test and improve our products and services, you acknowledge that Planto Limited and its agents will be collecting, using, storing, processing and analysing (collectively, “collecting”) diagnostic, technical, usage, and/or related information from your mobile devices that are running versions of the Pre-Release Software as part of this Beta Program. This information will be collected in a form that does not personally identify you except an email address and specific information that may be collected from such mobile devices at any time. The information that would 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 installing or using versions of the Pre-Release Software 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 delete your account from the Pre-Release Software and the Pre-Software from your mobile device at any point.
    2. System Logs and Diagnostic Files. In addition, as part of your participation in the Beta Program, 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. Such System Logs may include personally identifiable information, including, without limitation, your account name and other information stored on your mobile device. Providing these System Logs is voluntary, but if you do provide them to us, then you acknowledge that we may use them for diagnostic purposes and to improve the Beta Program and Planto Limited's products and services.
    3. Discussion Forums. As part of the Beta Program, you may be asked to participate in discussion forums provided by Planto Limited about the Pre-Release Software that we may make available to you. The information you send to us or provide through these forums will be deemed confidential. Planto Limited will make reasonable efforts to keep such information private, and will not sell it or disclose it to third parties, except as described in our Privacy Policy, or when required to do so by law.
    4. Privacy Policy. Data collected pursuant to this Clause will be treated in accordance with our Privacy Policy, which is incorporated by reference into this Agreement.
  7. No Support and Maintenance
    1. During your participation in the Beta Program, we are not obligated to provide you with any maintenance, technical or other support for the Pre-Release Software. If, at Planto Limited’s option, such support is provided, it will be provided in addition to your normal warranty coverage for your mobile device. You agree to abide by any support rules and policies that Planto Limited provides to you in order to receive such support. You acknowledge that Planto Limited has no express or implied obligation to announce or make available a commercial version of the Pre-Release Software to anyone in the future. Should a commercial version be made available, it may have features or functionality that are different from those found in the Pre-Release Software licensed hereunder.
  8. No Warranty
    1. The Pre-Release Software provided hereunder may be designated as alpha, beta, development, pre-release, untested, or not fully tested versions. The Pre-Release Software may be incomplete and may contain errors or inaccuracies that could cause failures, corruption and/or loss of data or information. You expressly acknowledge and agree that, to the extent permitted by applicable law, all use of the Pre-Release Software 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, INCLUDING THE PRE-RELEASE SOFTWARE, TO YOU SOLELY ON AN “AS IS” BASIS AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTIBILITY, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, PERFORMANCE, AND FITNESS FOR A PARTICULAR PURPOSE.
    2. You acknowledge that Planto Limited has not publicly announced the availability of the Pre-Release Software, that Planto Limited has not promised or guaranteed to you that such Pre-Release Software will be announced or made available to anyone in the future, and that Planto Limited has no express or implied obligation to you to announce or introduce the Pre-Release Software or any similar or compatible product, or to continue to offer access to the Pre-Release Software in the future.
  9. Disclaimer of Liability
    1. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH TESTING, INSTALLATION, OR USE OF THE PRE-RELEASE SOFTWARE PROVIDED UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF THE PRE-RELEASE SOFTWARE 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 THIS AGREEMENT, INCLUDING ANY LIABILITY THAT STEMS FROM ANY USE OF THE PRE-RELEASE SOFTWARE 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 THIS AGREEMENT, 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 THE AMOUNT OF ONE THOUSAND HONG KONG DOLLARS (HKD 1,000.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
  10. Term and Termination
    1. This Agreement will continue in effect until terminated. You may terminate this Agreement at any time, for any reason. We may terminate this Agreement at any time, with or without cause, immediately upon written notice to you, and may terminate this Agreement immediately for any breach of the provisions set forth herein. Within seven (7) days of your receipt of Planto Limited’s termination notice, or earlier if requested by Planto Limited, you will cease all use of, and/or delete the Pre-Release Software as provided in this clause. Following termination of this Agreement for any reason, the restrictions of Clauses 3-6, 8-9, 12, and 15 inclusive, will continue to bind the parties.
  11. Third Party Information
    1. The Pre-Release Software may contain information, statistical or aggregated data and other copyrighted material (collectively, “information”) supplied by third parties. Acknowledgements, licensing terms, and disclaimers for such information maybe contained within, and your use of such information is governed by such respective terms. Mention of third parties and use of such information provided to Beta Program participants is for informational and knowledge purposes only and Planto Limited shall have no responsibility with regard to nor warrants the performance or accuracy of the information supplied by the third parties.
  12. Waiver
    1. No failure or delay by a party to exercise any right or remedy provided under this agreement 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.
  13. Assignment and Other Dealings
    1. This agreement 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 agreement.
  14. Governing Law and Jurisdiction
    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 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 Agreement or its subject matter or formation.
  15. Severance
    1. If any provision or part-provision of this agreement 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 this agreement.
  16. Entire Agreement
    1. This Agreement, including any appendices made effective pursuant to this Agreement and any additional licenses accompanying the Company Software, constitutes the entire agreement herein and supersedes all prior or contemporaneous oral or written agreements.
    2. No variation of this agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).