LYP TERMS OF USE

LYP TERMS OF USE Welcome to LYP (Love Your Plants). We thank you for using our services. By accessing or using the LYP application, web, site, or related products and services (collectively, the "Platform"), you agree to these Terms of Use ("Terms"). Please read them carefully. The website located at lyplants.com (the "Site") and the mobile app are a copyrighted work belonging to LYP LTD. ("Company", "us", "our", and "we"). Certain features of the Platform may be subject to additional guidelines, terms, or rules, which will be posted on the Platform in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

LYP is a platform that enables you to monitor and manage the care of your in-house plants efficiently. Through its app and connected soil sensors, LYP provides real-time insights on your plants' watering needs and environmental conditions.

THESE TERMS OF USE (THESE "TERMS") SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE PLATFORM. BY ACCESSING OR USING THE PLATFORM, YOU ARE ACCEPTING THESE TERMS. YOU MAY NOT ACCESS OR USE THE PLATFORM OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, PLEASE DO NOT ACCESS AND/OR USE THE PLATFORM. ANY PERSONAL INFORMATION SUBMITTED BY CHILDREN UNDER THE AGE OF 13 WILL NOT KNOWINGLY BE STORED BY US.

You must be at least 18 years old to use the App and to enter into an agreement based on these Terms. If you are under 18 years old, but at least 13 years old, you must present these Terms to your parent or legal guardian for their review in order for them to enter into an agreement with us based on these Terms on your behalf. CHILDREN UNDER THE AGE OF 13 MAY NOT DOWNLOAD AND/OR USE THIS APP and parents or legal guardians may not register on their behalf. Any personal information submitted by children under the age of 13 will not knowingly be stored by us.

1. ACCOUNTS

1.1 Account Creation

In order to use certain features of the Platform, you may need to register for an account ("Account") and provide certain information about yourself as prompted by the account registration form. You may also open an Account through the use of a third party platform or social network such as Facebook or Google. In this case, please note that we are not responsible for any actions taken, or information collected, by these third parties and do not knowingly transfer any information to them. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Platform. Company may suspend or terminate your Account in accordance with these Terms in our sole discretion.

1.2 Account Responsibilities

You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account (e.g. not sharing your password with anyone or letting others use it). You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

2. ACCESS TO THE PLATFORM

2.1 License

Subject to these Terms, the Company grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Platform solely for your own personal, noncommercial use.

2.2 Open Source

Some components of the Platform, or the services and products provided by the Platform, include components that are subject to an open-source license. These components may include images, fonts, videos, functional code, etc. The licenses are usually included in the files of the service or product provided to you, and are also available here. [Dear client, please add a link on the word "here" which will lead to a page on the webPlatform on which you list all the products/components – like fonts – that have an open source license, and a link to the license itself. You can add a table] These components are licensed separately to the license provided in section ‎2.1 here above, and have their own conditions. By using the Platform's services, you agree to comply with the relevant open sources licenses that may apply.

2.3 Google Maps

Some features of the Platform may use Google Maps. This use is subject to the Google Maps terms of service (Google Maps Terms) which are in addition to these Terms and by using the Platform you hereby agree to comply with the Google Maps Terms which can be found here.

2.4 Certain Restrictions

The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Platform, whether in whole or in part, or any content displayed on the Platform; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Platform; (c) you shall not access the Platform in order to build a similar or competitive website, app, product, or service; and (d) except as expressly stated herein, no part of the Platform may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Platform shall be subject to these Terms. All copyright and other proprietary notices on the Platform must be retained and published on all copies made and/or displayed.

2.5 Modification

Company reserves the right, at any time, to modify, suspend, or discontinue the Platform (in whole or in part) with or without notice to you. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Platform or any part thereof.

2.6 No Support or Maintenance

Although we will try our best, there is always a possibility that some information you provide to us could get lost due to data corruption, hardware failure, network issues, problems with hosting and actions by third parties or other technical reasons. Similarly, it is possible that some of the services could become unavailable or slow at times. You agree not to hold us liable or responsible for any interruption of service or loss of data, and you acknowledge that we made you no guarantees about service availability or data durability.

2.7 Ownership

Excluding any User Content (defined below) that you may provide, you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Platform and its content are owned by us or by our suppliers. Neither these Terms (nor your access to the Platform) transfers to you or any third party any rights, title, or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section ‎2.1. Company and its suppliers reserve all rights not granted in these Terms.

2.8 Confidentiality

You acknowledge that the service provided by the App/Site/Platform including its' features, content (whether textual, visual or any other form), architecture, layout, implementation and interfaces, but excluding User Content, constitutes valuable proprietary confidential information of the Company, and that unauthorized disclosure or use of such confidential information is prohibited and could cause irreparable harm to the Company. You must hold such information in confidence using the same degree of care, but in no case less than a reasonable degree of care, that you use to prevent the unauthorized dissemination or publication of your own confidential information. You may use such confidential information only for the purpose of utilizing the services as permitted in these Terms. Except as explicitly otherwise provided herein, you may not disclose such information to any third party, without the Company's prior written consent. These confidentiality obligations shall not apply to information that (i) is publicly known through no fault or breach on your part; (ii) was rightfully in your possession (as can be reasonably proven) prior to disclosure by the Company; (iii) was rightfully obtained (as can be reasonably proven) from a third party who has the right to transfer or disclose it (iv) you are required to disclose pursuant to a binding order/request by court/other governmental authority, provided that, to the extent permissible, you provide the Company notice of the requested disclosure as soon as possible, to allow the Company to seek an appropriate protective or preventive order.

3. USER CONTENT

3.1 Definition and Responsibilities

"User Content" means all information and content that a user submits to, or uses with, the Platform (e.g., content in the user's profile or postings). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (here below), our Privacy Policy and/or the rest of these Terms. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Company. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates these Terms or other people's copyrights. Company is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire. Our collection of the User Content is subject to our Privacy Policy.

3.2 License to Company

You hereby grant (and you represent and warrant that you have the right to grant) to the Company an irrevocable, nonexclusive, royalty-free, and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit (including commercially) your User Content and your Feedback (as defined in section 3.5 here below), and to grant sublicenses of the foregoing rights. You hereby irrevocably waive (and agree to cause to be waived) any claims and/or assertions of moral rights or attribution with respect to your User Content.

3.3 Acceptable Use Policy

(a) You agree not to use the Platform to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party rights, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another's privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

(b) In addition, you agree not to: (i) upload, transmit, or distribute to or through the Platform any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Platform unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Platform to harvest, collect, gather or assemble information or data regarding other Users, including e-mail addresses, without the User's consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Platform, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Platform (or to other computer systems or networks connected to or used together with the Platform), whether through password mining or any other means; (vi) harass or interfere with any other user's use and enjoyment of the Platform; or (vi) use software or automated agents or scripts to produce multiple accounts on the Platform, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Platform (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Platform for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).

3.4 Enforcement

We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account, and/or reporting you to law enforcement authorities.

3.5 Feedback and Reviews

In some cases, users may be able to add a review ("Review"), rating ("Rating") of a service, or provide other forms of feedback, such as comments (together hereinafter the "Feedback"). Some of the Feedback will be visible to other users of the Platform. The Feedback does not reflect the opinion of the Company and is not verified by us and may be inaccurate, incorrect or misleading. You agree that if you post a Review and/or Rating it will be factual and truthful and will not contain any offensive or defamatory language. Users are prohibited from manipulating the Reviews and Ratings in any manner, for example, by instructing a third party to write a positive/negative Review in regards to another user. You hereby assign to Company all rights in the Feedback and agree that Company shall have the right to use and fully use such Feedback in any manner it deems appropriate, including for commercial uses. The Company reserves the right to verify the reviews and to delete them, in its sole discretion, including, but not limited to, Feedback that is inaccurate, misleading or defamatory. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.

4. Service Fees

4.1 Service Fees and Payment

Some of the services provided on the Platform may be subject to a service fee (the "Service Fee"). The Service Fee will be charged using the payment details that you provided when requesting the service, or based on the preferred payment method that you selected in your user Account. We may limit or change the available payment methods at our sole discretion.

4.2 Third Party Payment Processing

The payment processing system that we use is provided by a third party (for example, PayPal). Such third parties use accepted industry security standards. Nevertheless, we cannot guarantee that this service will be free of errors and do not take any responsibility, other than specifically stated in these Terms, for any faults, errors and or any other damages caused by these third party payment platforms.

4.3 Additional Fees

In certain cases, your selected method of payment may incur you additional fees. For example, some credit card companies charge a fee for online payments. These third party fees are charged directly, and taken by, the relevant third party and not by us. Any questions relating to these additional third-party fees should be raised directly with the relevant third party.

4.4 Service Fee Changes

Any applicable Service Fees (including any applicable Taxes) will be displayed prior to confirming your request for the service. The Service Fee may vary based on your geographical location. We reserve the right to change the Service Fees at any time and will provide users adequate notice of any such changes before they become effective.

4.5 Payment Responsibility

You are responsible for paying any Service Fees that you owe to us. Except as otherwise stated in these Terms, or unless decided otherwise, in writing, by the Company, the Service Fees are non-refundable.

5. INDEMNIFICATION

You agree to indemnify and hold Company (and its officers, employees, and agents) harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Platform, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. The Company will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

6. THIRD-PARTY LINKS & ADS; OTHER USERS

6.1 Third-Party Links & Ads

The Platform may contain links to third-party websites and/or services, and/or display advertisements for third parties (collectively, "Third-Party Links & Ads"). Such Third-Party Links & Ads are not under the control of the Company, and the Company is not responsible for any Third-Party Links & Ads. The Company provides access to these Third-Party Links & Ads only as a convenience to you and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party's terms and policies apply, including the third party's privacy and data-gathering practices.

6.2 Other Users

Each Platform user is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. Your interactions with other Platform users are solely between you and such users. You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and another user, we are under no obligation to become involved, but may, in our sole discretion, attempt to assist in resolving the issue.

6.3 Release

You hereby release and forever discharge the Company (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Platform (including any interactions with, or act or omission of, other Platform users or any Third-Party Links & Ads).

7. DISCLAIMERS

THE PLATFORM IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS, AND THE COMPANY (INCLUDING ANY MANAGEMENT MEMBERS, BOARD MEMBERS, EMPLOYEES, SUPPLIERS AND ETC) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE PLATFORM, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES AND/OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE EXCLUSION/LIMITATION MAY NOT APPLY TO YOU.

8. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (INCLUDING ANY MANAGEMENT MEMBERS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, ETC) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE PLATFORM, EVEN IF COMPANY (INCLUDING ANY MANAGEMENT MEMBERS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, ETC ) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE PLATFORMIS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

9. TERM AND TERMINATION

Subject to this Section, these Terms will remain in full force and effect while you use the Platform. We may suspend or terminate your rights to use the Platform (including your Account) at any time for any reason at our sole discretion. Upon termination of your rights under these Terms, your Account and right to access and use the Platform, or specific functions of its' service, will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our databases. Company will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Content. Even after your rights under these Terms are terminated, these Terms will remain in effect.

10. COPYRIGHT POLICY

We respect the intellectual property of others and ask that Users of the Platform do the same. We have adopted a policy respecting copyright law that provides for the removal of any infringing materials. For more information, please click here.

11. APPLE'S TERMS AND CONDITIONS

You and us agree and acknowledge as follows: These Terms are concluded between you and us, and not with Apple Inc. ("Apple"). Apple is not responsible for the App. In the event of a conflict between these Terms and the App Store Terms of Service ("Apple Terms") then the Apple Terms will prevail, solely with respect to the conflicting provisions. The license granted to you for the App is limited to a non-transferrable license to use the App on any iOS Products that you own or control, and as permitted by the Usage Rules set forth in the Apple Terms, except that such App may be accessed, acquired, and used by other accounts associated with the purchaser via Family Sharing. In the event of a failure to conform to any applicable warranty (if any warranty is applicable), you may notify Apple, and Apple will refund the purchase price for the App to you (if you paid any). Apple has no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, will not be at Apple's responsibility. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation. In the event of any third party claim that the App or your possession and use of the App infringes that third party's IP Rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such infringement claim. You must comply with applicable third party terms of agreement when using the App (e.g. you must not be in violation of your wireless data Services agreement when you use the App). Apple and Apple's subsidiaries are third-party beneficiaries of these Terms. Upon Your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. Words beginning with a capital letter in this section, will have the meaning of the words that come before them, or the