Terms of Service

Please read these Terms of Service (collectively with Plantix Insights’ Privacy Policy https://plantix.net/en/analytics/imprint/privacy-policy/, the “Terms of Service”) fully and carefully before using https://plantix.net/en/analytics/ (the “Site”) and the services, features, content, platform, Web Applications or other applications offered by PEAT GmbH. (“Plantix”, “we”, “us” or “our”) (together with the Site, the “Services”). These Terms of Service set forth the legally binding terms and conditions for your use of the Site and the Services. By using the Services in any manner, you and any entity you represent hereby agree that you have read and agree to be bound by and a party to the terms and conditions herein. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES IS EXPRESSLY CONDITIONED UPON ASSENT TO ALL THE TERMS AND CONDITIONS HEREIN; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

  1. 1 Acceptance of Terms of Service

    1. a.

      By using the Services in any manner, including but not limited to visiting or browsing the Site or accessing or using the Plantix Insights Web Application (defined below), you agree to these Terms of Service and all other operating rules, policies and procedures that may be published from time to time on the Site by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you.  

    2. b.

      The Company reserves the right to update these Terms of Service from time to time and provide the amended Terms of Service for your inspection. The Company will inform the user about the change provided that they agreed to the notification. The use of the Website and Services is then determined by the modified Terms of Service.

  2. 2 Account Information

    1. a.

      Registration: You may be required to sign up for an account, select a password and user name (“User ID”), and provide us with certain information or data, such as your contact information. If you are a user setting up an account on behalf of an entity you represent (an “Entity Representative”), you represent and warrant that you are authorized to bind the entity you represent and are authorized by such entity to access the Services on such entity’s behalf. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your User ID a name that you do not have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.

    2. b.

      Use Restrictions. You will only use the Services in a manner that complies with all laws that apply to you and you will only use the Services for your personal use or internal use of the entity registered and represented by you, and not on behalf of or for the benefit of any third party. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.

    3. c.

      Account Protection. You will not share your User ID, account or password with anyone, and you must protect the security of your User ID, account and your password and any other access tools or credentials. You are responsible for any activity associated with your User ID and account.

  3. 3 Web Application Terms.

    1. a.

      Web Application License. Subject to these Terms of Service (including any limitations and restrictions set forth on the Web Application (defined below) and/or during the registration process), we hereby grant to users of the Plantix Insights website application (“Web Application”) a worldwide, non-exclusive, non-sublicensable, non-transferable, revocable, limited license to access and use the Web Application for their own personal purposes (or, with respect to Entity Representatives only, the internal business purposes of the entity you represent) and only as provided herein.

    2. b.

      Web Application Use Restrictions. The data tools and models you have access to, including the amount of data and your ability to export and download data, may depend on the type of subscription you have opted for (collectively, the “Plantix Insights Subscriptions” and each a “Plantix Insights Subscription”). The Plantix Insights Subscription you are enrolled in may also include a cap on the amount of data you are able to access within the Web Application. For more information about additional business terms and restrictions that apply to your use of the Web Application, please visit the Plantix Insights Subscriptions page.

  4. 4 Site/Content

    1. a.

      Access License. Subject to these Terms of Service, we grant each user a worldwide, non-exclusive, non-sublicensable, non-transferable, revocable, limited license to access and use the Services and the Site. This access is personal to you as the registered user and cannot be shared, sold, assigned or licensed to any third party.

    2. b.

      Definition. For purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features, such as charts, models and workspaces, provided, or otherwise made available on or through the Services.

    3. c.

      Notices and Restrictions. The Services may contain Content specifically provided by us or our partners and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services. Unless otherwise indicated, all copyrights and other intellectual property rights in these Terms of Service and the Content provided are reserved by the Company.

    4. d.

      Content Use License. Subject to these Terms of Service, including without limitation, the requirements associated with any particular type of Content you are accessing and using, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable, non-transferable, revocable, and limited license to access and use (i.e., to download) Content solely for purposes of using the Services. You shall not share, sell, sub-license, assign, rent, copy, reproduce or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.

    5. e.

      User Derivative Works. Notwithstanding the foregoing, and subject to these Terms of Service, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable, non-transferable, revocable, and limited license to use Content to create derivative works therefrom (“User Derivative Works”), provided that this license may be subject to additional terms and restrictions for certain Content as specified within the Services. Any User Derivative Work prepared by the User that may be shared with a third party for, on the basis of the Content or that contains reference to the Content in whole or in part, such User Derivative Work shall include due acknowledgement to the Company as its source.

    6. f.

      Access to Content. We are not liable for any errors or omissions in (i) information publicly posted or privately transmitted through the Services by you or another user, or (ii) Content, or for any damages or loss you might suffer in connection therewith. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.

    7. g.

      User acknowledges and accepts that: (a) all figures contained in the Content will be estimates derived from sample surveys and subject to the limits of statistical errors/rounding up or down; (b) if conclusions and/or recommendations are displayed on the Site or Web Application, such conclusions and/or recommendations are solely and exclusively an opinion of the Company and are based on variable assumptions used in the field of market research and forecasting and based on a controlled test environment. Whilst they are the result of careful analysis and thorough work procedures, they contribute a single factor among many to be taken into account by the User; (c) the User shall be solely responsible for the consequences of any action taken by it based on the Contents or pursuant to its interpretation of the Contents; and (e) the Company shall use its best endeavours to update the Web Application and its Contents on a regular basis, however, the User recognizes that these are estimates only and the Company shall not be responsible for any loss or damage a s a result of a failure to meet such timelines.

    8. h.

      Availability of Content. We do not guarantee that any Content will be made available on the Site or through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Content from the Services.

  5. 5 Messaging

    1. a

      We collect your contact information data including telephone number and email address. This data is processed by us for the purposes of providing you the Services. In particular, the base data is required to maintain your user account, and to contact you via call, e-mail or push notifications. This data is processed for performance of contract. We will restrict the processing of this data once you delete your user account. Your data will further be stored in order to document your Site participation for the purposes of legal defence, which is a legitimate interest, for the duration of 3 (three) full years, and afterwards be deleted. As part of the Services, you may receive communications through the Services, including messages that we send you (for example, via email).

  6. 6 Analytics

    1. a.

      We may collect information from users through the Services, such as through user accounts and activity on the Services (“Analytics”). You acknowledge and agree that we may (i) internally use Analytics for our business purposes; (ii) generate data submitted to, collected by, or generated by us in connection with your use of the Services, but only in aggregate, anonymized form which can in no way be linked specifically to you (“Aggregated Anonymous Data”), and (iii) freely use and make available Aggregated Anonymous Data for our business purposes.

  7. 7 Rules of Conduct

    1. a.

      As a condition of use, you represent, warrant and covenant not to use the Services for any purpose that is prohibited by these Terms of Service or applicable laws, rules and regulations applicable to you (including, but not limited to, those related to data privacy, international communications, export laws and the transmission of technical or personal data laws). You are responsible for all of your activity in connection with the Services.

    2. b.

      You shall not (directly or indirectly):

      1. (i)

        take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure;

      2. (ii)

        interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services;

      3. (iii)

        bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services);

      4. (iv)

        remove or otherwise alter any proprietary notices or labels from the Services or any portion thereof;

      5. (v)

        use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site;

      6. (vi)

        harvest or scrape any Content from the Services;

      7. (vii)

        otherwise take any action in violation of our guidelines and policies;

      8. (viii)

        decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction;

      9. (ix)

        modify, translate, or, except with respect to those rights provided in the “User Derivative Works” above, otherwise create derivative works of any part of the Services;

      10. (x)

        download, copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder or any significant portion of the Content; or

      11. (xi)

        engage in or attempt to engage in any of the foregoing, or otherwise download or store any data, to build any data model, or any application or product that is competitive with any of our Services.

    3. c.

      You represent, warrant, and agree that you will not use the Services or interact with the Services in a manner that:

      1. (i)

        infringes or violates the intellectual property rights or any other rights of anyone else (including us);

      2. (ii)

        violates any law or regulation, including, without limitation, any applicable export control laws, privacy laws or any other purpose not reasonably intended by us;

      3. (iii)

        is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;

      4. (iv)

        jeopardizes the security of your User ID, account or anyone else’s (such as allowing someone else to log in to the Services as you);

      5. (v)

        attempts, in any manner, to obtain the password, account, or other security information from any other user;

      6. (vi)

        violates the security of any computer network, or cracks any passwords or security encryption codes;

      7. (vii)

        runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);

      8. (viii)

        may be unlawful, not professionally ethical or which is likely to cause damage to the reputation of the Company; and

      9. (ix)

        shall be an attempt to identify any person whose information is contained in any Content or attempt to draw any conclusions to identity of any individuals.

    4. d.

      We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to:

      1. (i)

        satisfy any applicable law, regulation, legal process or governmental request;

      2. (ii)

        enforce these Terms of Service, including investigation of potential violations hereof;

      3. (iii)

        detect, prevent, or otherwise address fraud, security or technical issues;

      4. (iv)

        respond to user support requests; or

      5. (v)

        protect the rights, property or safety of us, our users and the public.

  8. 8 Copyright and other Intellectual Property Rights

    1. a.

      The information and Content published on this Site is subject to Germany copyright and other applicable intellectual property laws. Any use not permitted by Germany copyright and ancillary copyright law requires the prior written consent of the Company or the owner of the rights. This applies in particular to the reproduction, adaptation, translation, storage, processing or dissemination of the Content. The software running the Services, the Site design, the logos and any Content including graphics, articles and other texts are protected by copyright and are property of the Company. Display of this Site in external frames is only allowed with written permission.

    2. b.

      If the user leaves ideas and/or suggestion on an Internet site of the provider (eg: this Site, Facebook page, Twitter account) the Company is allowed to use such ideas free of charge in direct connection with the development, improvement and marketing of the website.

    3. c.

      Third party content and rights are marked as such. The unauthorised reproduction or distribution of Content or entire pages of the Site is not permitted and is a punishable offence. Only the production of copies and downloads for permitted commercial use is permitted.

  9. 9 Third Party Services

    1. a.

      The Services may permit you to link to other content, websites, services or resources on the Internet, and other websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.

    2. b.

      The Site contains links (external links) to websites and third party applications. These websites are the responsibility of their respective operators. The Company reviews links to external content for legal violations before creating an initial link. At that time no legal violations were apparent. The Company has no influence on the current and future design and content of linked external pages. The inclusion of external links does not mean that the Company owns or endorses the content the link contains.

  10. 10 Payments and Billing

    1. a.

      Paid products and Services. Certain of our Services may be subject to payments now or in the future (the “Paid Services”). Please see our Plantix Insights Subscription page for a description of current Paid Services. Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of this agreement. You will not be required to pay any amounts unless you upgrade to a premium tier for the amount and term specified. Any amounts payable hereunder are exclusive of, and you shall be responsible for, all sales taxes, value added taxes, duties, use taxes, withholdings, bank charges and other governmental assessments, excluding taxes based on our net income.

    2. b.

      Billing. By choosing to use Paid Services, you agree to pay us all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms. The Company shall seek payment directly from you. In accordance with the Paid Services selected, the Company shall prepare and submit a monthly or annual invoice in .pdf format by way via electronic mail to the email address provided at the time of registration by the user, for the payment of the relevant subscription fee and applicable taxes which shall be deemed to be served upon the user after the expiry of 24 (twenty four) hours from the time of transmission.

    3. c.

      Payment Method. You shall pay the subscription fee and applicable taxes within 7 (seven) days of receipt of such invoice to the bank account of the Company in accordance with the details as specified and shared with you in your invoice. You shall bear any bank fees/charges that may arise in relation to any payments made under this Agreement.

    4. d.

      Reaffirmation of Authorization. Your non-termination or continued use of a Paid Service reaffirms that we are authorized to charge you for that Paid Service. We may submit those charges for payment and you will be responsible for such charges. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Service.

  11. 11 Warranty Disclaimer

    1. a.

      THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS.

    2. b.

      Please note that this is a beta version of the Plantix Insights platform which is still undergoing final testing. Any downloading or uploading of material to the Site is done at user’s own risk and the user will be solely responsible for any damage to any computer system or loss of data that results from such activities. You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services. The Company accepts no responsibility for ensuring that the Site or information may be retrieved from locations outside Germany. Users from outside Germany accessing this Site have sole responsibility for compliance with all applicable local laws.

  12. 12 Limitation of Liability

    1. IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES FOR ANY (I) LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) THE LESSER OF FOR ANY PAID SERVICES, THE FEES PAID OR PAYABLE HEREUNDER DURING THE PREVIOUS TWELVE (12) MONTHS.

  13. 13 Privacy

    1. a.

      The Company takes your privacy very seriously. The Company is entitles to use the personal information and data that you provide when using the Site or Services in accordance with the Plantix Insight’s Privacy Policy.

  14. 14 Governing Law and Jurisdiction

    1. a.

      These Terms of Service are governed by and construed in accordance with the laws of Germany. Any dispute arising out of or in connection with the use of Site, Services or Terms of Service shall be subject to the exclusive jurisdiction of the courts in Berlin, Germany.

  15. 15 Miscellaneous

    1. a.

      Modification. We reserve the right, in our sole discretion, to modify or replace any of these Terms of Service, or change, suspend, or discontinue the Services at any time, but if we do, we will place a notice on our website, send you an email, and/or notify you by some other means. We reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms of Service), in our sole discretion, and without notice. We also reserve the right to delete or disable Content alleged to be infringing on others’ intellectual property rights, and to terminate the accounts of repeat alleged infringers. Your continued use of the Services following notification of any changes to these Terms of Service constitutes acceptance of those changes.

    2. b.

      Account Suspension and Termination. We reserve the right to suspend or terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. A violation of these Terms of Service is grounds for termination of your right to use or access the Services. If your account is terminated, you hereby agree to immediately cease use of the Services and delete any data obtained from the Services, except for any rights to retain derivative works expressly granted herein. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

    3. c.

      Ownership and Feedback. As between the parties, we retain all right, title, and interest in and to the Services, all copies, modifications and derivative works thereof, and all software, data, products, works, analyses and other intellectual property and moral rights related thereto or created, used, or provided by us for the purposes of providing the Services except as expressly and unambiguously set forth herein. You retain all right, title, and interest in and to any User Derivative Works (subject to any and all additional terms and restrictions for certain Content as specified within the Services), provided that to the extent that any User Derivative Works are User Submissions, your rights are subject to the rights granted to us in the “User Submissions License” section herein. You or a Designated User may from time to time provide suggestions, comments or other feedback to us with respect to the Services (“Feedback”). You shall, and hereby do, assign to us all right, title and interest (including all related intellectual property and other proprietary rights) in and to the Feedback.

    4. d.

      Entire Agreement and Severability. These Terms of Service are the entire agreement between you and us with respect to the Services, including use of the Site and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic), letters of intent or discussions, between you and us with respect to the Services and all past dealing or industry custom. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder

    5. e.

      Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.

    6. f.

      Assignment. These Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.

    7. g.

      Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect.

    8. h.

      Notices. Unless otherwise specified in these Term of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to analytics@plantix.net.

    9. i.

      No Waiver. Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.

    10. j.

      Headings. The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation.