Last updated on: 27 June 2023
These Terms of Use (“Terms of Use”) is to be read in conjunction with the Plantix Privacy Policy (“Privacy Policy”) as provided on the mobile software application titled: Plantix (“Application”) and website https://plantix.net (“Website”). Application and Website shall be collectively referred to as “Platform”.
The Application is owned and managed by PEAT GmbH, a German company, incorporated and existing under the laws of Germany and having its registered office at Kastanienallee 4, 10435 Berlin (hereinafter referred to as the “Company”).
For the purpose of these Terms of Use, wherever the context so requires "You", "Your" or "User(s)" shall mean any natural or legal person who has agreed to become a user of the Application by browsing, accessing, using, signing up and creating an Account (as defined below) on the Application. The term "We", "Us", "Our" shall mean the Company.
Your use of the Application is governed by the following terms and conditions as set out in these Terms of Use which are incorporated herein. By accessing, browsing and using the Application, You indicate Your consent to these Terms of Use. You shall be contracting with Company and these Terms of Use including the Privacy Policy incorporated in the Application constitute Your binding obligations with the Company vis-à-vis Your use of the Application. If You disagree with any part contained in these Terms of Use, please do not access, browse or use the Application.
Use of the Application is available only to persons who can form legally binding contracts as per applicable law. As a minor if You wish to use the Application, such use may be made by Your legal guardian or parents on the Application and in such a case, these Terms of Use shall be deemed to be a contract between Your legal guardian or parents and to the extent permissible under law enforceable against You.
You represent and warrant to the Company that You will use the Application in a manner consistent with and in compliance with any and all applicable laws and regulations. Company reserves the right to refuse access to use the Application to new Users, or to terminate or suspend access granted to existing Users or Your use of the Application, and remove, block and discard any content from the Application, at any time at its discretion and without according any reasons for doing so.
The Company is a German company which develops software for image recognition and plant protection. The Company has developed the Application. The Application is a mobile decision support tool for farmers and gardeners, based on image recognition and artificial intelligence. The Application offers an image-based remote analysis of smartphone images of plant damages. Photos may be uploaded by the Users. The Application is a tool for analyzing and determining the distribution of plant diseases and pests. The identification and analysis are carried via the transfer of photos and location information initiated by the User. The photos submitted by the User(s) are examined for plant diseases and pests and later analyzed statistically. The results of the analysis are later anonymized, used to produce informational graphics including maps and are published by the Company using the Application. Furthermore, the Application also contains a library which lists various plant damages/diseases and provides information, for example, about possible ways to fight the disease or the pest. In addition, the Application offers current and forecasted weather data on temperature, precipitation and wind.
Furthermore, the Application contains a peer-to-peer community in which Users exchange on their problems related to the whole agricultural value chain. Community Users create a profile on the Application in order to participate and then can post their pictures and/or questions and receive answers from other Users. The Crop Calendar in the Application offers best practice advice and management support based on the User’s choice of crops and planting time. The Application contains description of the Company, products and services offered by the Company that include:
For the provision of the above mentioned services, the Company will be requesting and using the information of the User for the purpose mentioned above.
The Application offers You a choice to voluntarily provide your phone number to PEAT GmbH to request a call back to seek agriculture advisory services offered by PEAT GmbH. Additionally, You also have the option to call a regional support center to talk directly to PEAT GmbH’s agriculture advisors. The phone number provided by You and collected by PEAT GmbH during this process will be used by PEAT GmbH to contact You by telephone or SMS to provide details and information of services offered by PEAT GmbH and impart product knowledge, and You provide consent to PEAT GmbH to use Your contact information for this purpose.
By using and/or registering yourself at https://plantix.net and/or on the Application, and providing Your personal data including but not limited to name, email addresses, phone numbers or other personal information, You authorize and provide your consent to the Company (including its representatives, affiliates, and its business partners, collectively referred as PEAT GmbH) to collect, store, export, process, use and transfer your personal data for the purposes of managing, maintaining, enhancing and administration of the Application and to contact you to provide agriculture advisory services or other services, provide details of services offered by PEAT GmbH or impart product knowledge. The collection, storing, export, processing, use and transfer of information shared by the User shall be governed in accordance with the Privacy Policy.
You hereby agree that you authorize PEAT Gmbh to contact you via phone for the above mentioned purposes even if you have registered yourself under Do Not Disturb (DND) Registry or National Do Not Call (DNC) or National Customer Preference Register (NCPR) service(s). You permit the Company to produce these Terms of Use to any governmental authority or agency, judicial authority or regulator as proof of Your consent for PEAT GmbH to contact you.
If you use Plantix Dukaan, in addition to the terms contained herein, the Terms of Use for Plantix Dukaan shall also apply.
Company does not charge any fee for browsing, accessing the blog or using other relevant features on the Application. In accordance with these terms and conditions, the Company reserves the right to edit the Application, withdraw it from the market, or to begin invoicing for the Application services at any time, without notice and for any reason.
You have an option to register and create a user account on the Application (“Account”). You may use the account to avail services offered by the Company, including but not limited to expressing pre-order interest, requesting a trial and pre-booking of Company’s products, signing up for the Company’s blog and to communicate with the Company.
The Account is accessible by the unique username and password provided to the User by the Company when You chose to Sign Up on the Application thereby creating an Account. The said username and password should be kept highly confidential and should not be disclosed to any third party. You agree to accept responsibility for all activities that occur under Your Account and using Your Account password. You should take all necessary steps to ensure that the password to Your Account is kept confidential and secure and should inform Us immediately if You have any reason to believe that Your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorized manner.
You shall ensure that the Account Information provided by You in the Application's registration form is complete, accurate and up-to-date. Use of another user's Account information for availing the services is expressly prohibited. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate Your Account and refuse any and all current or future use of the Application (or any portion thereof).
Please review Our Privacy Policy, which also governs Your use, access and visits to this Application. The personal information / data provided to Us by You during the course of usage of the Application and use of Your Account will be treated as confidential and in accordance with the Privacy Policy and applicable laws and regulations. If You object to Your information being transferred or used in the manner as specified under the Privacy Policy, please do not use the Application. The Company may also transfer this information to third parties where required to do so by law or upon request from governmental, judicial, regulatory or statutory agencies or authorities.
You shall be responsible for any comments, notes, messages, emails to the Company, postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information sent by You or posted to the Application and/or to Us (collectively, "User Content"). You hereby agree to grant Us unlimited, worldwide, perpetual, royalty free and transferable rights in such User Content. Further, the Company may use the User Content or any of its elements for any type of use in perpetuity, including but not limited to promotional and advertising purposes, monetization and in any media whether now known or hereafter devised, including but not limited to the creation of derivative works that may be monetized and may include the User Content You provide. You agree that any User Content You post may be used by Us, consistent with Our Privacy Policy as mentioned herein, and You are not entitled to any payment or other compensation for such use.
The Company grants You limited personal, revocable, non-exclusive, non-transferable rights to access and make personal use of the Application, but not to download (other than page caching) or modify it, or any portion of it. These rights do not include any rights or permission for commercial use of Application or its contents; any collection and use of any content, descriptions, or any other information; any derivative use of this Application or its contents; any downloading or copying of Account information for the benefit of a third-party; or any use of data mining, robots, or similar data gathering and extraction tools.
The Application or any portion of the Application (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited by the User(s) for any commercial purpose.
All rights, title and interest in the Application and all intellectual property rights and other proprietary rights in the Application, including but not limited to its constituents, content, text, images, audios, audio-visuals, literary work, artistic work, specifications, instructions, abstracts, software, source code, object code, domain names, application names, and all other elements, data, information and materials therein ("Materials") are the property of the Company and/or its licensors and are protected under laws of India and other jurisdictions in the world. The Company retains full, complete and absolute rights, title and interest in the Application and all intellectual property rights and other proprietary rights therein.
You understand that You, and not the Company, are responsible for all electronic communications and content (including User Content) sent from Your computer, mobile or any other device to Us and you must use the Application for lawful purposes only. You must not use the Application and/or upload User Content which may be used for the following:
Company reserves the right to terminate or suspend your Account or access to the Application if Company at its sole discretion has reasons to believe that You have been involved in any of the activities mentioned above. It is possible that other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Application and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Application, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses, but by using the Application You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Application. Please carefully select the type of information that You publicly disclose or share with others on the Application.
The Company may, in its sole discretion at any time and without incurring any liability, discontinue or cease operation of this Application and related services to You, or any part thereof, with or without notice to You. You acknowledge and agree that the Company may also immediately deactivate or delete Your Account and all related information and files in Your Account and/or bar any further access to such files or the Application and related services at its discretion, with or without notice to you.
The information, advice and materials available through the Application are not intended to constitute professional advice, diagnosis or treatment, or to substitute professional judgment. You assume full risk and responsibility for the use of information You obtain from or through this Application, and You agree that the Company is not responsible or liable for any claim, loss, damage, cost, expense or liability arising from the use of the information advice, materials and the Application. You acknowledge that the Company does not originate, select, moderate or modify any content generated by other Users, and has no control over Your interactions with other Users. Any interaction You have with any other Users or third parties is at your sole risk and cost.
We expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, title and non-infringement or legality of the information advice, materials or products listed or displayed or the content (including but not limited to product information and/or specifications) on the Application. While we have taken reasonable precautions to avoid inaccuracies in the content and the Application, the Application and all content, information, software, products, advice, services, materials, User Content and related graphics are provided ‘as-is’ and ‘where-is’, without warranty (express or implied) of any kind.
The Company and its affiliates do not facilitate sale and purchase of goods and services, partnerships or any other relationships You may have with other Users. The Company will not mediate in any disputes You may have with other Users.
The Company accepts no responsibility for advertisements or any third party links contained within the Application. Company has no control over and accepts no responsibility for the content of any website or mobile application to which a link or reference from the Application exists. Such linked websites and mobile applications are provided “as is” for User’s convenience only with no warranty, express or implied, for the information provided within them. Company does not provide any endorsement or recommendation of any third party website or mobile application to which the Application provides a link.
You shall defend, indemnify and hold harmless the Company, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of our possession and use of User Content, Your breach of these Terms of Use or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party, including any intellectual property rights or proprietary rights.
Company reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify the Company, including rights to settle, and You agree to cooperate with Company’s defense and settlement of these claims. Company will use reasonable efforts to notify You of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of these Terms of Use.
Company will not be liable to You or any third party for any indirect, incidental, special, exemplary, punitive or consequential losses or damages, or for loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure arising from or in connection with the Application or these Terms of Use. To the maximum extent permitted by law, You waive, release, discharge and agree to defend, indemnify and hold harmless the Company from any and all claims, actions, losses, damages or liabilities arising out of or in relation to Your access or use of the Application.
If You feel that any information provided within the service is objectionable, incorrect or infringes Your rights, You may notify the Company as provided in the Paragraph titled Questions, Feedback and Grievances below. Upon such notification, and subject to Our obligations under applicable laws, the Company will endeavor to check the objectionable information and on evaluation will respond as soon as possible to the notifications sent to the Company and where necessary, will remove or disable access to this information (notice and take down process).
The Company may update the Application, Privacy, and these Terms of Use at any time, with or without advance notice. In the event there are updates made to the Application, Privacy Policy, and these Terms of Use, The Company will display a notice on the Application. Unless stated otherwise, these policies and Terms of Use shall apply to any and all use of the Application. Notwithstanding the above, The Company shall not be required to notify You of any changes made to the Application, policies, and these Terms of Use. If You use the Application after notice of changes have been published on the Application, You hereby provide Your consent to the changed practices.
We have taken every effort to ensure that these Terms of Use adheres with the applicable laws. The invalidity or unenforceability of any part of these Terms of Use shall not prejudice or affect the validity or enforceability of the remainder of these Terms of Use.
Company will not be held responsible for any delay or failure to comply with its obligations under these Terms of Use if the delay or failure arises from any cause which is beyond Company’s reasonable control. This condition does not affect Your statutory rights.
Any rights or remedies under these Terms of Use may be waived only in writing. Delay in exercising or non exercise of any such right or remedy does not constitute a waiver of that right or remedy, or any other right or remedy.
The Company may, at its sole discretion, assign, novate or transfer these presents to its affiliates, third party, successor or assigns.
These Terms of Use are governed by and construed in accordance with the laws of Germany. Any dispute arising out of or in connection with the use of the Application or these Terms of Use shall be subject to the exclusive jurisdiction of the courts in Berlin, Germany.
Users have complete authority to share feedback regarding the content of the Application or file a complaint if they are disappointed by content of the Application. You can give Your feedback or complaint in writing or by way of an email to the grievance officer mentioned below:
Name: Korbinian Hartberger
Email ID: feedback@plantix.net
Address: PEAT GmbH, Kastanienallee 4, 10435 Berlin