The Terms and Conditions of Use were last updated on April 16th, 2020.
Please read these Terms and Conditions (« Terms », « Terms of Service », « Terms and Conditions », « Terms and Conditions of Use ») carefully before using Plantevo (the « Service ») operated by MeoMeow, LLC. (« us, » « we, » « our, » the « Company » or « MeoMeow »).
2. Third-Party Services
Our Service may contain links to third-party apps or sites that are not owned or operated by us, including through promotions and advertisements. We are providing these links to you only as a convenience and are not responsible for the the availability (or lack of availability) of such external websites or resources, or the content or links displayed on such apps or sites. If you decide to download a third-party app or access a third-party website, you assume all risk related to such access and use, and agree that MeoMeow will not be responsible or liable for such third parties’ terms or actions.
You further acknowledge and agree that MeoMeow 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 use of or reliance on any such content, goods or services available on or through any such web sites, mobile applications or services.
3. Health and Nutritional Information
You are responsible for your own health. Plantevo is not a medical organization and we will not provide you with any medical advice, nor diagnosis. The purpose of the App is solely to help our users track their health, nutrition, weight and fitness progress. Information made available through the Service shall solely be used for recreational, educational and/or informational purposes, and not as medical advice. You must always consult a doctor or other qualified health care professional before making any changes to your diet, starting a new exercise routine, or if you have any health concerns. Plantevo cannot guarantee any health, diet, weight and/or fitness results or improvements. Our Services are only intended for healthy persons, and please do not use our App if you suffer from, or might suffer from, any medical condition that may be impaired by diet or exercise. Nutritional information provided in our App is based upon the estimated database analysis using “Standard Tables of Food Composition in Japanese – 2015 (Seventh Revised Edition)” from Japanese Ministry of Education, Culture, Sports, Science and Technology. While we will do our best to provide you with accurate and up-to-date information, Plantevo cannot guarantee that the nutritional information provided in our database is accurate, reliant or complete. Plantevo is not responsible for any personal injury or any other damages that may have been the result, direct or indirect, of any use or misuse of the Services.
4. In-App Purchases
Plantevo is free to download and use. You can remove ads and get access to additional premium features at any time by upgrading to Plantevo+. You acknowledge and agree that you are fully responsible for managing your In-App Purchases and the amount you spend on In-App Purchases within the App.
If you are under 18 then you must have your parents’ or guardians’ permission to make any In-App Purchases. By completing an In-App Purchase, you are confirming to us that you have any and all permission that may be necessary in order to allow you to make that In-App Purchase.
More information about how you may be able to switch off and/or manage In-App Purchases using your device may be set out in the App Store Provider’s terms and conditions/EULA, in your device’s help settings or online. If you are a parent or guardian of someone under the age of 18 we recommend that you consider any parental controls that may be provided by the App Store Provider if you are concerned that your child may make excessive In-App Purchases.
If you make an In-App Purchase, that In-App Purchase cannot be cancelled after you have initiated its download. In-App Purchases cannot be redeemed for cash or other consideration or otherwise transferred. If you make any In-App Purchases in the App, then the App Store Provider’s terms and conditions/EULA applicable to In-App Purchases will also apply.
If any In-App Purchase is not successfully downloaded or does not work once it has been successfully downloaded, we will, after becoming aware of the fault or being notified of the fault by you, investigate the reason for the fault. We will act reasonably in deciding whether to provide you with a replacement In-App Purchase or issue you with a patch to repair the fault. In no event will we charge you anything further to replace or repair the In-App Purchase. In the unlikely event that we are unable to replace or repair the relevant In-App Purchase or are unable to do so within a reasonable period of time and without significant inconvenience to you, we will authorize the App Store Provider to refund you an amount up to the cost of the relevant In-App Purchase. Alternatively, if you wish to request a refund, you may do so by contacting the App Store Provider directly.
You acknowledge and agree that all billing and transaction processes are handled by the App Store Provider from whose platform you downloaded the App and are governed by the App Store Provider’s terms and conditions/EULA. If you have any payment related issues with In-App Purchases then you need to contact the App Store Provider directly.
MEOMEOW LLC PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. MEOMEOW LLC DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICE WILL BE ACCURATE. MEOMEOW LLC TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK. MEOMEOW LLC DISCLAIMS AND TAKES NO RESPONSIBILITY FOR ANY CONDUCT OF YOU OR ANY OTHER USER, ON OR OFF THE SERVICE. BY ACCESSING OR USING THE SITE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITE.
6. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MEOMEOW LLC, ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH OR FOLLOWING USE OF THE SERVICE; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF MEOMEOW LLC HAS BEEN ADVISED AT ANY TIME OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL MEOMEOW LLC’S AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THIS AGREEMENT EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO MEOMEOW LLC DURING THE TWENTY-FOUR (24) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT YOU FIRST FILE A LAWSUIT, ARBITRATION OR ANY OTHER LEGAL PROCEEDING AGAINST MEOMEOW LLC, WHETHER IN LAW OR IN EQUITY, IN ANY TRIBUNAL. THE DAMAGES LIMITATION SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE APPLIES (i) REGARDLESS OF THE GROUND UPON WHICH LIABILITY IS BASED (WHETHER DEFAULT, CONTRACT, TORT, STATUTE, OR OTHERWISE), (ii) IRRESPECTIVE OF THE TYPE OF BREACH OF OBLIGATIONS, AND (iii) WITH RESPECT TO ALL EVENTS, THE SERVICE, AND THIS AGREEMENT. THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
7. Indemnity by You
You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless MeoMeow LLC, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of the Service, your Content, or your breach of this Agreement.
8. Intellectual Property
You acknowledge that MeoMeow retains all rights, title, and interest in and to all copyrights, trademarks, trade secrets, patents, and any other proprietary rights in the Services, and all content therein. MeoMeow, its apps, their logos, as well as certain other MeoMeow trademarks, service marks, graphics, are the registered trademarks or trademarks of MeoMeow. The Services are owned and/or licensed by MeoMeow and are protected by the laws of the Japan and any country in which the Services are made available.
You agree to prevent any unauthorized copying, use, or distribution of the Services. Except as expressly provided herein, MeoMeow does not grant any express or implied right to you under any MeoMeow-owned or licensed copyrights, trademarks, trade secrets, patents, or other proprietary rights.
9. Modification of Terms
We reserve the right, at our sole discretion, to change, modify, add or remove any part of these Terms at any time. We may do this for a variety of reasons including, but not limited to, reflect changes in or requirements of the law, new features, or changes in our business practices. If these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them. What constitutes a material change will be determined at our sole discretion. You agree that such modified Agreement will become effective immediately upon publication on our website. Please note that we may also decide to suspend the Service entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, preventing us from doing so. The most recent version is the version that applies.
If you continue to use the Services after the changes become effective, then you agree to the revised Agreement.
10. Acceptance to these terms
By using the Services, you signify your acceptance of these Terms. If you do not agree to these Terms, please do no use our Services. Your continue use of the Services following the posting of changes to this policy will be deemed your acceptance of those changes.
If you have any questions concerning these Terms, please feel free to contact us at firstname.lastname@example.org.