Terms of use

Updated: Jul 12th, 2023

This End-User License Agreement (“EULA”) constitutes an agreement between you and Appixi. (herein referred to as the “Owner”) with regard to the application for Mobile Phones (herein referred to as “Apps” or “Games”). By installing the Software, you are agreeing to be bound by the terms of this license agreement. Your use of the Apps/Games (as specified below) is subject to the terms and conditions set forth in this EULA. If you do not accept the terms of this EULA, do not install or use the Software.

1. LICENSE

The Software is licensed, not sold. The Owner grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use one copy of the Software for your personal non-commercial use on a single device. The rights granted herein are subject to your compliance with this EULA. The Software is being licensed to you and you hereby acknowledge that no title or ownership in the Software is being transferred or assigned and this EULA is not to be construed as a sale of any rights in the Software.

2. RESTRICTIONS OF USE

Unless the Owner has authorized you to distribute the Software, you shall not make or distribute copies of the Software or transfer the Software from one device to another. You shall not decompile, reverse engineer, disassemble, include in other software, or translate the Software, or use the Software for any commercial purposes. You shall not modify, alter, change or otherwise make any modification to the Software or create derivative works based upon the Software. You shall not rent, lease, resell, sub-license, assign, distribute or otherwise transfer the Software or this license. Any attempt to do so shall be void and of no effect.

3. COPYRIGHT

You acknowledge that no title to the intellectual property in the Software is transferred to you. You further acknowledge that title and full ownership rights to the Software, and you will not acquire any rights to the Software. You shall not remove or obscure the Owner’s copyright, trade mark or other proprietary notices from any of the materials contained in this package or downloaded together with the Software.

4. DISCLAIMER OF WARRANTY

The Software is provided “AS IS”, without warranty of any kind. We disclaim and make no express or implied warranties and specifically disclaim the warranties of merchantability, fitness for a particular purpose and non-infringement of third-party rights. The entire risk as to the quality and performance of the Software is with you. We do not warrant that the functions contained in the Software will meet your requirements or that the operation of the Software will be error-free.

5. LIMITATION OF LIABILITY

In no event will the Owner be liable for special, incidental or consequential damages resulting from possession, access, use or malfunction of the Software, including but not limited to damages to property, loss of goodwill, computer or mobile device malfunction and, to the extent permitted by law, damages for personal injuries, property damage, lost profits or punitive damages from any causes of action arising out of or related to this EULA or the Software, whether arising in tort (including negligence), contract, strict liability or otherwise and whether or not the Owner has been advised of the possibility of such damages. Because some states/countries do not allow certain limitations of liability, this limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. This limitation of liability shall not be applied solely to the extent that any specific provision of this limitation of liability is prohibited by any federal, state, or municipal law, which cannot be pre-empted. This EULA gives you specific legal rights, and you may have other rights that vary from jurisdiction to jurisdiction. In no event shall the Owner’s liability for all damages (except as required by applicable law) exceed the actual price paid by you for use of the Software.

6. CHARGES

The App is provided on a free basis. Once you download the App, you will have access to its basic features. We may offer a free trial subscription for the service, access to some services, and/or additional features within the App (“Premium options”) require In-App Purchases, including paid subscriptions. The App's page provides the full list of Premium options and pricing. You may be able to try Premium options during the free trial period as provided on the signup screen. After the free trial period expires, an auto-renewing subscription period will start regularly. Subscription automatically renews unless auto-renew is turned off at least 24 hours before the end of the current period. Account will be charged for renewal within 24 hours prior to the end of the current period.

Subscriptions may be managed and auto-renewal may be turned off by going to Account Settings after purchase. Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription, where applicable.

A subscription with a free trial period will automatically renew to a paid subscription. We reserve the right to modify, terminate or otherwise amend our offered subscription plans at any time.

You can choose different subscription options. Subscription prices are in U.S. dollars and may vary in countries other than the U.S. You will have all the necessary information about your subscription plan and the duration of the free trial period on the signup screen before the purchase.

Payment will be charged to the payment method you submitted at the time of purchase at confirmation of purchase. You authorize us to charge the applicable subscription fees to your submission payment method.

The subscription renews automatically at the end of each period (each week, month, six months, year, or otherwise, depending on the option selected by you at the time of purchase) until you cancel. You manage subscriptions. Removing the App from your device does not deactivate your subscription.

7. CANCELLATION

If you subscribed for our Services by purchasing and installing an App through a third-party mobile platform owner (either through the third-party platform or in-app). In that case, you may cancel your subscription anytime by following the Apple App Store or Google Play Store instructions or via the subscription settings in your iTunes or Android account.

All cancellations will take effect starting at the end of the then-current billing period. There are no subscription refunds once the charge has gone through the billing period.

8. MISCELLANEOUS

End-User Terms Required by Apple.

If you have downloaded the Appixi mobile application(LeafSnap,(the “App”) from the Apple, Inc. (“Apple”) App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. These Terms are between you and Appixi only, not with Apple, and Apple is not responsible for the Appixi Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you; and that, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App. 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: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the App and/or your possession and use of the App infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the App. Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and 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 of these Terms. Queries. You may contact us at the address below with any questions, complaints or claims regarding the Appixi Services: Email: contact@plantidentifier.info / contact@appixi.net / contact@leafsnap.app.

9. PRIVACY AND ADVERTISING

You can find our Privacy Policy. It is advised that you read them entirely.

10. HOW TO CONTACT US

Questions, comments and requests regarding this terms of use are welcomed. Please contact us by email at contact@appixi.net.