PLEASE READ THESE LICENCE TERMS CAREFULLY
BY CLICKING ON THE “ACCEPT” BUTTON BELOW YOU AGREE TO THESE TERMS WHICH WILL BIND YOU.
IF YOU DO NOT AGREE TO THESE TERMS, CLICK ON THE “REJECT” BUTTON BELOW.
WHO WE ARE AND WHAT THIS AGREEMENT DOES
We, Planet Holding Ltd of 2nd Floor 22 Eastcheap, London, England, EC3M 1EU, license you to use:
· The Planet App mobile application software, the data supplied with the software, (this “Planet App”) and any updates or supplements to it.
· The service you connect to via the Planet App and the content we provide to you through it (the “Service”).
as permitted in these terms.
We only use any personal data we collect through your use of the Planet App and the Services in the ways set out in our Privacy Notice, unless you are using a specific service to which a different privacy notice applies (in which case we will make you aware of this).
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the Planet App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
The ways in which you can use the Planet App may also be controlled by the Google Play and Apple Store ‘s rules and policies, which are available at:
• https://play.google.com/store/apps/details?id=it.planetidea.smartcity&hl=it&gl=US; or
• https://apps.apple.com/it/app/planet-app/id1245040423s, as applicable,
and they will apply instead of these terms where there are differences between the two.
The Planet App requires: (i) an iPhone device with a minimum of 50MB of memory and the iOS 12.0 or later version operating system; or (ii) an Android device with a minimum of 50MB of memory and the Android 5 or later version operating system.
Support. If you want to learn more about the Planet App or the Service or have any problems using them please take a look at our support resources at https://planetapp.freshdesk.com/support/solutions/folders/103000086257.
Contacting us (including with complaints). If you think the Planet App or the Services are faulty or misdescribed or wish to contact us for any other reason, please email our customer service team at email@example.com.
How we will communicate with you. If we have to contact you we will do so by email, by SMS or by pre-paid post, using the contact details you have provided to us.
In return for your agreeing to comply with these terms you may:
· download the Planet App onto iPhone, iPod touch and Androids devices and view, use and display the Planet App and the Service on such devices for your personal purposes only; and
· receive and use any free supplementary software code or update of the Planet App incorporating “patches” and corrections of errors as we may provide to you.
You must be 18 or over to accept these terms of the Planet App.
We are giving you personally the right to use the Planet App and the Service as set out above. You may not otherwise transfer the Planet App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the Planet App is installed, you must remove the Planet App from it.
We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.
We will give you at least 30 days’ notice of any change by sending you a push notification with details of the change or notifying you of a change when you next start the App.
If you do not accept the notified changes you may continue to use the App and the Service in accordance with the existing terms but certain new features may not be available to you.
From time to time, we may automatically update the Planet App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the Planet App for these reasons.
If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the Planet App and the Services.
If you download the Planet App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
By using the Planet App or any of the Services, you agree to us collecting and using technical information about the devices you use the Planet App on and related software, hardware and peripherals to improve our products and to provide any Services to you.
Certain Services on Planet App will make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the Planet App on the device. If you use these Services, you consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services.
You may stop us collecting such data at any time by turning off the location services settings on your device in settings, Planet App, Location selecting the option “Never”.
The Planet App or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy notices (if any).
You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
You agree that you will:
· not rent, lease, sub-license, loan, provide, or otherwise make available, the Planet App or the Services in any form, in whole or in part to any person without prior written consent from us;
· not copy the Planet App, Documentation or Services, except as part of the normal use of the Planet App or where it is necessary for the purpose of back-up or operational security;
· not translate, merge, adapt, vary, alter or modify, the whole or any part of the Planet App, Documentation or Services nor permit the Planet App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the Planet App and the Services on devices as permitted in these terms;
· not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Planet App or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the Planet App to obtain the information necessary to create an independent program that can be operated with the Planet App or with another program (“Permitted Objective”), and provided that the information obtained by you during such activities:
• is not disclosed or communicated without the Licensor’s prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
• is not used to create any software that is substantially similar in its expression to the Planet App;
• is kept secure; and
• is used only for the Permitted Objective.
· comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Planet App or any Service.
· not use the Planet App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Planet App, any Service or any operating system;
· not infringe our intellectual property rights or those of any third party in relation to your use of the Planet App or any Service;
· not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Planet App or any Service;
· not use the Planet App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
· not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
All intellectual property rights in the Planet App, the Documentation and the Services throughout the world belong to us and the rights in the Planet App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the Planet App, the Documentation or the Services other than the right to use them in accordance with these terms.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
We are not liable for business losses. The Planet App is for domestic and private use. If you use the Planet App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Limitations to the Planet App and the Services. The Planet App and the Services are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the Planet App or the Service. Although we make reasonable efforts to update the information provided by the Planet App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
Please back-up content and data used with the Planet App. We recommend that you back up any content and data used in connection with the Planet App, to protect yourself in case of problems with the Planet App or the Service.
Check that the Planet App and the Services are suitable for you. The Planet App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the Planet App and the Services (as described on the Appstore site and in the Documentation) meet your requirements.
We are not responsible for events outside our control. If our provision of the Services or support for the Planet App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us.
We may end your rights to use the Planet App and Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right, we will give you a reasonable opportunity to do so.
If we end your rights to use the Planet App and Services:
· You must stop all activities authorised by these terms, including your use of the Planet App and any Services.
· You must delete or remove the Planet App from all devices in your possession and immediately destroy all copies of the Planet App which you have and confirm to us that you have done this.
· We may remotely access your devices and remove the Planet App from them and cease providing you with access to the Services.
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.