Terms & Conditions
Terms & Conditions can be quite dull and boring, so we’ll make our best to help you get through our Terms & Conditions (we’ll refer to them as “Terms”) as painlessly as possible.
First of all, thanks for using our products and services, which we refer to as “Services”. The Services are provided by PlantPurple B.V. (further referred to as “Company”) in its Ochat suite of applications across various platforms (including but not limited to Android and iOS). By using the Services, you agree to the Terms.
1. Your use of Services
By using the Services, you state that:
- you are at least 13 years old and can form a binding contract with the Company; If you are between the ages of 13 and 18 (or the relevant age in your jurisdiction where you are considered a minor), your parent or guardian must agree to these Terms (both for themselves and on your behalf) before you can use the Services.
- you are not barred from using the Services under the laws of any applicable jurisdiction (including but not limited to national blacklists or similar prohibitions);
- you will comply with these Terms and all applicable local, national and international laws, rules and regulations;
- if acting on behalf of a business or another entity, you are authorized to agree to these Terms on behalf of the entity.
2. Your rights
The Company grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Services. The sole purpose of the license is letting you enjoy the benefits of the Service while in compliance with these Terms and our usage policies.
Any software that you download may be automatically updated with functional improvements, content and new/modified features. You can control your automatic download settings on your device.
You may not copy, modify, distribute, sell, or lease any part of our Services, including the graphic content in the applications. Nor may you reverse engineer or attempt to extract the source code of the software, unless applicable laws prohibit these restrictions or you have our written permission to do so.
3. Company’s rights
Our Services let you send, receive and store content (text, audio or graphic content). You grant us a permission to transmit the content to your message receiver. After the delivery, all messages are deleted for privacy considerations.
The Services may contain advertising. In consideration for the Company letting you use the Services, you agree that the Company, its affiliates and third-party partners may place advertising on the Services.
We welcome feedback from our users and always strive to improve the Services. By volunteering your ideas and suggestions, you grant us the right of using them to make the Services better, without compensating you.
4. Content rights
Graphic content provided by the company as part of the Services remains the property of the Company and is protected by copyright. It may not be used in any form other than within the Services intended by the Company. Any infringing material, digital or in any other form, will be reported and will be removed as per stipulations of the Digital Millennium Copyright Act and/or local legislation.
You may not use any branding, logos, designs, photographs, videos, or any other materials used in our Services, outside the scope of the Services (e.g. outside the application environment). You may not copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, or otherwise use any portion of the Services or the content on the Services except as set forth in these Terms. You may not use any part of the Services, including the content, for any commercial purposes without our consent in writing.
If any content is created by users and is sent privately or is made available publicly, the content is the sole responsibility of the person or organization that submitted it. The Company does not take responsibility for any content that others provide or transmit through the Services.
Through these Terms, we make clear that we do not wish the Services to be used with a bad purpose in mind. However, as we do not review all content transmitted through the Services, we cannot guarantee that all content on the Services will conform to our Terms.
6. Positive behavior
We created the Services for you to enjoy and let others enjoy them. We, therefore, encourage only positive behavior in relation to others when using the Services. You may not send or store content that:
- spams or solicits Company’s users;
- defames, bullies, harasses or intimidates others;
- violates or infringes someone else's rights of publicity, privacy, copyright, trademark, or other intellectual-property right.
We do our best to make our Services safe for all our users. However, we cannot guarantee it given the private messaging nature of the Services. By using the Services, you agree that:
- You will not use the Services for any illegal purpose or anything prohibited in these Terms.
- You will not use any automated means or interface to access the Services or extract any user information.
- You will not use or develop any third-party applications that interact with the Services or other users' content or information without our written consent.
- You will not use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services.
- You will not use or attempt to use another user's account or credentials without their permission.
- You will not solicit login credentials from another user.
- You will not post content that contains pornography, graphic violence, threats, hate speech, or incitements to violence.
- You will not upload viruses or other malicious code or otherwise compromise the security of the Services.
- You will not attempt to access areas or features of the Services that you are not authorized to access.
- You will not probe, scan, or test the vulnerability of our Services or any system or network.
- You will not encourage or promote any activity that violates these Terms.
8. Your account
You are responsible for keeping your account secure. You are granted access to the Services via the integrated third-party login services (such as Google sign-in), so it’s important that you keep those credentials secure, by for example using a strong password.
By using the Services, you agree that:
- You will not create more than one account for your use.
- Without our permission in writing, you will not create another account if we have already suspended or terminated your account.
- You will not buy, sell, rent, or lease access to your account without our written permission.
- You will not disclose your password.
- You will not attempt to access the Services through unauthorized third-party software.
Any violations of these Terms may lead to your account being suspended temporarily or terminated permanently.
9. Financial rights
Some Services may offer you an option of buying virtual goods or services (we call them “Virtual Products”). When purchasing these, you buy a limited revocable license to use them within their validity period; you don’t own these Virtual Products. Before completing a purchase transaction, you will always be able to review the price, validity period and any other details of the Virtual Products.
We do not handle payments or payment processing. These are handled by third party payment providers or service providers, such as application marketplaces (Google Play, Apple App Store, etc.). Some service providers may charge you additional local taxes, depending on your location. Please refer to the relevant terms of sale of such service providers.
Virtual Products can be changed or eliminated at any time, with or without notice. You agree that the Company will not be liable to you or any other party if this happens. If your account is terminated, you will lose any Products purchase earlier.
Any users under 18 or younger than the age of legal majority in your country must receive parent’s or guardian’s consent before purchasing any Virtual Products.
You are responsible for any mobile charges while using our Services, such as any messaging fees and data charges. You can always contact your mobile phone operator for the applicable fee details. We do our best to optimize the size of images being transferred while on different types of connections, and you can control your preferences in Settings of the Services.
10. Modifying the Services and termination
We continuously welcome feedback from our users and aim at improving our Services over time. As a result, we may add or remove features, functionalities or products, impose new or additional limits on your access to the Services (such as due to prolonged account inactivity), and we may also suspend or stop the Services. We have the freedom of taking any of these actions at any time, with or without any advance notice.
You can choose to terminate these Terms at any time by deleting your account. You can do this so in the Settings of the Services.
Regardless of who terminates these Terms, both parties of the Terms continue to be bound by Sections 3-4, 9-17 of the Terms.
You agree, to the extent permitted under applicable law, to indemnify, defend, and hold harmless the Company, our directors, officers, employees, and affiliates from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys' fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services; (b) your content; and (c) your breach of these Terms.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND TO THE EXTENT PERMITTED BY APPLICABLE LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE THE COMPANY ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY OF THE COMPANY’S CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.
THE COMPANY TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH THE COMPANY WILL BE RESPONSIBLE FOR.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COMPANY’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF 100 EURO OR THE AMOUNT YOU PAID THE COMPANY, IF ANY, IN THE LAST 12 MONTHS.
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.
14. Arbitration, Class waiver and Jury waiver
- Applicability of Arbitration Agreement. All claims and disputes arising out of or relating to these Terms or the use of the Services that cannot be resolved in small claims court will be resolved by binding arbitration on an individual basis, except that you and the Company are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.
- Additional Rules for Non-appearance Arbitration. If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.
- Authority of the Arbitrator. The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and the Company. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum's rules, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and the Company.
- Waiver of Jury Trial. YOU AND THE COMPANY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and the Company are instead electing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and the Company over whether to vacate or enforce an arbitration award, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
- Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in Section 15.
- Confidentiality. No part of the procedures will be open to the public or the media. All evidence discovered or submitted at the hearing is confidential and may not be disclosed, except by written agreement of the parties, pursuant to court order, or unless required by law. Notwithstanding the foregoing, no party will be prevented from submitting to a court of law any information needed to enforce this arbitration agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
- Right to Waive. Any rights and limitations set forth in this arbitration agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this arbitration agreement.
- Opt-out. You may opt out of this arbitration agreement. If you do so, neither you nor the Company can force the other to arbitrate. To opt out, you must notify the Company in writing no later than 30 days after first becoming subject to this arbitration agreement. Your notice must include your name and address, your username and/or the email address you used to set up your user account (if you have one), and an unequivocal statement that you want to opt-out of this arbitration agreement. You must send your opt-out notice to this address: PlantPurple B.V., ATTN: Arbitration Opt-out, Abtswoudseweg 31, 2627 AK Delft, the Netherlands.
- Small Claims Court. Notwithstanding the foregoing, either you or the Company may bring an individual action in small claims court.
- Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with the Company.
15. Governing law and jurisdiction
These Terms and any disputes arising out of or relating to these Terms, including tort claims, are governed by the laws of the Netherlands.
Conflicts that arise from the Services or conflicts between users and the Company related to the Services will be governed under the exclusive jurisdiction of the appropriate arbitration court authority in the Hague, the Netherlands.
If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and will not affect the validity and enforceability of any remaining provisions.
17. Final terms
- These Terms make up the entire agreement between you and the Company, and supersede any prior agreements.
- These Terms do no create or confer any third-party beneficiary rights.
- If we do not enforce a provision in these Terms, it will not be considered a waiver.
- We reserve all rights not expressly granted to you.
- You may not transfer any of your rights or obligations under these Terms without our consent.
- These Terms were written in English and to the extent the translated version of these Terms conflict with the English version, the English version will control.
Last updated: 1 August 2016