Last updated: 8 August 2024
Terms of Use
Introduction. Welcome to the PlantJoy application and any other websites (including forwardplant.com), products or services owned or operated by Forward Horizon Tech Limited (“Company” or “Forward or “we” or “us” or “our”) (collectively, the “Forward Service”). To access the Forward Service, you must at all times agree to and abide by these terms of use, including any additional guidelines, and any future modifications (collectively, these “Terms”). These Terms are a legal contract between you, a user of at least 18 years of age (“you” or “User”), and Forward regarding your use of the Forward Services.
By accessing, installing, browsing, using or subscribing to, or registering for the Forward Service (including any content created, uploaded, downloaded, copied, published, and propagated during the use of the Forward Service), you acknowledge that you have read, understood, and agree to be bound by these Terms. If at any time you do not agree to these Terms, please terminate your use of the Forward Service.
Although Forward Service is always striving to improve itself, it is not perfect. While Forward make reasonable efforts to ensure the information provided is accurate, Forward cannot ensure the accuracy, completeness and reliability of any and all information, data or content on the Service. Therefore, You agree and understand that during Your use of Forward Services, no content feedback can be used as any basis for any civil or commercial activities (THIS INFORMATION IS FOR REFERENCE ONLY AND SHOULD NOT BE USED AS A BASIS FOR CONSUMING, PURCHASING, MEDICAL USE, APPLYING, OR TOUCHING ANYTHING. PLEASE NOTE THAT THE CONSUMPTION OF PLANTS AND THE PURCHASE OF PRODUCTS SHOULD BE BASED ON THE IDENTIFICATION AND RECOMMENDATIONS OF AUTHORITATIVE INSTITUTIONS.) performed by You and/or others, otherwise all risks that may arise from such activities and all responsibilities shall be borne by you, not by Forward.
Forward is committed to ensuring that the app is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app or to charge for its services, at any time and for any reason. We will never charge you for the app or its services without making it very clear to you exactly what you’re paying for.
2.
Instructions for automatic subscription service
2.1 Subscription service: PlantJoy VIP continuous monthly (1 month),yearly (1 year) subscription.
2.2 Subscription price: Based on the IAP application information, for example, a continuous yearly subscription product is $39.99 for the first year and $39.99 for the second year.
2.3 Payment: Subscriptions can be managed by the user, and the payment will be credited to the iTunes account after the user confirms the purchase and payment.
2.4 Renewal: Apple's iTunes account will be deducted within 24 hours before expiration. After the deduction is successful, the subscription period will be extended by one subscription period.
2.5 Cancel renewal: If you need to cancel your subscription, please open "Settings" on your Apple phone --> Enter "iTunes Store and App Store" --> Click "Apple ID", select "View Apple ID", and enter "Account Settings" page, click "Subscribe" and select "PlantJoy" to cancel the subscription. If the subscription is not closed at least 24 hours before the end of the subscription period, this subscription will automatically renew.
3.
Authorized Users. Your access to and use of Forward Service is subject to all applicable international, national, federal, state and local laws and regulations. You represent and warrant that you will not use Forward Service in any manner or for any purposes that are unlawful or prohibited by these Terms. The Forward Service is not for persons under the age of 18. If you are under 18 years of age, then please do not use Forward Service.
4.
Specific Features and Services. When using the Forward Service, you may be subject to additional posted guidelines or terms and conditions applicable to specific services and features which may be posted from time to time (the “Guidelines”). All such Guidelines are hereby incorporated by reference into the Terms.
5.
Changes. Forward may revise this Terms from time to time. Although Forward may include a notice on the home page of Forward Service that the Terms has been modified, such notice may not remain in place for any extended period of time. Accordingly, you should review the Terms as posted on Forward Service from time to time. Using Forward Service after any revised Terms has been posted will constitute your acceptance of the revised Terms.
6.
Limited License. Subject to the terms and conditions of these Terms, Forward hereby grants you a limited, revocable, non-transferable, non-exclusive, non-sublicensable license to use the Forward Services (and all updates or upgrades provided) solely for private, non-commercial purposes in accordance with these Terms.
7.
Ownership; Proprietary Rights. The Forward Service is owned and operated by Forward. The content, visual interfaces, information, graphics, design, compilation, computer code, products, software, algorithms, services, and all other elements of the Forward Service that are provided by Forward (“Forward Materials”) are bound by the continually updated copyright, trademark, patent, and other intellectual property laws of countries and regions globally, such as the United States, Europe, and Asia, and applicable international conventions.
For clarity, Forward Materials do not include any User Content (defined below) or content from third party sites, whether Forward Service provides a link to them or not. All Forward Materials contained on Forward Service are the copyrighted property of Forward or affiliated companies and/or third party licensors. All trademarks, service marks, and trade names are proprietary to Forward or its affiliates and/or third party licensors. Except as expressly authorized by Forward, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, decompile, disassemble, reverse engineer, create derivative works from, or otherwise make unauthorized use of Forward Materials.
8.
Restrictions. As a condition of your use of the Forward Service, you will not use Forward Service for any purpose that is unlawful or prohibited by these Terms. Access to Forward Materials and the Forward Service from territories where their contents are illegal is strictly prohibited. Users are responsible for complying with all local rules, laws, regulations and policies, including, without limitation, rules about intellectual property rights, the internet, technology, data, email, and/or privacy.
Any use by User of any of Forward Materials other than for private use is prohibited.
You will not use the Forward Service in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other party’s use of the Forward Service. You will not take any action that imposes an unreasonable or disproportionately large load on Forward’s infrastructure. You will not intentionally interfere with or damage the operation of the Forward Service or any user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code. You will not remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Forward Service, features that prevent or restrict the use or copying of any content accessible through the Forward Service, or features that enforce limitations on the use of the Forward Service. You will not attempt to gain unauthorized access to the Forward Service, or any part of it, other accounts, computer systems or networks connected to the Forward Service, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Forward Service or any activities conducted on the Forward Service. You will not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Forward Service. You agree neither to modify the Forward Service in any manner or form, nor to use modified versions of the Forward Service, including (without limitation) for the purpose of obtaining unauthorized access to the Forward Service.
Forward Service may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, or other automated means to access the Forward Service for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Forward Service. You will not utilize framing techniques to enclose any trademark, logo, or other Forward Materials without our express written consent. You will not use any meta tags or any other “hidden text” utilizing Forward’s name or trademarks without our express written consent.
You will not deep-link to the Forward Service and will promptly remove any links that Forward finds objectionable in its sole discretion. You will not use any Forward logos, graphics, or trademarks as part of the link without our express written consent.
You will not send junk mail to other users of the Forward Service, including, but not limited to unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.
9.
Your Content.
Prohibited Content. You shall not use the Forward Service to create, upload, download, copy, publish or propagate any images, sounds, videos, data, text, information or any other materials or content (collectively, “Content”) that: (a) violates any rule, law, regulation or policy; (b) harms national interests, endangers national security or divulges national secrets; (c) incites ethnic or racial discrimination or hatred; (d) undermines the social stability; (e) contains obscenity, sexual connotation, pornography, gambling, violence, murder, or terror; (f) insults or defames others or infringes others’ lawful rights and interests; or (g) contains abusive or threatening information.
License to Your Content. You hereby grant Forward a worldwide, non-exclusive, irrevocable, royalty-free, fully-paid, perpetual, sublicensable (through multiple tiers), fully transferable license to use, distribute, reproduce, create derivative works from, publish, translate, publicly perform and publicly display any Content that you upload or publish to the Forward Services (collectively, “Your Content”), in any format or medium now known or later developed for any purpose. Forward can use Your Content in the App and in Forward’s other products or services, and can transfer the license or authorization of using such information and content to its related companies and cooperation partners with no need to obtain your consent again. Forward reserves the right to display advertisements and sponsorships in connection with Your Content.
Forward has the right to remove, at its sole discretion and without notice to you, Your Content if it infringes others’ rights and interests. Forward has the right to suspend or terminate access to the Forward Service to any user who uses the Forward Service in violation of copyright law or other intellectual property law. All liabilities for damage for any claim for rights raised by the said third party shall be assumed by you, not by Forward, and you shall compensate for all losses and damages Forward incurs arising therefrom, including but not limited to economic losses and business losses.
Representation and Warranty. You represent, warrant and covenant that at all times: (i) the Your Content does not infringe any third party’s intellectual property, right of reputation, right of name, right of privacy, moral rights and other lawful rights and interests; (ii) you own or have the necessary licenses, rights, consents and permissions for your use of the Your Content in connection with the Forward Services and Forward’s use of the Your Content pursuant to Section 8(b).
10.
Identity Authentication. Forward uses many techniques to identify you when you register for and/or access, browse, use or subscribe to the Forward Service. This verification is only an indication of increased likelihood that your identity is correct. You authorize Forward, directly or through third parties, to make any inquiries Forward considers necessary to validate your registration.
11.
User Account Information. You agree that the information you provide to Forward upon registration and, at all other times, will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. When you register, you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your account ID, password), you will immediately notify Forward. You will be liable for the losses incurred by Forward or others due to any unauthorized use of your account.
12.
Communications; Notice. Under these Terms, you consent to receive communications from Forward electronically. We will communicate with you by email or by posting notices on the Forward Service. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Except as explicitly stated otherwise, legal notices shall be served on Forward’s national registered agent or to the email address you provide to Forward during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
13.
Feedback. You
may,
but are not required to, provide
suggestions, comments, ideas, or know-how, in any form, to Forward
related
to the Forward
Services
(“Feedback”).
Any Feedback shall not be considered your confidential information and may be used by Forward
for
any purpose. There shall be no obligation to provide compensation for use of Feedback.
14.
Third Party Sites. The Forward Service may include links to other websites or services solely as a convenience to users (“Linked Sites”). Forward does not endorse any Linked Sites or the information, material, products or services contained on Linked Sites or accessible through Linked Sites. Furthermore, Forward makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through Linked Sites. Access and use of linked sites, including the information, material, products, and services on linked sites or available through linked sites, is solely at your own risk.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Forward Service are solely between you and such advertiser. You agree that Forward will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Forward Service.
Forward may make changes to or discontinue any of the content or services available on the Forward Service at any time, and without notice. The content or services on the Forward Service may be out of date, and Forward makes no commitment to update these materials.
15.
User Content. You acknowledge and agree that: (a) Content is provided to you AS IS and that Forward is not responsible for examining or evaluating Content created, uploaded, publish or propagate or otherwise made available by end users through the Forward Services (“User Content”); (b) Forward does not guarantee accuracy of any such User Content or that such User Content will continue to be available; (c) by using the Forward Services, you may encounter User Content that you deem offensive, indecent, or objectionable and that such User Content may not be labeled as such; and (d) Forward has no liability to you for any such User Content.
16.
Termination. You agree that Forward, in its sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have with Forward. In addition, Forward reserves the right to discontinue any aspect of the Forward Service at any time, including the right to discontinue the display of any licensed content, linked or embedded content, Your Content or Third Party Content, either generally or in specific cases. For the avoidance of doubt, Forward shall in no event be responsible for the deletion, losing of, or failure to store Your Content. You agree that any termination of your access to the Forward Service or any account you may have or portion thereof may be affected without prior notice, and you agree that Forward will not be liable to you or any third party for such termination. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of Forward Service may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Forward may have at law or in equity.
17.
DISCLAIMERS; NO WARRANTIES. WITHOUT LIMITING ANY OTHER PROVISION OF THIS SECTION AND IN ADDITION TO ALL OTHER PROVISIONS OF THIS SECTION, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Forward EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE, WITH RESPECT TO Forward SERVICE. Forward MAKES NO WARRANTY THAT Forward SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT Forward SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. Forward DOES NOT MAKE ANY WARRANTY OR REPRESENTATION AS TO THE USE OR THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF Forward SERVICE. YOU ACKNOWLEDGE THAT Forward SERVICE MAY BE SUBJECT TO OPERATING ERRORS OR DEFECTS INCLUDING, BUT NOT LIMITED TO LOSS OF DATA, DELAYS, NON-DELIVERIES, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS. NO SUCH EVENT SHALL CONSTITUTE A BREACH OF THIS OR ANY OTHER CONTRACT ON THE PART OF Forward, EVEN IF CAUSED BY THE NEGLIGENCE OR GROSS NEGLIGENCE OF Forward OR ANY OF ITS AFFILIATES, EMPLOYEES, AGENTS, LICENSORS OR SUBCONTRACTORS.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
18.
Indemnification. You agree to indemnify and hold Forward, and its affiliated companies, and its suppliers and partners, harmless from any claims, losses, damages, liabilities, including attorney’s fees, arising out of your use or misuse of the Forward Service, violation of these Terms, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants. Forward reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.
19.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL Forward OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OR THE INABILITY TO USE Forward MATERIALS ON Forward SERVICE, Forward SERVICE ITSELF, OR ANY OTHER INTERACTIONS WITH Forward, EVEN IF Forward OR A Forward AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, Forward’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
IN NO EVENT SHALL Forward’S OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF Forward SERVICE (WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE) EXCEED ONE HUNDRED DOLLARS.
THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED TO YOU BY THIRD PARTIES OTHER THAN Forward AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE Forward SERVICE OR RECEIVED BY YOU THROUGH ANY LINKS PROVIDED ON THE Forward SERVICE.
20.
Miscellaneous.
Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of these Terms shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of these Terms shall not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms.
Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Assignment. The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Forward without restriction.
Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.
Entire Agreement. These Terms are the entire agreement between you and Forward relating to the subject matter herein and shall not be modified except in writing, signed by both parties, or by a change to these Terms made by Forward as set forth in Section 4.
CLAIMS. YOU AND Forward AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO Forward SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
End-User Terms Required by Apple. If you have downloaded the Forward Services mobile application (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 Forward only, not with Apple, and Apple is not responsible for the Forward 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 Forward Services:
Email: forwardhorizontech@icloud.com
DMCA/Copyright. If you believe that anything on the Forward Services infringes a copyright that you own or control, you may file a notice with our designated agent:
Email: forwardhorizontech@icloud.com