1. Your Agreement with Petiole
1.1 Your use of the Petiole service is governed by this agreement (the "Terms"). "Petiole" means Petiole LTD, located at Kemp House, 152 - 160 City Road, London, EC1V 2NX, United Kingdom, and its subsidiaries or affiliates involved in providing the Petiole Service. The "Petiole Services" means the services Petiole makes available through this website including this website, Petiole mobile application and any other software or services offered by Petiole in connection to any of those.
1.2 In order to use the Petiole Services, you must first agree to the Terms. You can agree to the Terms by actually using the Petiole Services. You understand and agree that Petiole will treat your use of the Petiole Services as acceptance of the Terms from that point onwards.
You may not use the Petiole Services if you are a person barred from receiving the Petiole Services under the laws of the United Kingdom or other countries, including the country in which you are resident or from which you use the Petiole Services. You affirm that you are over the age of 13, as the Petiole Services are not intended for children under 13.
You agree not to (a) access (or attempt to access) the administrative interface of the Petiole Services by any means other than through the interface that is provided by Petiole in connection with the Petiole Services, unless you have been specifically allowed to do so in a separate agreement with Petiole, or (b) engage in any activity that interferes with or disrupts the Petiole Services (or the servers and networks which are connected to the Service).
2.5 You may use the Petiole Services only to measure leaf area. You may not access the Petiole Services for the purpose of bringing an intellectual property infringement claim against Petiole or for the purpose of creating a product or service competitive with the Petiole Services.
3. Service Policies and Privacy
. You agree to the use of your data in accordance with Petiole's privacy policies.
4. Fees for Use of the Petiole Services
Subject to the Terms, the Petiole Services is provided to you without charge. You may need additional equipment (measuring stand, calibration pad, pressure pad, etc.) that require your purchase of them and/or related services. The pricing for additional equipment, resources and services can be requested at firstname.lastname@example.org
5. Content on the Petiole Services and Take Down Obligations
5.1 You agree that you are solely responsible for (and that Petiole has no responsibility to you or to any third party for) any Content (such as leaf area measurements, data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) that you create, transmit or display while using the Petiole Services and for the consequences of your actions (including any loss or damage which Petiole may suffer) by doing so.
You agree that Petiole has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted through use of the Service. You further acknowledge that you are solely responsible for securing and backing up any Content.
6. Proprietary Rights
6.1 You acknowledge and agree that Petiole (or Petiole's licensors) own all legal right, title and interest in and to the Petiole Services, including any intellectual property rights which subsist in the Petiole Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
6.2 Except as provided in Section 8, Petiole acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you create, submit, post, transmit or display on, or through, the Petiole Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Petiole, you agree that you are responsible for protecting and enforcing those rights and that Petiole has no obligation to do so on your behalf.
7. License from Petiole and Restrictions
7.1 Petiole gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Petiole as part of the Petiole Services as provided to you by Petiole. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Petiole Services as provided by Petiole, in the manner permitted by the Terms.
7.2 You may not (and you may not permit anyone else to): (a) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Petiole Services or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Petiole, in writing (e.g., through an open source software license); or (b) attempt to disable or circumvent any security mechanisms used by the Petiole Services or any applications running on the Petiole Services.
7.3 Open source software licenses for components of the Petiole Services released under an open source license constitute separate written agreements. To the limited extent that the open source software licenses expressly supersede these Terms, the open source licenses govern your agreement with Petiole for the use of the components of the Petiole Services released under an open source license.
8. License from You
8.1 Petiole claims no ownership or control over any Content. You retain copyright and any other rights you already hold in the Content and/or Application, and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying the Content on or through the Petiole Services you give Petiole a worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Content for the sole purpose of enabling Petiole to provide you with the Petiole Services.
You may choose to or we may invite you to submit comments or ideas about the Petiole Services, including without limitation about how to improve the Petiole Services or our products ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Petiole under any fiduciary or other obligation and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.
You agree that Petiole, in its sole discretion, may use your trade names, trademarks, service marks, logos, domain names and other distinctive brand features in presentations, marketing materials, customer lists, financial reports and Web site listings (including links to your website) for the purpose of advertising or publicizing your use of the Petiole Services.
9.1 Petiole may make available through the Petiole Services additional features, functionality, and services offered by its third-party partners ("Add-ons"). Your use of Add-ons is subject to these Terms and to the applicable fees. You acknowledge for each Add-on you subscribe to or purchase through the Petiole Services, these Terms constitute a binding agreement between you and the third party licensor of that Add-on ("the Add-on Provider") only. The Add-on Provider of each Add-on is solely responsible for that Add-on, the content therein, and any claims that you or any other party may have relating to that Add-on or your use of that Add-on. You acknowledge that you are purchasing the license to each Add-on from the Add-on Provider of that Add-on; Petiole is acting as agent for the Add-on Provider in providing each such Add-on to you; Petiole is not a party to the license between you and the Add-on Provider with respect to that Add-on; and Petiole is not responsible for that Add-on, the content therein, or any claims that you or any other party may have relating to that Add-on or your use of that Add-on. You acknowledge and agree that Petiole, and Petiole's subsidiaries, are third-party beneficiaries of the agreement between you and the Add-on Provider for each Add-on, and that Petiole will have the right (and will be deemed to have accepted the right) to enforce such license against you as a third-party beneficiary thereof.
9.2 By subscribing to or purchasing an Add-on, you grant Petiole permission to share your Content, and user information with the Add-on Provider as necessary in order to provide you the Add-on.
The license granted to you to use any Add-on is personal to you. You may not provide or resell Add-ons to others.
Petiole may, and you grant us permission to, make recommendations via the Petiole Services for products or services we think may be of interest to you based on your Content, and/or use of the Petiole Services.
11. Modification and Termination of the Petiole Services
11.1 Petiole is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Petiole Services which Petiole provides may change from time to time without prior notice to you, subject to the terms in Section 4 Changes to the form and nature of the Petiole Services will be effective with respect to all versions of the Petiole Services; examples of changes to the form and nature of the Petiole Services include without limitation changes to fee and payment policies, security patches, added functionality, and other enhancements.
11.2 You may terminate these Terms at any time by canceling your account on the Petiole Services. You will not receive any refunds for purchased products or services if you cancel your account.
11.3 You agree that Petiole, in its sole discretion and for any or no reason, may terminate your account or any part thereof. You agree that any termination of your access to the Petiole Services may be without prior notice, and you agree that Petiole will not be liable to you or any third party for such termination.
11.4 You are solely responsible for exporting your Content from the Petiole Services prior to termination of your account for any reason, provided that if we terminate your account, we will provide you a reasonable opportunity to retrieve your Content.
11.5 Upon any termination of the Petiole Services or your account these Terms will also terminate, but Sections 6.1, 11, 12, 13, 14, and 18 shall continue to be effective after these Terms are terminated.
12. EXCLUSION OF WARRANTIES
12.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 12 AND 13, SHALL EXCLUDE OR LIMIT PETIOLE'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.
12.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE PETIOLE SERVICE IS AT YOUR SOLE RISK AND THAT THE PETIOLE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
PETIOLE, ITS SUBSIDIARIES, AND AFFILIATES, AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE PETIOLE SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PETIOLE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE PETIOLE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE PETIOLE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE PETIOLE SERVICES WILL BE ACCURATE.
13. LIMITATION OF LIABILITY
SUBJECT TO SECTION 12.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT PETIOLE, ITS SUBSIDIARIES, AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER, CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS.
13.2 THE LIMITATIONS ON PETIOLE'S LIABILITY TO YOU IN PARAGRAPH 13.1 ABOVE SHALL APPLY WHETHER OR NOT PETIOLE HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
You agree to hold harmless and indemnify Petiole, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners (collectively "Petiole and Partners") from and against any third party claim arising from or in any way related to (a) your breach of the Terms, (b) your use of the Petiole Services, (c) your violation of applicable laws, rules or regulations in connection with the Petiole Services, or (d) your Content, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Petiole will provide you with written notice of such claim, suit or action.
15. Other Content
15.1 The Petiole Services may include hyperlinks to other web sites or content or resources or email content. Petiole may have no control over any web sites or resources which are provided by companies or persons other than Petiole.
15.2 You acknowledge and agree that Petiole is not responsible for the availability of any such external sites or resources and does not endorse any advertising, products or other materials on or available from such web sites or resources.
15.3 You acknowledge and agree that Petiole is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
17. Changes to the Terms
17.1 Petiole may make changes to the Terms from time to time. If we change the Terms in any substantive way, we will give you at least seven (7) days notice before the changes take effect, during which period of time you may reject the changes by terminating your account.
17.2 You understand and agree that if you use the Petiole Services after the date on which the Terms have changed, Petiole will treat your use as acceptance of the updated Terms.
18. General Legal Terms
18.1 The Terms constitute the whole legal agreement between you and Petiole and govern your use of the Petiole Services (but excluding any services which Petiole may provide to you under a separate written agreement), and completely replace any prior agreements between you and Petiole in relation to the Petiole Services.
18.2 There are no third party beneficiaries to these Terms. The parties are independent contractors, and nothing in these Terms creates an agency, partnership or joint venture.
18.3 If Petiole provides you with a translation of the English language version of these Terms, the English language version of these Terms will control if there is any conflict.
18.4 You agree that Petiole may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Petiole Services. By providing Petiole your email address, you consent to our using the email address to send you any notices required by law in lieu of communication by postal mail.
18.5 You agree that if Petiole does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Petiole has the benefit of under any applicable law), this will not be taken to be a formal waiver of Petiole's rights and that those rights or remedies will still be available to Petiole.
18.6 Petiole shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.
18.7 The Terms, and your relationship with Petiole under the Terms shall be governed by the law of United Kingdom. You and Petiole agree to submit to the exclusive jurisdiction of the courts located within the United Kingdom to resolve any legal matter arising from the Terms.
18.8 Neither party may assign any of its rights or obligations under these Terms, whether by operation of law or otherwise, without the prior written consent of the other party (not to be unreasonably withheld). Notwithstanding the foregoing, either party may assign the entirety of its rights and obligations under these Terms, without consent of the other party, to its affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets not involving a direct competitor of the other party. A party's sole remedy for any purported assignment by the other party in breach of this paragraph shall be, at the non-assigning party's election, termination of your use of the Petiole Services upon written notice to the assigning party.
This document is an adaptation of the Google App Engine Terms of Service
. The original work has been modified. Google, Inc. is not connected with and does not sponsor or endorse Petiole or its use of the work.
These Terms of Service were last modified on 19th of February, 2018.