THIS TERMS OF USE, TOGETHER WITH ANY DOCUMENTS EXPRESSLY INCORPORATED BY REFERENCE HEREIN (COLLECTIVELY THE “TERMS”), SETS OUT THE TERMS AND CONDITIONS ON WHICH PLANTO LIMITED (HEREINAFTER REFERRED TO AS “WE”, “OUR”, OR “PLANTO”) OFFERS YOU ACCESS AND USE OF ITS MOBILE APPLICATION AND WEBSITE, INCLUDING ANY CONTENT, FUNCTIONALITY AND SERVICES AVAILABLE THEREIN (COLLECTIVELY THE“SERVICES” OR OUR “APP AND WEBSITE”).
PLEASE CAREFULLY READ THESE TERMS BEFORE ACCESSING AND/OR USING OUR APP AND WEBSITE. BY USING OUR APP AND WEBSITE, YOU AGREE TO THE TERMS HEREIN WHICH FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND OUR COMPANY. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT ACCESS OR USE OUR APP AND WEBSITE.
Planto Services
We offer a A.I. driven smart personal finance mobile application and website that offers users interactive tools to (i) track and manage their finances and investment goals, and (ii) obtain insights and offers on financial products across different financial institution.
In order to use our App, you will need to register an account by providing a valid email address and password. You are solely responsible for keeping your log-in credentials confidential, and you agree to promptly notify Planto if you suspect that your account has been compromised.
All information published on our App and Website are for your information purposes only and does not constitute as an invitation, offer or recommendation to acquire any financial product from, or to engage the financial services of, any third-party. The content published on our App and Website is not intended to constitute as financial or investment advice, and you are recommended to carefully evaluate and assess the merits and risks of any financial action you take. Where in doubt, you are suggested to consult a professional financial advisor.
The content published or generated on our App and Website may also contain or use information, statistical or aggregated data and other copyrighted material supplied by third parties (collectively known as “Third Party Information”). Acknowledgements, licensing terms, and disclaimers for such Third Party Information are set out in our App and Website, and your use of such information is further governed by such respective terms, To the fullest extent permitted by law, we do not guarantee, represent, or warrant the accuracy, adequacy, completeness or validity of the information and materials published on our App and Website, including the Third Party Information, and we expressly disclaim any liability for errors or omissions in said information and material.
As a condition to accessing and using our Services, you represent, warrant and undertake to us that, at all times:
You have full power, legal authority and capacity to enter into these Terms and to abide by these Terms (or to do so on behalf of a minor of whom you are the parent or legal guardian);
You have not and will not create any account with us through unauthorized means, including but not limited to, using an automated device, script, robot, crawler or scraper;
You will not impersonate any person or entity, or otherwise misrepresent your affiliation with any person or entity;
You will not use our Services for any purpose that is unlawful or prohibited by these Terms and/or applicable laws and regulations;
You will not impede the functionality of our App and Website, or any of its features, such as by interfering with or disrupting the integrity, operation, or performance of our hosting environment, or the use or enjoyment of our App and Website by other users;
You will not decompile, reverse engineer, disassemble, decrypt, or otherwise attempt to derive the source code of our App and Website;
You will not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through our App or Website; and
Your use of our Services will not be false, inaccurate or misleading, or be in violation of these Terms and any applicable laws or regulations.
Maintenance and technical support with respect to our App and Website shall be provided by Planto at our sole discretion. We are not obligated to provide you with any maintenance, technical or other support for our Services. You agree to abide by any support rules and policies that Planto provides to you in order to receive such support.
Subscription Plans
You understand that some features of our Services, specifically those on our App, require payment of a subscription fee. Newly registered users will have access to a free 90-day trial to paid features of our App. Trial users who wish to continue having access to such paid features can unlock such features by purchasing one of our subscription plans, which are available on a monthly or annual basis. Users may find details of the available subscription plans and fee payable on our App.
Subscription fees will be paid by (i) Google Playstore or (ii) Apple Appstore. Subscription fees, once paid, can only be refunded via Google Playstore or Apple Appstore
We reserve the right, in our sole discretion, to adjust the subscription fees from time to time. We will notify you in advance of any adjustments to our subscription fee and the date of the price change with reasonable notice, and any such price adjustments shall take effect at the start of your next subscription period following the date of the price change.
License
Subject to your compliance with these Terms and all applicable laws and regulations, you are granted a personal, limited, non-exclusive and non-transferable license to access and use our App and Website. You acknowledge that our App and Website contains confidential and proprietary information and valuable trade secrets belonging to Planto or its licensors, and that this license does not grant you the right to use our App or Website for any commercial or unauthorized purposes, or to disclose, reproduce, distribute, modify or create derivative works of our Services.
We reserve the right, at any time and without prior notice, to remove or disable your access to our App or Website at our discretion if we suspect that you are using our Services in breach of these Terms or any applicable laws and regulations.
Intellectual Property
All intellectual property subsisting in our Services including but not limited to, the trademarks, logos, graphics, information, designs, and source code published or used on our App and Website, belong solely to Planto and/or its authorized licensors, and are protected from unauthorized reproduction and dissemination by applicable copyright laws, trademark laws and/or other intellectual property laws. You may not use, copy, reproduce, republish, distribute, or disseminate our intellectual property without our prior express written consent.
Nothing in these Terms gives you any ownership rights or interest in the intellectual property subsisting in our Services, nor the right to use our trade marks, logos, domain names, service names and other distinctive brand features that we provide through our Services without our prior consent.
Feedback
We encourage all users to provide us with suggestions, recommendations proposals or other feedback . We may request this information from you by email, web questionnaires, in-app chatbox, bug forms, and other mechanisms, and you agree to be contacted by Planto from time to time about our Services. You agree that in the absence of a separate written agreement to the contrary, we shall be free to use any feedback you provide for any purpose.
Consent to Collection and Use of Data
In order to improve our Services, you acknowledge that Planto and its agents may collect, use, store, process and analye the diagnostic, technical, usage, and/or related information from your devices. The data that shall be collected includes, but is not limited to, general diagnostic and usage data, various unique system identifiers, information about your mobile device, system and application software, and, if Location Services is enabled, the real-time geographic location of your mobile device and location search queries. By accessing our Services on your mobile device, you acknowledge and agree that Planto and its agents have your permission to collect all such information and use it as set forth above. If you do not agree to the foregoing, you may request to delete your account and/or uninstall the App from your mobile device at any point.
For the purpose of development, and enabling Planto Services to be provided using bank statement upload. You acknowledge that Planto may collect, extract and process bank statement without sharing this with third party
In order to help you apply for third party financial services through our App or Website, you acknowledge that Planto may at time, request for your identification information further than an email address. If collected, such information will only be used at your request or consent.
System Logs and Diagnostic Files. You will have the option of manually attaching system diagnostic files (e.g., kernel logs, hang logs, crash logs, spin logs, install logs, application logs, etc.) from your mobile device (the “System Logs”) to send to Planto. Providing these System Logs is voluntary, but if you do provide them to us, then you acknowledge that we shall use them for diagnostic purposes and to improve our Services.
Privacy Policy. Personal data collected from you through your use of our Services (including the Financial Account Information as defined below) shall be treated in accordance with our Privacy Policy, which is incorporated by reference in these Terms of Use.
Google API. Depending on your usage of our Services, Planto may receive information from Google APIs. All information received from Google APIs will adhere to the Google API Services User Data Policy, including the Limited Use requirement.
Acting as your Authorized Agent
Subject to our Privacy Policy, by accessing and using the financial aggregation services on our App or Website, you expressly authorize and direct Planto to electronically retrieve your account information maintained by third-party financial institutions with which you have a legally binding customer relationship on your behalf (the “Financial Account Information”).
You acknowledge and agree that when Planto is accessing and retrieving your Financial Account Information from third party sites, Planto is acting as your agent, and not as the agent of or on behalf of any third-party financial institutions. You understand that the services on our App and Website are not endorsed or sponsored by any third-party financial institutions where your accounts are held, and therefore, we do not guarantee and shall not be liable for the accuracy or reliability of any data, information or content that we electronically retrieve on your behalf from the third-party financial institutions.
Planto may not be able foresee or anticipate technical or other difficulties which may result in failure to retrieve your Financial Account Information. Planto assumes no responsibility for the failure to retrieve any Financial Account Information, and loss of any Financial Account Information which is at no fault of Planto.
Links to Third Party Websites
Where our App or Website contain links to other sites and resources owned and provided by third parties, these links and resources are provided for your information only. Planto is not responsible for the content published in any of the linked websites, and such links shall not be interpreted as approval or endorsement by us of those linked sites or information you may obtain from them. These Terms do not cover your interaction with any linked sites or resources on third party websites.
No Warranties and Guarantee
You expressly acknowledge and agree that, to the extent permitted by applicable law, your access of our App and Website and use of our Services is at your sole risk. All Services are provided to you solely on an “as is” basis and without any warranty of any kind, whether express or implied, including without limitation, the implied warranties of merchantability, non-infringement, accuracy, completeness, performance and fitness for a particular purpose.
We do not guarantee that our Services, or any content on it, will always be available or be uninterrupted. We may suspend, modify, deny, discontinue, cancel or stop any access to or use of our App and Website (“Interruption”) at any time for the following reasons:
the maintenance of, or technical or other enhancements to our Services;
the security of our Services;
the business and operational reasons of Planto;
suspected unauthorized or fraudulent use of our Services; and/or
any Force Majeure event which is beyond the control of Planto.
We shall notify you of any Interruption as soon as reasonably practicable and we shall use reasonable efforts to minimize the duration and/or impact of such Interruption. We shall not be liable for any loss suffered or incurred by you or any other person arising out of any Interruption.
Disclaimer of Liability and Indemnification
You shall assume all risks and all costs associated with your use of our Services, including without limitation, any back-up expenses, costs incurred for the use of our Services on your mobile device and peripherals, and any damage to any equipment, software, information or data.
To the extent permitted by applicable laws, in no event will Planto be liable for any indirect special, incidental or consequential damages, whether arising in tort (including negligence), contract or otherwise, arising out of or related to these Terms , including any liability that stems from any use of our App and Website on your mobile device and/or any peripherals connected thereto, and/or from any other confidential information, and/or from Planto’s performance or failure to perform under these Terms, including but not limited to:
loss of profits, sales, business, or revenue;
business interruption;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; and/or
any indirect or consequential loss or damage.
Notwithstanding that it has been advised or is aware of the possibility of such damages, in no event shall Planto’s total liability to you for damages (other than as may be required by applicable law in cases involving personal injury) exceed an amount equal to any fees paid by you for installing, downloading, accessing or using our Services.
You acknowledge and agree that we cannot always anticipate technical or other difficulties with our App and Website, either presently or as they evolve, and that our App and Website may contain bugs, errors or other problems, which may result in loss of your data or settings. We shall not be liable for any loss and damages suffered by you due to the technical problems on our App and Website which is not reasonably foreseeable and beyond our control.
You agree to indemnify, defend and hold us and any of our affiliates, licensors and agents, and all of their officers, directors, employees, agents, information providers and licensors harmless from and against any and all third party claims, damages, liability and costs (including attorneys’ fees and costs) incurred by any of these parties that arise out of or are caused by your use of our Services on the App and Website, your violation of these Terms, your infringement of any intellectual property rights. In the event that there are third party claims against you for which you may seek damages from us under these Terms, or we are subject to any claim for which we have the right to be indemnified by you, we reserve the right at our expense in the case of claims by third parties against you, and at your expense in the case of claims for which we have the right to be indemnified by you, to assume the exclusive defense and control of any such claim, and you agree that in any event no such claim can be settled without our written consent.
Disclaimer of Liability and Indemnification
You shall assume all risks and all costs associated with the installation or use of the App provided under the Terms of Use, including, without limitation, any back-up expenses, costs incurred for the use of Planto Services on your mobile device and peripherals, and any damage to any equipment, software, information or data. To the extent not prohibited by applicable law, in no event will Planto Limited be liable for any indirect special, Incidental or consequential damages, whether arising in tort (including negligence), contract or otherwise, arising out of or related to the Terms of Use, including any liability that stems from any use of the app on your mobile device and/ or any peripherals connected thereto, and/or from any other confidential information, and/or Planto Limited’s performance or failure to perform under the Terms of Use.
In particular, we shall not be liable for :
loss of profits, sales, business, or revenue;
business interruption;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage.
Even if it has been advised or is aware of the possibility of such damages. In no event shall Planto Limited’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed an amount equal to any fees paid by you for installing, downloading, accessing or using Planto Service. The foregoing limitations shall apply even if the above state remedy fails of its essential purpose.
You acknowledge and agree that we cannot always anticipate technical or other difficulties with the App and our website, either presently or as they evolve; the App and our website may contain bugs, errors or other problems, which may result in loss of your data or settings. Therefore, we shall not be liable for any loss and damages suffered by you due to the technical problems on the App and/or our website which is not reasonably foreseeable and beyond our control.
You agree to indemnify, defend and hold us and any of our affiliates, licensors and agents, and all of their officers, directors, employees, agents, information providers and licensors harmless from and against any and all third-party claims, damages, liability and costs (including attorneys’ fees and costs) incurred by any of these parties that arise out of or are caused by your use of our services on the App and the website, your violation of this Terms of Use, your infringement of any intellectual property rights, or violation by any users of your account with Planto Limited. In the event that there are third party claims against you for which you may seek damages from us under this Terms of Use, or we are subject to any claim for which we have the right to be indemnified by you, we reserve the right at our expense in the case of claims by third parties against you, and at your expense in the case of claims for which we have the right to be indemnified by you, to assume the exclusive defense and control of any such claim, and you agree that in any event no such claim can be settled without our written consent.
Term and Modification
These Terms shall continue in effect so long as you continue to access and use our Services. We may modify or change these Terms at any time without notice to reflect the changes, with or without cause. Every time you wish to use our Services, please review these Terms to ensure you understand the terms that apply at that time.
Waiver
No failure or delay by a party to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
Assignment and Other Dealings
These Terms are personal to the parties and neither party shall without the prior written consent of the other party assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any of its rights and obligations under these Terms.
Governing Law and Jurisdiction
These Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region and the courts of Hong Kong shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or its subject matter or formation.
Severance
If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms.
Entire Agreement
This Terms of Use, together with any documents expressly incorporated by reference herein, and any additional licenses accompanying our App and Website, constitutes the entire agreement between us, and supersedes all prior or contemporaneous oral or written agreements.
Contact
If you have questions or concerns about these Terms, please contact us via email at hello@planto.hk.
About UsToolsSecurity DetailsBlogPrivacy PolicyTerms & ConditionsGoogle API Disclosure
22/F, 3 Lockhart Road, Wan Chai, Hong KongPlanto Limited © 2024
