Terms of Service

General Terms

These Terms and Conditions (the “Terms”) govern the relationship between you and GLIMMEREYE VENTURES LIMITED, a legal entity incorporated under the laws of Cyprus, having its registered office at Floor 6, Flat 601, 12 Dimostheni Severi Nicosia 1080 Cyprus ("we", "us", "our" or the "Company") regarding your use of the Company’s website available at https://martalia-llc.com (the “Website”), mobile application “Plant Expert AI” available at Apple App Store, Google Play or any other app store (the “App”) and other services (the “Service”), including all textual, graphic, video, music, software and other content available through the Service (the “Content”).

Your access and use of the Service constitutes your agreement to be bound by these Terms, which establishes a legally binding contractual relationship between you and the Company. For this reason, PLEASE READ THE TERMS CAREFULLY BEFORE USING THE SERVICE.

Please review also our “Privacy Policy”. The terms of the “Privacy Policy” and other supplemental terms, policies or documents that may be posted on the Service from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason.

Authorization

Your access to and use of “Plant Expert AI” is subject to all applicable international, national, federal, state and local laws and regulations. You represent and warrant that you will not use “GLIMMEREYE VENTURES LIMITED” in any manner or for any purposes that are unlawful or prohibited by these Terms. Persons younger than 18 shall not use “Plant Expert AI” services and provide any personal data to us without the supervision of parents or guardians. Based on the above, it is presumed that any person using “Plant Expert AI” services and supplying personal data to us is at least 18 years of age. If a person younger than 18 years of age or a person supplying wrongful data become known to “Plant Expert AI”, such person and all their data may be immediately and without any notice withdrawn by suspending their access to “Plant Expert AI” services.

Service

In order to use certain features of the Service, you may need to register an account ("Account") and provide certain information about yourself as prompted by the registration form. If you register an Account, you represent and warrant to the Company that: (i) all required registration information you submit is truthful and accurate; (ii) you will maintain the accuracy of such information; and (iii) your use of the Service does not violate any applicable law or regulation or these Terms. Otherwise, the Service may not operate correctly, and we may not be able to contact you with important notices.

The Company reserves the right to suspend or terminate your Service, or your access to the Service, with or without notice to you, in the event that you breach these Terms. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify the Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

The Service may be modified, updated, interrupted or suspended at any time without notice to you or our liability. You are solely responsible for obtaining the equipment and telecommunication services necessary to access the Service, and all fees associated therewith (such as computing devices and Internet service provider and airtime charges). We retain the right to implement any changes to the Service (whether to free or paid features) at any time, with or without notice. You acknowledge that a variety of Company’s actions may impair or prevent you from accessing the Service at certain times and/or in the same way, for limited periods or permanently, and agree that the Company has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any content or services.

Your access to and use of the Service is at your own risk. To the extent permitted by law, the Company will have no responsibility for any harm to your computing system, loss of data, or other harm to you or any third party, including, without limitation, any bodily harm, that results from your access to or use of the Service, or reliance on any information or advice.

The Company has no obligation to provide you with customer support of any kind. However, the Company may provide you with customer support from time to time, at the Company’s sole discretion.

Subscription Fees and Payment

The App is free to download and the Website is free to access. However, certain features of the Service are offered for a fee on a subscription basis or one-time payment basis. You may make a purchase directly from the Company (through the Website) or through an App Store (the “Purchase”). You authorize us, the App Stores and the payment providers we cooperate with to charge the applicable fees to the payment card that you submit.

To the maximum extent permitted by applicable laws, we may change the Purchase fee at any time. We will give you reasonable notice of any such pricing changes by posting the new prices on or through the Service and/or by sending you an email notification. If you do not wish to pay the new fees, you can cancel the applicable subscription prior to the change going into effect.

By signing up for certain subscriptions, you agree that your subscription may be automatically renewed. Unless you cancel your subscription you authorize us, the App Stores, and the payment providers we cooperate with to charge you for the renewal term. The period of auto-renewal will be the same as your initial subscription period unless otherwise disclosed to you on the Service. The renewal rate will be no more than the rate for the immediately prior subscription period, excluding any promotional and discount pricing, unless we notify you of a rate change prior to your auto-renewal. You must cancel your subscription in accordance with the cancellation procedures disclosed to you for the particular subscription. We will not refund fees that may have accrued to your account and will not prorate fees for a cancelled subscription.

We may offer a trial subscription for the Service. Trial provides you access to the Service for a period of time, with details specified when you sign up for the offer. Unless you cancel before the end of the trial, or unless otherwise stated, your access to the Service will automatically continue and you will be billed the applicable fees for the Service. It is ultimately your responsibility to know when the trial will end. We reserve the right, in our absolute discretion, to modify or terminate any trial offer, your access to the Service during the trial, or any of these terms without notice and with no liability. We reserve the right to limit your ability to take advantage of multiple trials.

The Service and your rights to use it expire at the end of the paid period of your subscription or when you have used all other services included in the package you purchased. If you do not pay the fees or charges due, we may make reasonable efforts to notify you and resolve the issue; however, we reserve the right to disable or terminate your access to the Service (and may do so without notice).

Purchases made via an App Store are subject to such App Store's refund policies. This means when a Purchase is made through an App Store, we cannot grant refunds. You will have to contact an App Store support. Purchases made via the Website or, if purchased within the App through separate payment service providers are subject to our refund policies as stipulated in sub-clause 6.8 below.

Except when required by law, the Company will not refund any transaction once it has been made. When you make a Purchase, you acknowledge and agree that all Purchases are non-refundable and/or non-exchangeable.

Limited License

During the Term, we hereby grant you a personal, non-exclusive, non-transferable, non- assignable, non-sublicensable, revocable and limited license to access and use the Services and install a copy of the Software on your personal device. This limited license is for your personal and non-commercial use only. Any commercial use of the Services or Software, including but not limited to any use by an individual on behalf of a company or legal entity, shall be considered a violation of this Agreement. If you wish to use the Services (or any part of them) for commercial purposes, you must enter into an agreement with us in advance. Please contact support@glimmereyeventure.com for more information.

The Software is licensed to you, not sold. Except as expressly provided in this Agreement or in any of the Services, you may not: (a) copy, modify or distribute the Services or any part of them; (b) sell, loan, rent, assign, export, sublicense or otherwise transfer the Software or Services; (c) modify, translate, reverse engineer, create derivative works based on the Software or Services, or otherwise attempt to discover any source code, protocol or process used in or in connection with the Software or Services; (d) alter, remove or obscure any copyright, trademark or other notices associated with the Services or the Software; (e) interfere with or disrupt your use of other Services or any network connected to the Services; (f) use the Services or Software by itself or in combination with any other products to infringe the rights of any third party, including, without limitation, the intellectual property rights of a third party, for any invasion of users' privacy, or to track, store, transmit or record personal information about any other user of the Services or Software; (g) otherwise violate applicable law, including but not limited to copyright and trademark laws, and applicable communications rules and regulations. Any such prohibited use will immediately and automatically terminate your license to use the Software and Services, without prejudice to any other remedies available to us at law or in equity.

International Use

The Company makes no representation that the Service is accessible, appropriate or legally available for use in your jurisdiction, and accessing and using the Service is prohibited from territories where doing so would be illegal. You access the Service at your own initiative and are responsible for compliance with local laws.

Proprietary Rights

The Software, Site and Features, including any versions, patches, fixes, modifications, enhancements and/or updates, related materials, services and any copies you are permitted to make under this Agreement, are owned by us or our licensors and are protected by laws related to intellectual property, including copyright laws and treaties. You acknowledge that all right, title and interest in and to the Software, the Site and features and related intellectual property rights (including without limitation any patents (whether registered or pending), copyrights, trade secrets, designs or trademarks) endorsed or embodied in or affixed to or linked to or associated with the Software, the Site and features are and will remain the sole property of us or our licensors. This Agreement does not convey to you any interest in the Software, the Site or Features or any Services, but only a limited, revocable right to use in accordance with the terms of this Agreement. Nothing in this Agreement shall constitute a waiver of our intellectual property rights under any law. The Plant Expert AI logos and trademarks are our trademarks and no right, license or interest in any such trademarks is granted under this Agreement. We respect the intellectual property of others and ask you to do the same. It is important (and a condition of this Agreement) that you comply with all copyright laws and other provisions in connection with any content agreement to which you may be a party through the Services.

Indemnification

You hereby agree to indemnify, defend and hold us, our subsidiaries, parent corporation and affiliates, partners, sponsors and all of their respective officers, directors, owners, employees, agents, attorneys, licensors, representatives, licensees, and suppliers (collectively, “Parties”), harmless from and against any and all liabilities, losses, expenses, damages, and costs (including reasonable attorneys’ fees), incurred by any of the Parties in connection with any claim arising out of your use of the Site or Services, any use or alleged use of your account or your password by any person, whether or not authorized by you, your violation or breach of this Agreement or your violation of the rights of any other person or entity.

Warranty Disclaimers

THE SOFTWARE AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OF ANY KIND (INCLUDING SUPPORT OR OTHER SERVICES BY US OR OUR LICENSORS).YOU AGREE THAT YOUR USE OF THE SERVICES AND SOFTWARE SHALL BE AT YOUR SOLE RISK AND RESPONSIBILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE, OUR LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SOFTWARE OR SERVICES: (A) WILL BE ERROR OR DEFECT FREE OR OTHERWISE FREE FROM ANY INTERRUPTIONS OR OTHER FAILURES; (B) WILL MEET YOUR REQUIREMENTS; OR (C) THAT ANY ERROR WILL BE IMMEDIATELY FIXED; WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT (INCLUDING ANY USER CONTENT) OR TO ANY THIRD PARTY SITES OR APPLICATIONS OR CONTENT OR ANY PORTION OR COMPONENT OF EITHER AND ASSUME NO LIABILITY OR RESPONSIBILITY AND DISCLAIM ALL WARRANTIES FOR ANY (I) PROBLEMS OR AVAILABILITY OF INTERNET CONNECTIONS (II) ERRORS, MISTAKES, OR INACCURACIES IN CONTENT OR SERVICES, (III) PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES OR TO ANY THIRD PARTY SITE, (IV) ANY UNAUTHORIZED ACCESS TO YOUR DEVICE OR USE OF OUR SECURE SERVERS OR ANY AND ALL PERSONAL INFORMATION OR FINANCIAL INFORMATION STORED THEREIN, (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION REGARDING THE SERVICES, (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR OTHER MALICIOUS CODE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, OR (VIII) ANY USER CONTENT. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO ANY TRANSACTION OR OTHER ENGAGEMENT WITH SUCH ADVERTISING OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU ASSUME ALL RISK AS TO THE QUALITY, FUNCTION, AND PERFORMANCE OF THE SERVICES, AND TO ALL TRANSACTIONS YOU UNDERTAKE ON THROUGH THE SERVICES.

Termination

This Agreement becomes effective upon the earlier of your access to the Services or installation of the Software until terminated by either you or us (the “Term”). You may terminate your relationship with us at any time by completely uninstalling the Software. Your failure to comply with the terms and conditions of this Agreement or any other agreement you have with us will terminate your license and this Agreement. Upon termination of this Agreement the license granted to you shall automatically expire and you shall discontinue all further use of the Software and Services. We have the right to take any of the following actions in our sole discretion at any time without any prior notice to you:

Restrict, deactivate, suspend, or terminate your access to the Services, including deleting your accounts and all related information and files contained in your account;
Refuse, move, or remove any material that is available on or through the Services;
Establish additional general practices and limits concerning use of the Services.

We may take any of the above actions for any reason, as determined by us in our sole discretion, including, but not be limited to, (a) your breach or violation of this Agreement, (b) requests by law enforcement authority or other governmental agency, (c) a request by you, (d) discontinuance or material modification to the Services (or any part thereof), and (e) unexpected technical or security issues or problems. You agree that we will not be liable to you or any third party for taking any of these actions.

Compliance with Law & Export Control

The Software is intended for use only in compliance with applicable laws and you undertake to use it in accordance with all such applicable laws. Without derogating from the foregoing and from any other terms herein, you agree to comply with all applicable export laws and restrictions and regulations and agree that you will not export, or allow the export or re- export of the Software in violation of any such restrictions, laws or regulations. You agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any restricted country under Cyprus or other applicable law.

Contact Us

For any question you may contact us at: support@glimmereyeventure.com.