These terms apply to your use of the Planet Patrol App

1. General
2. This agreement
3. Support and contact
4. Privacy and your personal information
5. Collecting technical information
6. Location data
7. Augmented reality and using the app
8. Acceptable use
9. Intellectual property rights
10. Updates to the app
11. Changes to this agreement
12. External services and third parties
13. Our responsibility to you
14. Failures of networks or hardware
15. Limitations to the app
16. Ending this agreement
17. For Apple users: Prohibited territories and persons
18. Third parties
19. Transferring this agreement
20. Governing law and jurisdiction
21. Other

1               General

1.1          Planet Patrol is the creator of the Planet Patrol App.

1.2          There are currently three ways to access the Planet Patrol App – Apple’s App Store, Google’s Google Play and in certain circumstances we may send you a hyperlink to the Planet Patrol App.

1.3          By downloading/accessing the Planet Patrol App, you are agreeing to the terms of this agreement which are legally binding. Please read these terms carefully, together with our Data Protection Notice before you download and use the Planet Patrol App. If you do not agree to these terms, we will not allow you to use the Planet Patrol App and you should not download it.

1.4          To use the Planet Patrol App you must be 18 years old or over, or, if you are under 18 years old, your parent or guardian must have discussed these terms with you, and read and accepted these terms on your behalf. You shall have no rights, and we shall have no obligations, under these terms in the case of non-compliance with this clause 1.4 .

1.5          In this agreement, references to the “Store” means the store by which you downloaded the Planet Patrol App (in the case of Google users, Google Play and in the case of Apple users Apple’s App Store).

1.6          The rules contained in the Apple Media Services Terms and Conditions (for Apple Users) and Google’s Terms of Services (and other applicable terms) (for Google users) are collectively referred to here as the “Store Rules”. In the event of any discrepancy between these terms and the Store Rules, the Store Rules will take priority.

2               This agreement

2.1          This agreement is made between you and us. Apple or Google (as applicable) is not a party to this agreement and has no responsibility for the Planet Patrol App or its content or liability under it.

2.2          For Apple users, we allow you to download the Planet Patrol App onto any Apple-branded product.

2.3          We allow you to use the Planet Patrol App, provided you follow all of the rules described in these terms and Store Rules.

2.4          The licence for you to use the Planet Patrol App:

2.4.1       is only for you personally (save for family sharing for Apple users and for Google users anyone else that Google lets you share the Planet Patrol App with) and for devices that you own or control and it cannot be transferred to anyone else;

2.4.2       is not for business use;

2.4.3       starts when you download the app; and

2.4.4       covers content, materials, or services accessible from, or bought in, the Planet Patrol App including all of our support resources. It also covers updates to the Planet Patrol App unless they come with separate terms, in which case we will give you an opportunity to review and accept the new terms.

2.5           Devices and sharing with others

2.5.1      If you download the Planet Patrol App onto any device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device

2.5.2       The Planet Patrol App can be accessed, used and downloaded by other accounts that are associated with you through family sharing (or for Apple users, volume purchasing) in accordance with the Store Rules.

2.5.3      You do not own the Planet Patrol App or any of its contents, but you may use it on devices that you own or control as permitted by this agreement and by the Store Rules.

2.5.4       If you sell or give away the device on which you have downloaded the Planet Patrol App, you must first remove the Planet Patrol App from the device.

2.6           You are not allowed to:

2.6.1       modify the Planet Patrol App’s code in any way, including inserting new code, either directly or through the use of another app or piece of software;

2.6.2      deliberately attempt to avoid or manipulate any security features included in the Planet
Patrol App; or

2.6.3      pretend that the Planet Patrol App is your own or make it available for others to download or use (including by way of copying the code of the Planet Patrol App and creating an independent version).

3               Support and contact

3.1          We are responsible for customer service in relation to the Planet Patrol App and can help you if you are having any issues. The best way to provide feedback is via the notification facility in the Planet Patrol App.

3.2          You acknowledge that Google or Apple (as applicable) has no obligation to provide any support or maintenance services in relation to the Planet Patrol App, although if the Planet Patrol App is faulty: (i) for Apple users, you may be able to claim a refund if you paid for the Planet Patrol App from them pursuant to clause 13.5; and (ii) for Google users, if you paid for the Planet Patrol App refunds may be available to you either from Google (see Google’s Refund Policies for more information) or from us (see clause 13).

3.3          If you need to get in touch with us, please email us at hello@planetpatrol.co.

4               Privacy and your personal information

4.1          Protecting your personal information is important to us. Our Data Protection Notice explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to it and how to contact us and supervisory authorities if you have a query or complaint. By using the Planet Patrol App, you acknowledge such processing of this data and you agree that all data provided by you is accurate.

4.2          Please also refer to our Cookie Notice for information about the cookies used by us.

4.3          Please be aware that internet transmissions are never completely private or secure and
that any message or information you send using the Planet Patrol App may be read or
intercepted by others, even if there is a special notice that a particular transmission is
encrypted.

5               Collecting technical information

We may collect and use technical data that might include, for example, the specifications of your device and its software in order to help us provide software updates, product support, and other services related to the Planet Patrol App. We may also use this information, as long as it is in a form that does not personally identify you, to improve products or to offer new services or technologies to you.

6               Location data

6.1          The Planet Patrol App may make use of functionality on your device that can pinpoint your geographic location. We do this in order to map where you have found litter to enable us to track particular litter hotspots and map where you have collected water quality test results or taken part in our surveys such as Water Watch. You can change your choices at any time in the Planet Patrol App settings, and you can also turn the location services off at any time. The Planet Patrol App will still function if location services are off, but its functionality may be reduced.

6.2          If you use geolocation data functionality, you consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your geolocation data and use of your geolocation data and queries to provide and improve location- based events and programmes. For further details on how we use your geolocation data, please refer to our Data Protection Notice.

7               Augmented reality and using the app

7.1          The Planet Patrol App may use the camera and other sensors on your device to impose
digital effects on the real-life view that you see on your screen.

7.2          You are responsible for your own safety, and the safety of others around you, while using augmented reality. Always check that the area around you is free from hazards and that your use of the Planet Patrol App will not cause danger or disruption to other people.

7.3          You agree not to use the Planet Patrol App on private property if you do not have the property-owner’s permission.

7.4          You agree not to cause any damage to property of any kind.

7.5          You agree to always exercise the utmost caution when using the Planet Patrol App, being aware of your surroundings and not using the Planey Patrol App in dangerous circumstances.

8               Acceptable use

8.1          You must not use the Planet Patrol App to do any of the following things:

8.1.1       break the law or encourage any unlawful activity;

8.1.2       send or upload anything that is (or might be considered to be) defamatory, offensive, obscene or discriminatory;

8.1.3      infringe our or anyone else’s intellectual property rights (for example, by using or uploading someone else’s content);

8.1.4       transmit any harmful software code such as viruses;

8.1.5       try to gain unauthorised access to computers, data, systems, accounts or networks; or

8.1.6       deliberately disrupt the operation of anyone’s website, app, server or business.

8.2           You must:

8.2.1      only use the Planet Patrol App for personal purposes;

8.2.2      not rent, lease, sub-license, loan, provide, or otherwise make available, the Planet Patrol App in any form, in whole or in part to any person without prior written consent from us;

8.2.3      not copy the Planet Patrol App, except as part of the normal use of the Planet Patrol App or where it is necessary for the purpose of back-up or operational security;

8.2.4      not translate, merge, adapt, vary, alter or modify, the whole or any part of the Planet Patrol App, nor permit the Planet Patrol App or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the Planet Patrol App on devices as permitted in these terms;

8.2.5      not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Planet Patrol App nor attempt to do any such things, save to the extent a right to do so is expressly provided by applicable law;

8.2.6      comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Planet Patrol App;

8.2.7      not use the Planet Patrol App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; or

8.2.8     not collect or harvest any information or data from our systems or attempt to decipher
any transmissions to or from our servers.

9               Intellectual property rights

9.1          All intellectual property rights in the Planet Patrol App, throughout the world belong to us (or our licensors) and the rights in the Planet Patrol App are licensed (not sold) to you. Subject to clause 9.2, you have no intellectual property rights in, or to, the Planet Patrol App other than the right to use it in accordance with these terms.

9.2          In order to enable us to provide our Planet Patrol App and organise events and programmes, you hereby grant us a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, irrevocable, worldwide licence to use, copy, adapt, publicly display and create derivative works of any statistical pollution data and images that you upload to the Planet Patrol App.

9.3          For Apple users only, if any third party claims that the Planet Patrol App or your possession and use of the Planet Patrol App infringes their intellectual property rights, we (and not Apple) will be responsible for investigating the claim and, where appropriate, for defending, settling and/or discharging it.

10             Updates to the app

10.1       We may update the Planet Patrol App from time to time for reasons that include fixing bugs or enhancing functionality. We might also change or remove functionality but if we do that, we will ensure that the Planet Patrol App still meets the description of it that was provided to you at the time you downloaded the Planet Patrol App.

10.2       Updates will either download automatically or you may need to trigger them yourself, depending on your device and its settings.

10.3       We strongly suggest that you download all updates as soon as they become available. Depending on the nature of the update, the Planet Patrol App may not work properly (or at all), or you may be exposed to security vulnerabilities, if you do not keep the Planet Patrol App
updated to the latest version that we make available.

11             Changes to this agreement

11.1      We may need to revise this agreement from time to time to reflect changes in the Planet Patrol App’s functionality, to deal with a security threat or if there is a change in the law or guidance.

11.2      You will be asked to agree to any material changes in advance by an in-app notification within the Planet Patrol App, usually when you download an update. If you do not accept the changes, you will not be able to use the Planet Patrol App and, Google users can apply to Planet Patrol for a refund (if you paid for the Planet Patrol App).

12             External services and third parties

12.1        The Planet Patrol App may enable you to access services, adverts and websites that we do not own or operate (referred to below as “external services”). We are not responsible for examining or evaluating the content or accuracy of these external services and have not
checked and approved their content or privacy policies. Before using them, make sure you have read and agreed to the terms on which they are being offered to you including the way in which they may use your personal data.

12.2      You must not use external services in any way that:

12.2.1   is inconsistent with these terms or with the terms of the external service; or

12.2.2   infringes our intellectual property rights, or the intellectual property rights of any third party.

12.3       From time to time, we may change or remove the external services that are made
available through the Planet Patrol App.

13             Our responsibility to you

13.1       If we breach this agreement or are negligent, we are liable to you for foreseeable loss or damage that you suffer as a result. By “foreseeable” we mean that, at the time this agreement was made, either it was clear that such loss or damage would occur, or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do).

13.2      We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any type of business loss or damage (including business interruption or business opportunity) as you may not use the Planet Patrol App for any commercial or business purposes. This includes damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

13.3       If the Planet Patrol App damages your device or any software installed on it as a result of our failure to use reasonable care and skill, please let us know at hello@planetpatrol.co. If we can, we will repair the damage. If that is not possible, we may compensate you. We may ask you for information (including photographs) about what has happened so that we can understand the nature of the problem.

13.4       Nothing in these terms excludes or limits our liability for any death or personal injury
caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability hat the law does not allow us to exclude or limit.

For Apple users

13.5      If the Planet Patrol App fails to meet the standards required by law (including that the Planet Patrol App is of satisfactory quality, fit for purpose and as described), please contact Apple who will provide you with a full refund of the price you paid for the Planet Patrol App (if any). Subject to clauses 13.1 to 13.4 , any other claims, losses, liabilities, damages, costs or expenses will be our sole responsibility.

13.6       Apple has no other responsibility or obligation in relation to the Planet Patrol App beyond providing a refund in the circumstances described in clause 13.5.

14             Failures of networks or hardware

14.1      The Planet Patrol App relies on a number of things working properly to enable you to enjoy all of its features. Many of these, such as your internet connection, your device and the Store, are entirely outside of our control. Although we will do everything we reasonably can to resolve issues, we are not responsible to you if you are unable to use all or any part of the Planet Patrol App due to a poor internet connection, faulty components in your device (such as a faulty camera), Store failure or anything else that it would not be reasonable to expect us to control.

14.2      We recommend that you back up any content and data used in connection with the Planet Patrol App, to protect yourself in case of problems with the Planet Patrol App.

15             Limitations to the app

15.1      The Planet Patrol App is a tool for users to log environmental data and provides associated information. It does not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the Planet Patrol App.

15.2      Although we make reasonable efforts to update the information provided by the Planet Patrol App, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

15.3      The Planet Patrol App has not been developed to meet your individual requirements. Please check that the facilities and functions of the Planet Patrol App meet your requirements.

16             Ending this agreement

16.1       We can end this agreement at any time if you do not comply with any part of it. We will give you a reasonable amount of notice before the agreement ends but if what you have done is serious then we may end this agreement immediately and without advance notice to you. “Serious” means that you are causing harm (or attempting to cause harm) to other users, interfering with the operation of the Planet Patrol App or doing anything else that we think presents a big enough risk to justify us ending the agreement quickly.

16.2        The consequences of the agreement ending are as follows:

16.2.1   you are no longer allowed to use the Planet Patrol App and we may remotely limit your access to it;

16.2.2   you must delete it (and all copies) from any devices that it has been installed on and
confirm to us in writing that you have done this;

16.2.3   we may delete or suspend access to any accounts that you hold with us; and

16.2.4    you are not entitled to a refund of any price paid for the app.

17            For Apple users: Prohibited territories and persons

17.1        You represent and warrant that you are not:

17.1.1   located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country;

17.1.2    on any US Government list of prohibited or restricted parties; and/or

17.1.3    on the United Kingdom Sanctions List under regulations under the Sanctions and Anti-Money Laundering Act 2018.

17.2       If any of the situations in clause 17.1 apply to you, you are not permitted to download or
use the Planet Patrol App.

18             Third parties

18.1        For Apple users:

18.1.1    Apple and Apple’s subsidiary companies are third party beneficiaries of this agreement. This means that if you breach any of its terms, Apple has the right to enforce it and to take action against you directly, with or without our involvement.

18.1.2    Other than Apple and Apple’s subsidiaries, no one other than us or you has any right to enforce any term of this agreement.

18.2        For Google users, no one other than us or you has any right to enforce any term of this agreement.

19             Transferring this agreement

19.1       We may transfer our rights under these terms to another business without your consent, but we will notify you of the transfer and make sure that you are not adversely affected as a result.

19.2      You are not allowed to transfer your rights under these terms to anyone without our prior written consent.

20             Governing law and jurisdiction

20.1       The laws of England and Wales apply to these terms, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of the country in which you live.

20.2       Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales, or in the courts of another part of the UK in which you live.

21             Other

21.1      Each of the clauses in this agreement operates separately. If a court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.

21.2        Even if we delay in enforcing these terms, we can still enforce the relevant later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaching these terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.