Terms and Conditions

Welcome to the Plano website and application for smart mobile devices (the “Site” or “Plano” or “Application”) owned and operated by Plano Pte Ltd. Plano is designed to further healthy and safe use of smart mobile devices by children worldwide. Plano provides an online platform/smart device application that allows parents to monitor and manage their children’s mobile smart device usage, through various features and other related products and services provided while operating the Application or visiting and using the Site, including the Plano Shop or any other of Plano’s services.

By accessing, browsing, or otherwise using Plano, including but not limited to information, communications, links, software, subscription services, products (provided by Plano or others) and any and all other services that may be added, linked to, sponsored, or provided from time to time, provided through Plano or by other means, the user agrees to be bound by all the terms and conditions in this agreement. KINDLY READ THESE TERMS AND CONDITIONS CAREFULLY.

As a user, you will be authorizing the use of Plano on behalf of one or more of your children. You consent that you are responsible for their use of the Site and Application and that the terms and conditions herein apply to them, to you and to anyone else you or they will allow the use of a computerized smart device operating the Application.

Plano provides its services subject to the notices, terms, and conditions set forth in this agreement (the “Agreement”). In addition, as the user, you are subject to the rules, guidelines, policies, terms, and conditions applicable to such services, which are incorporated into this Agreement by this and other references below. Plano reserves the right to change its Site and/or the Application and these and/or any other terms and conditions at any time.

In this Agreement, unless specifically stated otherwise the word Site will also refer to the Application.

Plano Services

1.1 Plano operates as user-end service platform established in order to help its users – parents/legal guardians/supervising adults – to manage their children’s smart mobile device use with a range of smart functions that encourage safe and healthy smart mobile device use.

1.2 Plano operates to allow parents/legal guardians/supervising adults to manage the time and the place in which their children use smart mobile devices, as well as the content available to them. Plano also operates to determine the distance between the child’s eye and the device, as well as the angle in which the child uses the device, and encourage using said device at a safe distance, including providing alerts and various reports to the child and/or parent/legal guardian/supervising adult.

1.3 Plano tools allow the user – parent/legal guardian/supervising adult – to take control of and/or make adjustments to his/her children’s smart mobile device use by controlling time, duration, location, intensity, and content of the use.

1.4 Plano also provides feedback related to the child’s use of the smart mobile device and employs a points system that allows the child to earn points for good habits that can be translated to rewards, which can be redeemed through an online shop, under adult consent and supervision, all in order to encourage and motivate children to get into good smart mobile device use habits. Additional information about current Plano Services can be found here https://www.staging4.plano.co/plano-app/

1.5 Plano offers and sells subscription to the Services described above via the Application (“Subscription Services”), and associated and pre-approved products for users and/or their children (“Associated Products & Services”) via the online store (“Plano Shop”), which can be accessed only through the Application. In the Plano Shop, Plano offers, the Associated Products & Services through third parties (“Partners”). The Partners’ Associated Products & Services may be sold through the Application in support of the main purpose of promoting smart mobile device use in children. These Partners may provide additional services, such as approved advertising, products that share the Plano vision of healthy smart mobile device use and living and optometry services for children arranged through an online booking system. Additional information about Plano’s current Partners can be found here “https://www.staging4.plano.co/plano-rewards/

1.6 All users – parents/legal guardians/supervising adults – must register in order to use the Site and Application. Registered users will be offered the Subscription Services free-of-charge for a 30-day period, after which the user is required to pay in accordance with his/her choice of a specified package as defined on the Site and herein below, unless terminated in accordance with the terms and conditions of this Agreement. Any personal information provided by the user in using the Site or the Application, including in the provision of the Subscription Service or through the purchase of Associated Products & Services shall be governed by Plano’s Privacy Policy https://www.staging4.plano.co/privacy-policy/ , which is incorporated herein by reference.

1.7 Any personal information that is provided by the user to Partners shall not be used for any other purpose aside from rendering the Associated Products & Services except with the prior written consent of the user. Plano may suspend or terminate all or part of the above registered user benefits, at any time, in its sole discretion. Plano reserves the right to charge any of its services or any feature or functionality of the services at any time at its sole discretion.

2. Use of Plano

2.1 Subject to the terms and conditions of this Agreement, and where applicable, payment of the applicable fees, Plano hereby grants the user a limited, revocable, non-transferable and non-exclusive permit to access and reasonably use Plano, on a computerized smart device, only for the purpose of parental management of smart mobile device use by children, and in any event, not for any commercial use or use on behalf of any third party (other than the user’s children), except as explicitly permitted by Plano in advance.

2.2 The term user shall include the user himself/herself and/or any of his/her children which may use the Site or the Application from time the time, irrespective if the use is made under Subscription Services, trial period or for purchase of Associated Products & Services.

2.3 Plano will strictly sell the Associated Products & Services through and with the approval of an adult user. If a user is under 18 years of age, he/she may not purchase any products or services through Plano.

2.4 Except as permitted in the paragraph above, the user may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or the Application or any portion thereof, unless expressly permitted by Plano in writing.

2.5 The user may not use the Site or Application in any manner, which is in contravention with any applicable law or regulation or causes or may cause an infringement of any third-party rights.

2.6 The user may not make any commercial use of any of the information provided on the Site or the Application or make any use of the Site or the Application for the benefit of another business unless explicitly permitted by Plano in advance. Plano reserves the right to refuse service, terminate accounts, remove postings, and/or cancel orders in its discretion, including, without limitation, if Plano believes that user conduct violates applicable law or is harmful to Plano’s interests.

2.7 The user must provide accurate and complete registration information regarding himself/herself and the child or children, which will be using the Site or the Application.

2.8 Plano may assign the user with a password and account identification to enable the user to access and use certain portions of this Site and/or the Application. Each time the user uses a password or identification, the user will be deemed to be authorized to access and use the Site or the Application in a manner consistent with the terms and conditions of this Agreement and other associated agreements of Plano or its affiliated partners and service providers, and Plano has no obligation to investigate the authorization or source of any such access or use of the Site or the Application.

2.9 The user will be solely responsible to maintain the confidentiality of his/her account, and for all access to and use of this Site or the Application by anyone using the password and identification originally assigned to the user whether or not such access to and use of this Site or Application is actually authorized by the user, including without limitation, all communications and transmissions and all obligations (including, without limitation, financial obligations) incurred through such access or use. The user is solely responsible for protecting the security and confidentiality of the password and identification assigned to the user. The user shall immediately notify Plano of any unauthorized use of the user password or identification or any other breach or threatened breach of Site’s or the Application’s security.

2.10 The Site and Application are owned by Plano Pte Ltd. registered under Singapore laws with registered address at 397. Any legal written notices shall be served by hand in accordance with this Agreement, at the above address.

3. Plano Pricing and Payments

3.1 For its Subscription Services, Plano offers package pricing, which are monthly subscription based (“Subscription Services Prices”). Additional information about current Subscription Services Prices can be seen here https://www.staging4.plano.co/plano-app/ . In addition, Plano’s Associated Products & Services, offered through its Partners are sold on the Plano Shop where prices are presented to adult users only (“Associated Products & Services Prices”).

3.2 The Subscription Services Prices and the Associated Products & Services Prices are based upon figures calculated in Singapore Dollars (SGD). Due to fluctuating currency values, prices displayed in non-Singapore denominations of currency, other than on the individual product page, may not be the most current. All amounts displayed in foreign currencies are converted from SGD according to the most up-to-date conversion rates, are all subject to the relevant currency exchange rate at the day of the transaction. The rates are determined at the discretion of Plano’s service providers and are outside of Plano’s control.

3.3 Plano relies on third-party services, namely, Stripe, for introducing, displaying, processing and collecting payment. Plano may from time to time change the online platforms it uses at its sole discretion (“Other Stores”). The relevant terms and conditions of Stripe and the Other Stores and/or other current or future platforms Plano uses or will use are incorporated herein by reference and the user agrees to such terms and conditions when he/she uses the Site and/or the Application and/or such stores.

3.4 The price displayed that is provided by Stripe may not include shipping and/or other applicable charges and/or taxes under applicable law, unless expressly stated otherwise. It is the user’s sole responsibility to review, and ensure that they understand and agree to the specific charges they pay and those charges which they may be subject to, including, but not limited to GST, import and excise duties, packaging, storage, handling, and delivery charges.

3.5 Users should note that depending on the relevant store they use; an item price may differ once the product is added to a shopping cart. Adding an item to a shopping cart does not guarantee a certain price. The user should check and ensure before agreeing to payment for the item he/she is purchasing and the final price thereof as Plano will take no responsibility for payments made on Stripe for Associated Products & Services.

3.6 The user agrees and understands that any dispute and/or request for refund and/or complaint will have to be filed with Stripe and will be solely subject to the terms and conditions of Stripe.

3.7 Stripe/Other Stores may accept various payment methods, including major credit cards companies (Visa, MasterCard, American Express and Diners). All charges by Credit Card will be displayed on the user Credit Card charges report as is determined by Stripe/Other Store. The user should refer to the terms and conditions of Stripe/Other Stores for additional information. Plano itself does not directly accept any kind of payment from users.

3.8 Where payment is made with debit/credit card the user acknowledges and agrees that personal data such as name, debit/credit card number may be disclosed to third parties, either in or outside of Singapore. Subject to their respective personal data privacy policies and applicable laws, this data may be used, processed and stored by such third parties to facilitate payments that the user now or subsequently makes for orders placed.

3.9 In any event, Plano does not store or process debit/credit card details on Plano’s Site or Application except as is necessary to facilitate purchases of Subscription Services or Associated Products & Services. Any debit/credit card details the user provides are processed by the relevant Store’s payment gateway provider, Stripe, who holds and processes any credit card details provided. Once a transaction is complete Stripe may hold a reference to the debit/credit card used, which is held against the user’s order transaction details.

3.10 Plano uses advanced security measures available to the international PCI standard, and guarantees to keep the user credit card information as safe as possible.

3.11 Stripe will issue a receipt and/or tax invoice to the user for any purchase, if such issuance is required by the relevant law where the transaction takes place.

4. Delivery

4.1 Since Plano relies on Stripe for transactions with third-party Partners/Stores, the user understands and agrees that any sale of the Subscription Services and/or Associated Products & Services is subject to the terms and conditions of such Partner/Store, including, but not limited to such Partner/Store/Other Store delivery policy, return and refund policies, dispute resolution and laws.

5. Order Acceptance

5.1 After the user has placed an order on the Plano Shop, Stripe will approve the user’s order. Stripe will then inform Plano of such order and Plano will place such order with the respective vendor within 24 hours. Plano will obtain the order’s delivery date from the respective vendor within 48 hours of such order. In the event a delivery date is more than 7 days, Plano will accordingly inform the user through email.

5.2 After an order is processed, the following will take place depending on the nature of the order:

5.2.1 Where the order is a physical product and Plano has an inventory of such order, Plano will deliver the order to the user by way of registered mail/courier. Where Plano does not have an inventory of such order (i.e. a “back to back” order), Plano will provide the respective vendor with the user’s mailing address and the respective vendor will deliver the order to the user by way of registered mail/courier and provide such delivery details to Plano.

5.2.2 Where the order is an e-voucher, the respective vendor will provide the relevant coupon to Plano and Plano will deliver the e-voucher to the user by way of email within x days.

5.3 Once the user receives its order, Plano will update the order fulfillment status in CMS to change the delivery status to “completed”.

5.4 Irrespective of and without derogating from Plano’s/Other Stores order acceptance policies, Plano reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Some situations that may result in the user order being canceled include, but are not limited to, limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by Plano’s credit and fraud avoidance department.

5.5 Plano and/or Stripe and/or Other Stores may also require additional verifications or information before accepting any order. Plano, Stripe and/or Other Store may contact the user if all or any portion of the user order is canceled or if additional information is required to accept the user’s order.

5.6 Subject to the relevant terms and conditions of Stripe/Other Store any purchase through Plano Shop is made pursuant to a shipment contract, which is to say that the risk of loss and title passes on to the user once delivery is complete to the carrier.

6. Cancellation and Return Policy

6.1 A user may cancel an order placed with Plano at any time prior to shipping of the relevant service or product. Orders placed with Plano/Other Stores are subject to the Plano/Other Store cancellation and return policy. If Plano/Other Store does not have a cancellation and/or return policy, the terms and conditions in this section below shall apply.

6.2 The user may submit a request to return a product purchased through the Plano Shop within 30 days of receipt and only if the product is unused and in its original packaging unless otherwise permitted by law.

6.3 Return costs shall apply on the party requesting the return (e.g. the user due to change of heart, or Plano/Other Store in case of defect). Return costs for countries other than Singapore shall always be borne by the user.

6.4 In case the user meets all of the above conditions and he is eligible to return the item purchased through the Plano Shop, the following steps will take place:

6.4.1 The user must file a service request with respect to the relevant order with the ground for the return, purchase details and pictures (if needed).

6.4.2 After receiving the user request to return an item, Plano will send the user a reply in accordance with his inquiry, including the product return authorization number, if approved.

6.4.3 After the inquiry is approved, the user is solely responsible to send the returned item by way of registered post or courier with a package tracking number to Plano, in case the returned item does not arrive, the user undertakes to keep track of the tracking number, and the user understands that he may not raise any claim against Plano/Stripe/Other Store if the returned item will not arrive at its intended destination.

6.4.4 Upon notice of receipt of the returned item by Plano, a refund (inclusive of reimbursement of local returns only where receipt of posting is provided to Stripe) will be issued in the same payment method that was used by the user in the transaction. Stripe guarantees to handle and finalize the user’s refund within up to 10 business days after the notice of returned package.

6.5 In case the user received a defective product – the user understands and agrees that the terms and conditions of Plano with respect to return policies applies and Plano shall bear no responsibility or liability for any loss or damage

7. Intellectual Property

7.1 Plano is based on a sophisticated and advanced technology and method to monitor and improve eye health using a specialized user interface that facilitates good smart mobile device habits (the “Invention”). Plano’s rights in the Invention are patent pending and protected by various Intellectual Property rights.

7.2 The names, trademarks, service marks, button icons, and logos (the “Trade Marks”) displayed on the Site are registered or unregistered Trade Marks of Plano, its affiliates or licensors. Nothing stated herein should be construed as granting, indirectly, by estoppel, or otherwise, any license or right to use the Trade Marks, and the like appearing on the Site and/or the Application, without Plano’s prior written consent.

7.3 All content and materials on the Site, such as graphics, user interfaces, visual interfaces, photographs, Trade Marks, logos, videos, images, sounds, applications, programs, software, computer code and other information (the “Content”), as well as the collection, arrangement, layout, design, and assembly of all content on the Site (the “Compilation”) is provided by and exclusively belongs to Plano and is protected by copyrights and other Intellectual Property rights. Plano strictly reserves all its rights. The user may download or print or otherwise use the Site’s Content and Compilation for personal non-commercial, non-transferable, temporary use only.

7.4 The user may not use the Site’s Content or Compilation in any manner that defames, disparages or discredits Plano or any other person or entity, or in any way that is likely to cause confusion or violation of any applicable laws or regulations.

7.5 The user may not use, reproduce, copy, modify, translate, transmit, upload, post, display, publish, republish, sell, license, publicly perform, distribute or commercially exploit any of the Content and Compilation or otherwise dispose of any of the Content and Compilation in a way not permitted by Plano, without the Plano’s express prior written consent.

7.6 The user may not decompile, disassemble, reverse engineer or otherwise attempt to derive the source code for the Invention and technology that operates the Site or create derivative works based thereon.

7.7 Plano recognizes and respects intellectual property. As such, any usage of brand names, trademarks, logos, company names, manufactures names or other names or pictures, titles or texts within the Site, which are not connected and/or produced by Plano, are the property of the respective copyright or trademark holders. The rights of these third parties are strictly reserved.

7.8 The use of data mining, robots, or similar data gathering and extraction tools on the Site as well as the use of Plano’s Trade Marks in meta-tags is strictly prohibited. The user may view and use the Content and Compilation only for his/her personal use and information and for performing the act the Site and/or the Application was designed for.

7.9 The user undertakes to fully respect Plano’s Intellectual Property rights, including but not limited to its patents, Trade Marks, designs (registered or unregistered) copyrights, goodwill, and any other registered or unregistered right now existing or later developed in any jurisdiction.

8. Disclaimer and Limitation of Liability

8.1 In this section the term “Plano’s Services” includes Services, description of services, Subscription Services, Associated Products & Services, Content and any services, product, information, data, offered on the Site or through the Application.

8.2 Plano assumes no liability for any side-effects of Plano’s Services purchased by the user on the Site or through the Application, and it is responsible only for the transaction conducted specifically through it, the use of the Site and the Application, and the accessibility of the Site and Application to the user.

8.3 The user specifically agrees that Plano shall not be responsible for unauthorized access to or alterations of Plano’s Services or the user’s transmissions, materials, data or transactions made on the Site or the Application.

8.4 Plano’s Services as included on this Site or through the Application are provided to the full extent permissible by applicable law on an “AS-IS” basis. Plano makes no presentations of warranties of any kind, express or implied, including but not limited as to Plano’s Services, as to the use, security, accuracy, reliability, information, content, materials, quality of the products as included on the Plano Shop except as provided here to the full extent permissible by applicable law.

8.5 Plano disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, non-infringement, title, data accuracy, and system integration with respect to any of Plano’s Services purchased through the Site or through the Application. The user expressly agrees that his/her (and his/her children’s) use of Plano’s Services is at his/her sole risk.

8.6 Plano makes no warranties whereby the Site or the Application will meet the user’s requirements and/or expectations, nor that it will always be available.

8.7 While Plano strives to provide accurate services, product and pricing information, pricing or typographical errors may occur. Plano does not warrant that product description or any other content of any of Plano’s Services is accurate, complete, reliable, current or error-free.

8.8 In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information from the Partner/Store/Other Store, Plano shall have the right, at its sole discretion, to refuse or cancel any orders placed for that item. In the event the user receives a product, which is not as described, the sole remedy is to return the product as detailed in section 6 above. In the event that an item is mispriced, Plano may, at its discretion, either contact the user for instructions or cancel the user order and notify the user of such cancellation and the relevant refund, if any to be made.

8.9 The Site may contain links to other websites on the Internet that are owned and operated by third parties. While Plano makes every effort to carefully select appropriate partners, the user acknowledges that Plano is not responsible for the operation of or content located on or through any such website.

8.10 Plano does not warrant that the Content and/or Compilation will be uninterrupted or error-free.

8.11 Plano takes precautions to secure the Site and/or portions thereof, and the Application, however the user agrees that these precautions are not a guarantee against all risks, nor can Plano make any warranty or guarantee that the use of the Site and the Application is fully protected against all risks such as intrusive computer viruses, hacking, phishing, gaming, breach of privacy, misuse of the Site or the Application.

8.12 Subject to applicable law, Plano will not be liable, including under negligence or any other cause of action, for any damages, loss, injury, cost or expense of any kind arising from any error and/or omission and/or interruption and/or defect and/or delay and/or access to, or the use of this Site or Application, including, but not limited to, direct, indirect, incidental, punitive, exemplary, special, or consequential damages. To the maximum extent permitted by applicable law, Plano’s total liability to the user shall not exceed in the aggregate cost of the amount actually paid to Plano for Plano’s Services preceding the act allegedly giving rise to Plano’s liability.

9. Reviews and Comments

9.1 The user agrees that Plano is permitted, but not required, at its sole discretion, to send messages, including feedback questionnaires which will be request a user opinion on the Site/Application/Partner/Store, Subscription Services, Associated Products & Services. In general, the data processing will be automatically through a computerized system, with the exception of text data to be written and added to by the user. The user hereby expressly agrees to receive such messages, feedback and messaging services, whether the user has been removed from the mailing list or not. Plano will make its best efforts not to send any such messages, feedback and messaging services to users that have been removed or requested to be removed from its mailing lists.

9.2 Plano may enable such features allowing users to submit and/or post reviews, comments, videos, suggestions, questions, reviews, ideas, know-how, techniques and other content or information (“Submissions”), so long as such Submissions are not prohibited by any law, including but not limited to defamation, copyright law, trademark law, privacy law, and other relevant laws. Plano reserves the right (but not the obligation) to remove and/or edit any such Submissions. Plano will not regularly review such Submissions nor will such Submissions be moderated.

9.3 Except as otherwise provided elsewhere in this Agreement or on the Site and Application, any Submission posted or provided to Plano is and will be treated as non-confidential and nonproprietary, and by submitting or posting, the user agrees to irrevocably license the entry and all intellectual property rights related thereto (excluding the moral rights such as authorship right, and other rights which cannot be transferred by law) to Plano without charge and Plano shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions.

10. Indemnity

10.1 The user agrees to indemnify and hold Plano (including its associates and/or affiliates) harmless of any claim or demand, including legal fees and costs, made by any third party due to or as a result of the user’s breach of this Agreement, or violation of any law or right of a third party. Plano may use any information available to it regarding the user in order to cease such breaches or any unlawful use of the Site and Application and user hereby irrevocably allows Plano to use such information for such purpose.

11. Dispute Resolution

11.1 Any dispute, controversy or claim arising under, out of or relating to the terms and conditions of our Partners and/or Stores and/or Other Stores shall be governed solely and exclusively in accordance with such terms and conditions.

11.2 Any dispute, controversy or claim arising under, out of or relating to terms and conditions of this Agreement and any subsequent amendments thereto, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be submitted to mediation in accordance with the WIPO Mediation Rules.

11.3 The place of mediation shall be Singapore.

11.4 The language to be used in the mediation shall be English.

11.5 If, and to the extent that, any such dispute, controversy or claim has not been settled pursuant to the mediation within Sixty (60) days of the commencement of the mediation, or if prior to the expiration of said period of Sixty (60) days, either party fails to participate or to continue to participate in the mediation, it shall, upon the filing of a Request for Arbitration by either party, be referred to and finally determined by arbitration in accordance with the WIPO Expedited Arbitration Rules.

11.6 The place of arbitration shall be Singapore.

11.7 The language to be used in the arbitral proceedings shall be English.

11.8 The dispute, controversy or claim shall be decided in accordance with the law of Singapore. Any decision or award of the Arbitral Tribunal shall be final and binding on the parties. The parties agree, to the extent permitted by law, to waive any right of application to appeal to any court or tribunal.

12. Miscellaneous

12.1 Plano reserves, at its sole discretion, the right to change and/or revise and/or modify and/or update the Site and Application and the terms and conditions of this Agreement from time to time. The updated terms and conditions will be effective as of the time of posting, or such later date as may be specified in the updated terms. The user’s continued use of the Site or Application shall be deemed as the user’s agreement and acceptance of the new terms and conditions.

12.2 When the user uses any of Plano’s Services, or communicates from his/her desktop computer, the user consents to electronic communication, including receiving emails, texts, mobile push notices, and the like. The user agrees that all agreements, notices and other communications sent electronically satisfies any legal writing requirement.

12.3 This Agreement, the Application End User License Agreement https://www.staging4.plano.co/license-agreement/ and the Plano Privacy Policy https://www.staging4.plano.co/privacy-policy/ , constitute the entire agreement between the user (including his/her children) and Plano with respect to and governs the use of the Services, superseding any prior written or oral agreements in relation to the same subject matter herein.

12.4 All matters relating to access and use of the Site and Application, including all disputes, shall be governed by and construed in accordance with the laws of Singapore.

12.5 If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced. 12.6 Plano’s failure to enforce any right or failure to act with respect to any breach by a user under this Agreement will not waive that right nor waive Plano’s right to act with respect with subsequent or similar breaches.