Terms of Use

INTRODUCTION

We are Gardenit ("we," "us," or "our"), operates the website gardenit.io (the "Site"), the mobile application Gardenit (the "App"), and any other related products and services that reference or link to these legal terms (the "Legal Terms") (collectively, the "Services").

These Legal Terms constitute a legally binding agreement between you (“you”, “your”) and us concerning your access to and use of the Services. By using our App and Services, you acknowledge and agree that we and our authorized resellers may distribute them, subject to the terms and conditions set forth in these Legal Terms.

We may modify these Legal Terms at our sole discretion. Updates will be reflected in the "Last Updated" date, and you waive any right to specific notice of changes. It is your responsibility to review these Terms periodically. Continued use of the App and Services after updates constitutes acceptance of the revised Terms.

By using our App and Services, you confirm that you are at least 18 years old, meet the minimum legal age in your country, or have obtained verified parental or guardian consent. If we become aware that we have collected data from a minor without proper consent, we will delete it. If you believe this has occurred, please contact us at support@gardenit.io.

BY ACCEPTING THESE LEGAL TERMS, YOU CONFIRM THAT YOU ARE LEGALLY CAPABLE OF ENTERING INTO AND FORMING CONTRACTS UNDER THE LAWS OF YOUR JURISDICTION. BY USING OUR APP OR SERVICES, CLICKING "I AGREE," "ACCEPT," OR SIMILAR BUTTONS, INSTALLING THE APP, OR OTHERWISE INDICATING YOUR CONSENT, YOU AGREE TO THESE LEGAL TERMS AND ANY RELATED TERMS AND CONDITIONS, CREATING A LEGALLY BINDING CONTRACT BETWEEN YOU AND US. PLEASE READ THESE LEGAL TERMS CAREFULLY BEFORE PROCEEDING.

IF YOU DO NOT AGREE TO THESE LEGAL TERMS, YOU ARE PROHIBITED FROM USING THE APP AND SERVICES AND MUST CEASE USE IMMEDIATELY.

1. DESCRIPTION OF SERVICES

1.1. Description

Gardenit is a user-friendly mobile application that leverages artificial intelligence ("AI") technology to assist you in the care and maintenance of vegetables, fruits, and other edible plants. The App provides plant care information and guidance by allowing you to select a relevant question and upload a photo of your plant, which the App then analyzes to deliver personalized and practical advice. The information is intended to offer quick, accessible tips without the need for external research or lengthy reading. The App is suitable for all experience levels and supports home gardening efforts in a variety of settings, including gardens, balconies, and backyards.

Disclaimer:

  • Please note that we make no representations or warranties of any kind as to the accuracy, currency, or completeness of the information and other materials made available through the App and Services. We are not liable for any decisions you may make in reliance on this content. The information provided by the App is for general informational purposes only and is not intended to constitute or replace professional agricultural, horticultural, or scientific advice. Users should consult with a qualified expert for specific concerns or advanced plant care needs.
  • The App may provide advice related to the growth of edible plants; however, users are solely responsible for ensuring that any produce grown is safe for consumption. The App does not test or verify plant safety, and it is the user's responsibility to follow appropriate guidelines for harvesting, storing, and consuming food.
  • The App does not guarantee any specific outcomes or plant health improvements. Plant care results can be influenced by many factors beyond the App's control, including but not limited to climate, soil condition, user implementation, and pest exposure.

1.2. User-Submitted Content Disclaimer

You are solely responsible for any content you submit to the App, including images, photos, text, or other materials ("Input"), as well as the content generated in response ("Output"). You must ensure that both your Input and Output comply with these Legal Terms and do not include any sensitive personal data (e.g., health information, political or religious beliefs, sexual orientation, etc.).

You assume all risks associated with the use of your Input and Output.

We reserve the right (without obligation) to review, limit, or remove Input (or Output, if applicable) that may violate these Legal Terms, and to report such content to authorities if required by law.

1.3. Accuracy of AI-Generated Content

While Gardenit uses artificial intelligence to analyze images and generate plant care advice, the App does not guarantee the accuracy, completeness, or reliability of the information provided. Results may vary, and users rely on the AI-generated content at their own discretion and risk.

2. INTELLECTUAL PROPERTY RIGHTS

2.1. License Grant

Subject to your compliance with these Legal Terms, we grant you a non-exclusive, limited, non-transferable, revocable license to access and use the App for personal, non-commercial purposes. No other rights or licenses are granted, and we reserve all rights not expressly granted in these Legal Terms. Any unauthorized use may result in termination of this license.

2.2. Ownership

We own or license all intellectual property rights in the App and Services, including but not limited to source code, databases, software, website designs, audio, video, text, photographs, and graphics (collectively, the "Content"), as well as all trademarks, service marks, and logos (the "Marks"). These are protected by copyright, trademark, and other intellectual property laws.

2.3. Restrictions

2.3.1. Unless expressly permitted by these Legal Terms and applicable law, you may not:

  • Modify, copy, distribute, sell, sublicense, or otherwise exploit the App or its content for commercial purposes.
  • Reverse-engineer, decompile, or attempt to extract the source code of the App.
  • Use the App in any unlawful or unauthorized manner.

We reserve the right to revoke or terminate this license at any time if you violate these Legal Terms. Upon termination, you must cease all use of the App and delete any copies from your devices.

2.3.2. You agree not to use the App for any unlawful, harmful, or abusive purposes, including but not limited to:

  • Extracting or reverse-engineering content for the development or training of AI models;
  • Use in connection with military, surveillance, or weapons-related applications;
  • Creating or distributing content related to pornography, gambling, or betting;
  • Disseminating false or misleading information ("fake news");
  • Promoting or inciting violence, discrimination, or harm against individuals or groups based on race, religion, gender, sexual orientation, disability, or national origin.

Any use of the App in violation of these restrictions is strictly prohibited and may result in suspension or termination of access, and potential reporting to the relevant authorities.

2.4. Your Submissions

By submitting any questions, comments, suggestions, ideas, feedback, or other materials ("Submissions") to us, you assign all intellectual property rights in such Submissions to us. We shall own and may use, modify, or distribute Submissions for any lawful purpose without acknowledgment, compensation, or restrictions.

You represent that your Submissions do not infringe any third-party intellectual property rights or violate any laws. You are solely responsible for your Submissions and agree to indemnify us against any claims, damages, or liabilities arising from your breach of this section.

3. ACCOUNT REGISTRATION

3.1. Creating an Account

To use the App, you must create an account with accurate, complete, and up-to-date information. You are solely responsible for maintaining the security of your credentials and all activities under your account. Usernames must not impersonate others, infringe trademarks, or contain offensive content. Failure to comply may result in account suspension or termination.

3.2. Apple ID Login

If you register or log in via Apple ID, we may receive limited personal information (e.g., name, email) per Apple's privacy policies. You are responsible for securing your Apple ID. We are not liable for unauthorized access due to your negligence. Your Apple ID use is subject to Apple's terms.

3.3. Account Responsibilities

Each user must have a unique account and may not share login credentials. The App's content may not be accessed in jurisdictions where its use is restricted or illegal. Users accessing the App outside permitted locations do so at their own risk and must comply with local laws.

4. PROHIBITED ACTIVITIES

4.1. Lawful Use

You agree to use the App and Services only for their intended purpose and in compliance with all applicable laws and regulations.

4.2. Restricted Conduct

You may not engage in any of the following activities while using the App and Services:

  • Reverse engineering – Decompiling, decrypting, or attempting to access the source code.
  • Modifications – Altering, adapting, or creating derivative works from the App.
  • Legal violations – Using the App in a manner that breaches laws or regulations.
  • Tampering – Removing or altering proprietary notices or legal disclaimers.
  • Unauthorized commercial use – Using the App for profit in ways not intended by us.
  • Multi-user access – Sharing the App on networks allowing simultaneous use by multiple users.
  • Competitive use – Developing similar or competing products based on the App.
  • Automated abuse – Sending automated queries, spamming, or engaging in unsolicited communications.
  • Intellectual property misuse – Using our trademarks, copyrights, or other protected materials without permission.

4.3. Export Control and Compliance with Laws:

By using the App, you agree to comply with all applicable export control laws and regulations, including but not limited to those of the United States. You confirm that you are not in or from any country under U.S. embargo or other applicable trade restrictions. You are responsible for ensuring your use of the App complies with all laws in your jurisdiction.

5. THIRD-PARTY WEBSITES, CONTENT, PARTNERS

The App and Services may include links to third-party websites and content, which we do not monitor or endorse. We are not responsible for their content, accuracy, policies, or transactions made through them. Use third-party websites and content at your own risk, and review their terms and policies. We are not liable for any harm from your interactions with third-party websites or content.

6. PRIVACY POLICY

We care about data privacy and security. Please review our Cookie Policy and Privacy Policy (together 'Policies'). By using the Services, you agree to be bound by our Policies, which are incorporated into these Legal Terms.

7. PURCHASES, PAYMENT AND SUBSCRIPTIONS

7.1. Payment and Authorization

By using our App, you agree to provide accurate payment information and authorize us to charge your selected payment method for the applicable subscription fees. If full payment cannot be processed, we may charge a reduced amount for a shorter subscription period. Subscriptions automatically renew unless canceled in accordance with the 'Cancellation' clause. You are responsible for keeping your payment information up to date to avoid service interruptions. We reserve the right to adjust subscription pricing and offers at our discretion.

7.2. Billing and Renewal

Your subscription will automatically renew unless canceled. By subscribing, you authorize us to charge your payment method on a recurring basis. The billing cycle is based on your selected plan. Initial payments may be discounted, but subsequent payments could be at higher rates as specified or updated. We may adjust pricing and promotional offers at our discretion. Certain features of the App may also be available for a one-time payment. You acknowledge that subscription fees may change after the initial payment.

7.3. Cancellation

You may cancel at any time, but to avoid being charged for the next billing cycle, cancellation must occur at least 24 hours before the end of the current term. Cancellation can be done via your account settings or by emailing support@gardenit.io. Deleting the app does not cancel subscriptions.

7.4. Bundle Purchases and Refunds

The App may be part of a Bundle, available in two options:

  • One-Time Purchase: Access all included apps for a specified duration. This purchase does not auto-renew.
  • Subscription: The App Bundle will automatically renew at the end of each term unless canceled before renewal.

Refunds for both options can be requested within 14 days of the initial purchase and will apply to the entire bundle, not individual apps.

Bundle availability and pricing are subject to change without notice. By purchasing a bundle, you agree to these terms.

7.5. Refunds

7.5.1. We offer a 14-day money-back guarantee for purchases made directly through our website. If you are unsatisfied, contact customer support at support@gardenit.io within 14 days of the initial purchase for a refund. Partial refunds or subscription extensions may be considered at our discretion.

7.5.2. For purchases made through third parties (e.g., App Store, authorized reseller), refund eligibility may vary. Please contact the respective third party for refund inquiries. We cannot process refunds for third-party purchases. For Apple App Store refunds, refer to their refund process.

7.5.3. If you purchase a one-time digital product, such as a guideline or other downloadable content available through the App, this purchase is final and non-refundable. Due to the digital nature of the content, the App does not offer refunds, returns, or exchanges once the purchase has been completed. This clause does not affect any rights you may have under applicable consumer protection laws.

7.6. Payment Disputes

Any payment dispute, including chargebacks, will result in permanent termination of the subscription, regardless of the dispute outcome. These subscriptions will not be reinstated under any circumstances.

8. TERM AND TERMINATION

8.1. These Legal Terms remain in effect while you use the App and have an active subscription. You may cancel your subscription and/or delete your account anytime through your settings or by contacting our support team.

8.2. We reserve the right to restrict or terminate access to the App at our discretion, without notice or liability, for any reason, including but not limited to violations of these terms or applicable laws. If your account is terminated, you are prohibited from creating a new account.

9. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the content of the App and Services at our discretion without notice. We may also modify or discontinue all or part of the App and Services without notice. We will not be liable for any such changes or discontinuation. We cannot guarantee the uninterrupted availability of the App and Services due to potential hardware, software, or maintenance issues. You agree that we are not liable for any inconvenience caused by service interruptions. We are not obligated to maintain, support, or provide updates for the App and Services.

10. GOVERNING LAW AND DISPUTE RESOLUTION

These Legal Terms shall be governed by and construed in accordance with the laws of England and Wales, excluding its conflict of law principles, except where mandatory local consumer protection laws apply.

If you have any questions, concerns, or complaints, you must first attempt to resolve them through good-faith negotiations for at least 30 business days by sending a written notice to support@gardenit.io.

If no resolution is reached within the negotiation period, the dispute will be resolved by arbitration under the Rules of the London Court of International Arbitration (LCIA), which are incorporated by reference into this clause. The arbitration shall take place in London, United Kingdom, conducted in English, and heard by a single arbitrator. The decision of the arbitrator shall be final and binding.

For U.S. Residents, these Legal Terms shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

If no agreement is reached through negotiation as described above, the dispute shall be resolved exclusively through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator, selected in accordance with AAA rules, in California or another U.S. location designated by us. The arbitrator shall apply California law unless otherwise required. The arbitrator's decision shall be final, binding, and enforceable in any court of competent jurisdiction.

Class Action Waiver: You agree that any disputes will be resolved on an individual basis. You waive any right to participate in class actions, class arbitration, or other representative actions against us or our affiliates. By accepting these Legal Terms, you acknowledge that you may only bring claims in your individual capacity and not as a member of any class, collective, or representative proceeding.

11. DISCLAIMER

The App and Services are provided "as is" and "as available." Your use of the App and Services is at your own risk. We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the content or linked websites or applications. We assume no liability for errors, unauthorized access to secure servers, transmission interruptions, bugs, viruses, or omissions in content. We do not endorse or guarantee third-party products or services advertised through the App and Services. You are responsible for ensuring that your use of the App and Services complies with applicable laws and requirements.

12. LIMITATIONS OF LIABILITY

To the fullest extent permitted by law, we, along with our directors, employees, contractors, and agents, shall not be liable to you or any third party for any damages arising out of or related to your use of App and Services. This includes, but is not limited to, lost profits, revenue, data, or other consequential, incidental, or special damages, even if we have been advised of the possibility of such damages. We expressly disclaim any liability for any direct or indirect damages, including but not limited to physical, emotional, or financial harm resulting from your use of the App or Services. Our total liability to you, under any circumstance, will be limited to the lesser of the amount paid by you to us during your subscription term, but no more than $100.

13. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, officers, agents, partners, and employees, from any loss, damage, liability, claim, demand, or expenses (including attorneys' fees and costs) arising from: (1) your misuse of the App and Services; (2) breach of these Legal Terms or any applicable law or regulation; (3) breach of your representations and warranties in these Legal Terms; (4) violation of third-party rights, including intellectual property rights; (5) harmful acts toward other users connected via the App and Services; (6) your negligence or willful misconduct, etc. We reserve the right to assume exclusive defense of any matter requiring indemnification, and you agree to cooperate at your expense. We will make reasonable efforts to notify you of any such claims.

14. MISCELLANEOUS

14.1. Entire Agreement – These Terms of Use constitute the entire agreement between the User and the App regarding its services and supersede any prior agreements or understandings.

14.2. Severability – If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

14.3. No Waiver – The failure of the App to enforce any right or provision under these Legal Terms shall not be considered a waiver of such right or provision.

14.4. Force Majeure – The App shall not be held liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to natural disasters, government actions, or technical failures.

14.5. Assignment – You may not assign or transfer their rights under these Legal Terms without our prior written consent. We may freely assign or transfer our rights without restriction.

14.6. Language – These Legal Terms, as well as the App, Services, and customer support, are provided only in English. By using the Services, you acknowledge and agree that all communications, policies, and assistance will be available exclusively in English.

14.7. Other – These Legal Terms do not create a joint venture, partnership, employment, or agency relationship between you and us, and operate to the fullest extent allowed by law.

15. CONTACT US

To receive further information regarding these Legal Terms or our Services, please contact us at support@gardenit.io.

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