Terms of Service

1. Acceptance of Terms

Welcome to PlantPeek ("we," "our," or "us"). These Terms of Service ("Terms") govern your use of the PlantPeek mobile application and related services (collectively, the "Service"). By downloading, installing, accessing, or using our Service, you agree to be bound by these Terms.

If you do not agree to these Terms, you may not use our Service. We may modify these Terms at any time, and your continued use of the Service constitutes acceptance of any changes.

2. Description of Service

PlantPeek is a mobile application that provides plant identification services using artificial intelligence, plant care information, and garden management tools. Our Service includes:

• AI-powered plant identification from photos
• Comprehensive plant database and care guides
• Personal garden collection management
• Plant search and filtering capabilities
• Educational content about plants and gardening
• Cloud synchronization across devices

3. User Accounts

3.1 Account Creation

You may be required to create an account to access certain features of our Service. You agree to provide accurate, current, and complete information and to update such information as necessary.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

3.3 Account Termination

You may delete your account at any time through the app settings. We reserve the right to suspend or terminate accounts that violate these Terms or engage in prohibited activities.

4. Acceptable Use

4.1 Permitted Use

You may use our Service for personal, non-commercial purposes in accordance with these Terms and applicable laws.

4.2 Prohibited Activities

You agree not to:

• Use the Service for any illegal or unauthorized purpose
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the Service or servers
• Use automated tools to access the Service without permission
• Upload or transmit viruses, malware, or other harmful code
• Harass, abuse, or harm other users
• Reverse engineer, decompile, or disassemble the app
• Remove or modify any copyright, trademark, or proprietary notices
• Use the Service to compete with us or create a similar service

5. Plant Identification Accuracy

While we strive for accuracy in our plant identification service, we cannot guarantee that all identifications will be correct. Our AI system provides suggestions based on visual analysis, but factors such as image quality, lighting, and plant condition can affect accuracy.

5.1 No Liability for Misidentification

We are not liable for any consequences resulting from incorrect plant identification, including but not limited to:

• Consumption of plants based on identification
• Plant care decisions
• Allergic reactions or health issues
• Property damage or plant loss

5.2 Professional Consultation

For critical decisions involving plant safety, edibility, toxicity, or medical use, always consult with qualified botanists, horticulturists, or other relevant professionals.

6. User Content

6.1 Your Content

You retain ownership of any photos, notes, or other content you submit through the Service ("User Content"). By submitting User Content, you grant us a non-exclusive, worldwide, royalty-free license to use, store, and process your content to provide the Service.

6.2 Content Standards

Your User Content must not contain illegal, harmful, offensive, or inappropriate material. We reserve the right to remove any content that violates these standards.

6.3 Feedback and Suggestions

Any feedback or suggestions you provide about the Service may be used by us without compensation or attribution to you.

7. Intellectual Property

7.1 Our Rights

The Service and its original content, features, and functionality are owned by us and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

7.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to use the Service for personal purposes, subject to these Terms.

7.3 Third-Party Content

Some content in our Service may be provided by third parties. Such content remains the property of its respective owners and is used under appropriate licenses.

8. Privacy and Data Protection

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to our privacy practices as described in the Privacy Policy.

9. Subscription and Payment Terms

9.1 Premium Features

Certain features of the Service may require a paid subscription. Premium features may include unlimited plant identifications, advanced care guides, and additional tools.

9.2 Billing and Renewal

Subscriptions are billed through your app store account and automatically renew unless cancelled. You can manage your subscription through your app store settings.

9.3 Refunds

Refund policies are governed by the terms of your app store (Apple App Store or Google Play Store). We do not directly process refunds.

10. Disclaimers and Limitation of Liability

10.1 Service Availability

We strive to maintain the Service but cannot guarantee uninterrupted access. The Service may be unavailable due to maintenance, technical issues, or other factors beyond our control.

10.2 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF PROFITS, OR BUSINESS INTERRUPTION.

11. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, losses, or expenses arising from your use of the Service, violation of these Terms, or infringement of any third-party rights.

12. Termination

We may terminate or suspend your access to the Service at any time for any reason, including violation of these Terms. Upon termination, your right to use the Service will cease immediately.

Provisions that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability.

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction where our company is incorporated, without regard to conflict of law principles.

13.2 Dispute Resolution

Any disputes arising from these Terms or your use of the Service shall be resolved through binding arbitration rather than in court, except as otherwise provided by applicable law.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes through the app or via email. Your continued use of the Service after such notification constitutes acceptance of the modified Terms.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remaining Terms will remain in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements and understandings.