Welcome to PlantEyes.com. These Terms of Use (“Terms”) constitute a legally binding agreement between you (“User” or “you”) and PlantEyes.com (“PlantEyes,” “we,” “us,” or “our”) governing your access to and use of the PlantEyes.com website and any associated services, features, content, or applications (collectively, the “Service”).
1. Acceptance of Terms
By accessing, browsing, or otherwise using any part of the PlantEyes.com Service, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree with any part of these Terms, you are expressly prohibited from using the Service and must discontinue use immediately.
2. Description of Services and Limitations
PlantEyes.com provides AI-powered plant identification, plant care advice, and may offer AI-driven diagnostic recommendations for plant health, general informational content, and community features.
Crucial Disclaimers Regarding AI-Generated Information:
- Informational Purposes Only: AI identification and diagnostic results provided by the Service are for informational purposes only. We do not guarantee 100% accuracy of identification or diagnostic results.
- No Professional Advice: The Service does not provide medical, veterinary, or agricultural professional advice. You should never disregard professional advice or delay seeking it because of information obtained from the Service. AI tools are generally prohibited from providing such guidance without qualified human review.
- User Responsibility: You acknowledge that you are solely responsible for any actions you take based on information provided by the Service. You must never rely on the Service to determine whether any plant, flower, tree, or other substance is safe to eat or otherwise consume. Always verify information with other reliable sources and consult professional experts where appropriate, especially concerning potentially toxic plants.
- Limitations of AI Models: The accuracy of AI models may vary based on factors such as image quality, plant condition, and the rarity of certain plant varieties. Some similar-looking plants may be misidentified, and rare or unusual plant varieties may not be recognized.
- Experimental Nature: The Service, particularly its AI functionalities, may be experimental in nature, and we make no guarantee as to its efficacy, accuracy, or long-term provision. Use of the Service is at your own risk.
3. User Accounts and Registration
Certain features of the Service may require you to create an account. If you create an account, you agree to:
- Provide accurate, current, and complete registration information.
- Promptly update your registration information as necessary to keep it accurate, current, and complete.
- Maintain the confidentiality of your account password and be responsible for all activities that occur under your account.
- Notify PlantEyes immediately of any unauthorized use or suspected breach of security of your account.
PlantEyes reserves the right to remove, reclaim, or change any username that we determine, in our sole discretion, is inappropriate, obscene, or otherwise objectionable.
4. User Responsibilities and Prohibited Activities
You agree to use the Service only for lawful purposes and in accordance with these Terms. You are prohibited from:
- Systematically retrieving data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Uploading or transmitting viruses, Trojan horses, or other malicious material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Service or modifies, impairs, disrupts, alters, or interferes with the operation of the Service.
- Interfering with, disrupting, or creating an undue burden on the Service or the networks or services connected to the Service.
- Harassing, annoying, intimidating, or threatening any of our employees or agents engaged in providing any portion of the Service to you.
- Attempting to bypass any measures of the Service designed to prevent or restrict access to the Service, or any portion of the Service.
- Copying or adapting the Service’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Using automated systems, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Service, or using or launching any unauthorized script or other software, except as may be the result of standard search engine or Internet browser usage.
- Making any unauthorized use of the Service, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Using the Service for any harmful or illegal purposes.
- Attempting to reverse engineer, extract, or replicate the underlying AI technology, data, or models of the Service.
- Disrespecting the intellectual property rights of others.
- Posting or transmitting content that is defamatory, obscene, hateful, harassing, violent, discriminatory, fraudulent, or that promotes illegal activities.
- Sharing personal details of others without consent or engaging in unauthorized tracking or monitoring of individuals.
- Using AI to generate content that violates any policies or attempting to bypass the platform’s safety features.
- Engaging in or promoting academic dishonesty or plagiarism.
- Providing tailored legal, medical/health, or financial advice without review by a qualified professional and disclosure of the use of AI assistance and its potential limitations.
- For community features (if applicable), engaging in self-promotion, selling, swapping, or trading within forums unless explicitly permitted.
- Posting or transmitting content related to sensitive topics such as politics, religion, or specific controlled substances (e.g., marijuana).
5. Intellectual Property Rights (IP)
5.1. PlantEyes.com Content Ownership
All content on PlantEyes.com, including but not limited to text, graphics, logos, images, audio clips, video clips, software, and the compilation thereof, as well as the design, layout, look, appearance, and graphics of the website, is owned by or licensed to PlantEyes.com and is protected by copyright, trademark, and other intellectual property laws.
You are explicitly prohibited from reproducing, duplicating, copying, selling, renting, sub-licensing, or otherwise making unauthorized use of any material owned by or licensed to PlantEyes.com without our express written permission.
5.2. License to Use
PlantEyes grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service and its content solely for your personal, non-commercial purposes, in accordance with these Terms.
5.3. User-Generated Content (UGC)
If the Service allows you to submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Service, such as photographs for plant identification (“User Content”), the following terms apply:
- You retain ownership of any intellectual property rights that you hold in your User Content.
- By submitting User Content, you grant PlantEyes a worldwide, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in connection with the operation, improvement, and promotion of the Service. This includes the right to use your User Content for the training and enhancement of our AI models.
- You represent and warrant that you own or have the necessary rights, licenses, and permissions to provide your User Content to the Service and to grant the licenses set forth herein.
- PlantEyes reserves the right to monitor, review, remove, or refuse to display any User Content that violates these Terms or applicable laws, in our sole discretion.
- Digital Millennium Copyright Act (DMCA): We respect the intellectual property rights of others. If you believe that any User Content on the Service infringes upon your copyright, please notify us in accordance with our DMCA policy (to be provided separately or within these Terms).
6. Disclaimers of Warranties
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PLANTYES.COM AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, TIMELINESS, COMPLETENESS, OR SUITABILITY OF THE INFORMATION AND MATERIALS FOUND OR OFFERED ON THE SERVICE.
PLANTEYES.COM DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND ANY INFORMATION OR MATERIALS OBTAINED THROUGH IT IS ENTIRELY AT YOUR OWN RISK.
7. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PLANTEYES.COM, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF PLANTEYES.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN CONNECTION WITH:
- THE USE OR INABILITY TO USE THE SERVICE;
- ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY, OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICE;
- ERRORS, OMISSIONS, SERVICE DISRUPTIONS, OR ANY RELIANCE PLACED ON THE INFORMATION PROVIDED BY THE SERVICE, PARTICULARLY AI-GENERATED CONTENT;
- ANY ACTIONS TAKEN BASED ON INFORMATION OR RECOMMENDATIONS FROM THE SERVICE.
IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF PLANTEYES.COM AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE DATE OF THE CLAIM, OR A NOMINAL FIXED AMOUNT OF FIFTY U.S. DOLLARS ($50.00 USD), WHICHEVER IS LESS.
8. Privacy Policy (Reference and Integration)
Your privacy is very important to us. These Terms of Use incorporate by reference our separate Privacy Policy, which explains how PlantEyes.com collects, uses, stores, shares, and protects your personal information, as well as outlining the rights you have regarding your data.
By using the Service, you consent to the collection and use of your information as described in our Privacy Policy. Please review our Privacy Policy carefully, as it governs our data practices.
9. Third-Party Links and Services
The Service may contain links to external websites or integrate services provided by third parties (e.g., advertising networks, payment processors, analytics providers). These links are provided solely for your convenience and do not imply an endorsement or recommendation by PlantEyes.com of the linked content or services.
PlantEyes.com disclaims all responsibility for the content, privacy practices, or terms and conditions of any third-party websites or services. You access and use these external resources at your own risk.
You acknowledge that these third parties may employ various tracking technologies, such as cookies, web beacons, or pixels, to collect information about your browsing preferences and interactions.
10. Payment, Subscriptions, and Refund Policies (If Applicable)
If PlantEyes.com offers paid services, premium features, or subscription plans (e.g., monthly, annual, or trial periods), the following terms apply:
- Payment Methods: We will specify accepted payment methods.
- Pricing: Pricing structures for all paid services and subscriptions will be clearly displayed.
- Subscription Terms: Details regarding auto-renewal, billing cycles, and cancellation procedures will be explicitly outlined. To avoid charges, subscriptions must typically be canceled at least 24 hours before the end of the current period.
- Refund Policy: Our refund policy, including any limitations, conditions, or the process for requesting a refund, will be clearly stated. For applications distributed through app stores (e.g., Apple App Store), you consent to the sharing of your consumption data with the respective app store for the purpose of resolving refund requests.
11. Modifications to the Terms
PlantEyes.com reserves the right to modify or replace these Terms at any time, in our sole discretion. We will notify you of any changes by posting the updated Terms on this page, through an email notification, a prominent banner on the website, or an in-app message.
Your continued use of the Service after any modifications have been posted or notified constitutes your acceptance of the revised Terms. If you do not agree to the new Terms, you must stop using the Service.
12. Termination of Access
PlantEyes.com may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Reasons for termination may include, but are not limited to, violation of these Terms, engagement in abusive behavior, or participation in illegal activities on the platform.
Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
13. Governing Law and Dispute Resolution
13.1. Governing Law
These Terms shall be governed and construed in accordance with the laws of, without regard to its conflict of law provisions.
13.2. Dispute Resolution
Any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be resolved through good faith negotiations between the parties. If a resolution cannot be reached through negotiation, the parties agree to pursue alternative dispute resolution methods, such as mediation or binding arbitration, prior to litigation.
You agree that any legal action or proceeding between PlantEyes.com and you for any purpose concerning these Terms or the parties’ obligations hereunder shall be brought exclusively in the federal or state courts located in.
While a governing law clause provides a foundational legal framework, local consumer protection laws in your jurisdiction may apply and, in certain circumstances, override our chosen governing law.