Welcome to FloraMetric. These Terms of Service ("Terms") strictly govern your access to and use of the FloraMetric website, mobile application, garden planning tools, and related services (collectively, the "Service"). By creating an account, accessing, or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, you must strictly cease all use of the Service immediately.
1. Acceptance of Terms
By registering for or using FloraMetric, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into a binding contract. If you are using the Service on behalf of an organization or entity, you represent that you have the authority to bind that entity to these Terms. Access to the Service is void where prohibited by applicable law.
Your use of the Service is also subject to our Privacy Policy and Cookie Policy, which are incorporated into these Terms by this reference. You acknowledge that you have read and understood our data practices as described in these policies.
2. Description of Service
FloraMetric provides a digital platform enabling users to design garden layouts, access planting calendars, and utilize horticultural data for landscape planning (the "Platform"). The Service includes, but is not limited to:
- Interactive garden layout design tools using drag-and-drop interfaces.
- Planting schedule algorithms based on user-provided geographical and soil data.
- Informational databases regarding plant species, hardiness zones, and companion planting.
- Community features allowing for the sharing of garden designs.
FloraMetric reserves the right to modify, suspend, or discontinue the Service (or any part thereof) at any time with or without notice. You agree that FloraMetric shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
3. User Accounts & Security
3.1 Registration
To access certain features of the Service, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
3.2 Account Security
You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities. You must immediately notify FloraMetric of any unauthorized use of your account.
3.3 Account Ownership
FloraMetric reserves the right to terminate unpaid accounts that have been inactive for a continuous period of 12 months. Paid subscriptions will remain active according to the subscription terms agreed upon at the time of purchase.
4. User Conduct
You agree to use the Service only for lawful purposes and in accordance with these Terms. You shall not:
- Use the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Service.
- Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service.
- Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.
- Reverse engineer, decompile, disassemble, or manipulate the specific algorithms used for the garden planning logic or planting schedules.
- Harass, threaten, or defraud other users or FloraMetric staff.
5. Intellectual Property Rights
5.1 FloraMetric Property
The Service and its entire contents, features, and functionality (including but not limited to all information, software, code, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by FloraMetric, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
5.2 Trademarks
The FloraMetric name, the FloraMetric logo, and all related names, logos, product and service names, designs, and slogans are trademarks of FloraMetric or its affiliates. You must not use such marks without the prior written permission of FloraMetric.
6. User Generated Content
Users may post garden layouts, journal entries, photos, and comments ("User Content"). You retain all rights in and to your User Content. However, by uploading User Content to the Service, you grant FloraMetric a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in connection with providing and promoting the Service.
You represent and warrant that you own or control all rights in and to the User Content and have the right to grant the license granted above to us. You agree that your User Content will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right.
7. Disclaimers
7.1 Informational Purposes Only
The gardening advice, planting schedules, and layout recommendations provided by the Service are for informational purposes only. While we strive for precision, agriculture and horticulture are subject to numerous variable factors including weather, soil composition, pest infestation, and user care.
7.2 Warranty Disclaimer
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. FLORAMETRIC DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FLORAMETRIC DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. WE DO NOT GUARANTEE ANY SPECIFIC CROP YIELD, PLANT HEALTH, OR AESTHETIC RESULT FROM THE USE OF OUR TOOLS.
8. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FLORAMETRIC, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL FLORAMETRIC'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE GREATER OF $100 USD OR THE AMOUNT PAID BY YOU TO FLORAMETRIC FOR THE SERVICE IN THE LAST TWELVE MONTHS.
9. Indemnification
You agree to defend, indemnify, and hold harmless FloraMetric, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service, including, but not limited to, your User Content, any use of the Service's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Service.
10. Termination
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service or contact support to request data deletion. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
11. Governing Law
These Terms shall be governed and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
12. Dispute Resolution
Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach thereof, shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The location of the arbitration shall be Wilmington, Delaware. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
You and FloraMetric agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.
13. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.