These Terms of Use (“Terms”) are an agreement between you and Raxnet LLC (“Raxnet,” “we,” “us”) about your use of the Plant Cove app and website (“Plant Cove”). By downloading or using Plant Cove, you agree to these Terms and to our Privacy Policy, which is part of them. If you use Plant Cove for an organization, you agree on its behalf. We may contact you by email about your account and these Terms.
1Accounts and security
To use Plant Cove, create an account with your email address or by signing in with Apple or Google. Keep your sign-in details safe: you’re responsible for activity under your account. When you sign in with another service, we never see that service’s password. Please report security issues to [email protected].
2Eligibility and age
You must meet the minimum age set by the law where you live and by the App Store or Google Play. If you’re under the age of majority where you live, you need a parent’s or guardian’s permission to use Plant Cove. We rely on the age information the app stores provide and don’t verify ages ourselves.
3Your plants, photos and notes
What you add to Plant Cove, including plant names, photos, notes and journal entries (“Your Content”), belongs to you. You give us a limited license to store, copy, process and display Your Content only as needed to run Plant Cove for you, for example to sync it to your devices. That license ends when you delete Your Content or your account, apart from backup copies that are removed on our normal schedule. You’re responsible for Your Content and confirm you have the right to add it.
4Acceptable use
Plant Cove is for your own personal, non-commercial enjoyment. Please don’t:
- resell, rent, sublicense or redistribute Plant Cove;
- copy, modify, decompile or reverse-engineer it, except where the law expressly allows;
- try to access accounts, systems or data that aren’t yours, or disrupt or overload the service;
- use bots, scrapers or other automated means to access Plant Cove;
- remove trademark or copyright notices; or
- use Plant Cove to break the law.
Unauthorized access to our systems may lead to civil and criminal penalties. You agree to cover losses we suffer because of Your Content or your breach of these Terms.
5Plant care information
Plant Cove’s check-ins, light notes and pet-safety labels are friendly, general guidance, not professional horticultural or veterinary advice. Every plant, home and pet is different, so please use your own judgment. If you think a pet has eaten a plant, contact your veterinarian or an animal poison control center right away.
6Usage information
We may collect non-personal information about how Plant Cove is used, such as feature usage, performance and settings, and use it to run and improve Plant Cove. Personal information is handled as described in our Privacy Policy.
7Your license to use Plant Cove
We grant you a limited, revocable, non-exclusive, non-transferable and non-sublicensable license to install and use Plant Cove on devices you own or control, for personal use, subject to these Terms and to any fees that apply. Third-party software included in Plant Cove is covered by its own license.
8Purchases, subscriptions and refunds
Plant Cove is currently free. If we offer purchases or subscriptions in the future, they’ll be made through the Apple App Store or Google Play and will be subject to their terms. Subscriptions would renew automatically at the then-current price unless you cancel at least 24 hours before the end of the current period, and you could manage or cancel them in your App Store or Google Play account settings. Refunds are handled by Apple or Google under their policies.
9Changes to Plant Cove and these Terms
We may change, pause or discontinue any part of Plant Cove. We may also update these Terms. We’ll post the new version here with a new effective date and, for significant changes, let you know in the app. Continuing to use Plant Cove after a change takes effect means you accept it. If you don’t agree, please stop using Plant Cove and delete your account.
10Availability
We make commercially reasonable efforts to keep Plant Cove available, except during planned maintenance, which we’ll announce when we can.
11Intellectual property
Plant Cove, including its software, design, illustrations and text, is owned by Raxnet or its licensors and is protected by law. Some artwork is licensed from third parties and may not be reused outside Plant Cove. If you send us ideas or feedback, you give us a perpetual, irrevocable, royalty-free license to use them in any way, with no obligation to you.
12Trademarks
Plant Cove™ is a trademark of Raxnet LLC. App Store is a trademark of Apple Inc. Google Play is a trademark of Google LLC.
13Term and termination
These Terms apply from when you first use Plant Cove until you stop using it or your account is closed. If you break these Terms, your right to use Plant Cove ends automatically, and we may suspend or close your account. You can stop using Plant Cove and delete your account at any time. When these Terms end, you must stop using Plant Cove. The sections on intellectual property, disclaimers, limitation of liability, governing law and the entire agreement survive, as do our privacy and security commitments for any data we still hold.
14Disclaimer of warranties
PLANT COVE IS PROVIDED “AS IS” AND “AS AVAILABLE.” To the fullest extent the law allows, Raxnet and its suppliers disclaim all warranties, whether express, implied or statutory, including warranties of merchantability, fitness for a particular purpose and non-infringement, and any warranty that Plant Cove will be uninterrupted, secure or error-free. You use Plant Cove at your own risk, including the risk of data loss, so please keep your own copies of photos that matter to you. Some places don’t allow these exclusions, so some may not apply to you.
15Limitation of liability
To the fullest extent the law allows, Raxnet and its suppliers won’t be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost data or profits, arising from your use of Plant Cove. Our total liability for any claim is limited to the amount you paid for Plant Cove in the 12 months before the claim. Plant Cove isn’t designed for any use where its failure could cause injury or serious harm.
16Export rules and enforceability
You agree to follow U.S. export laws and not to use Plant Cove from a country under U.S. embargo or if you’re on a U.S. restricted-party list. If we don’t enforce part of these Terms, that isn’t a waiver. If any part is found unenforceable, the rest stays in effect.
17Governing law and disputes
These Terms are governed by the laws of the State of Michigan, without regard to conflict-of-law rules and excluding the United Nations Convention on Contracts for the International Sale of Goods. Before filing a claim, please contact us so we can try to resolve it informally.
Disputes within the United States that we can’t resolve together will be settled by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. Disputes involving parties outside the United States will be settled under the Rules of Arbitration of the International Chamber of Commerce. Where arbitration doesn’t apply, the state and federal courts in Washtenaw County, Michigan have exclusive jurisdiction. Either of us may seek injunctive relief, or protect its intellectual property, in any court with jurisdiction. Nothing here limits consumer rights that the law doesn’t allow to be waived.
18Apple App Store terms
If you downloaded Plant Cove from the Apple App Store, these Terms are between you and Raxnet, not Apple, and Raxnet alone is responsible for Plant Cove and its content. Apple has no obligation to provide maintenance or support. If Plant Cove fails to meet an applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any; Apple has no other warranty obligation. Raxnet, not Apple, is responsible for any claims relating to Plant Cove, including product liability, legal compliance and intellectual property claims. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. Your use of Plant Cove must also follow the App Store’s Usage Rules.
19Entire agreement and assignment
These Terms and the Privacy Policy are the entire agreement between you and Raxnet about Plant Cove, and they replace any earlier understandings. A waiver only counts if it’s in writing and signed by Raxnet. You may not assign or transfer these Terms without our written consent; we may assign them freely. Any other attempt to assign them is void.
20Contact us
Raxnet LLC
206 E Huron St
Ann Arbor, MI 48104
[email protected]