Legal Document

Terms of Service

Please read these terms carefully before using Cultivara.

Effective: January 23, 2026
Last Updated: January 23, 2026

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1. Acceptance2. Service3. Accounts4. Acceptable Use5. Content6. IP7. Privacy8. Third Parties9. Disclaimers10. Liability14. Contact

1. Acceptance of Terms

Welcome to Cultivara! These Terms of Service ("Terms") govern your use of the Cultivara web and mobile application ("App," "Service," "we," "our," or "us"). By accessing or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the App.

By creating an account or using any part of this Service, you indicate that you have read, understood, and agree to be bound by these Terms.

2. Description of Service

Cultivara is a garden management application that allows users to:

  • Create and manage digital garden maps and layouts
  • Track plants, their locations, and growth progress
  • Store plant information, care notes, and photos
  • Monitor garden activities and seasonal growth cycles
  • Sync data securely across multiple devices

3. User Accounts

3.1 Account Creation

  • You may need to create an account to access certain features
  • You must provide accurate and complete registration information
  • You are responsible for maintaining the security of your account
  • You must be at least 13 years old to create an account

3.2 Account Security

  • You are responsible for all activities that occur under your account
  • Do not share your password or account credentials with others
  • Notify us immediately of any unauthorized use at support@cultivara.app
  • We are not liable for losses due to stolen or compromised credentials

3.3 Account Termination

  • You may delete your account at any time from your account settings
  • We may suspend or terminate accounts that violate these Terms
  • Upon termination, your data will be deleted in accordance with our Privacy Policy

4. Acceptable Use

You Agree To

  • Use the App for lawful purposes only
  • Provide accurate and truthful information
  • Respect the intellectual property rights of others
  • Comply with all applicable local and national laws

You Agree NOT To

  • Use the App for any illegal purposes
  • Attempt unauthorized access to our systems
  • Upload malware, viruses, or malicious code
  • Harass, abuse, or harm other users
  • Impersonate others or misrepresent identity
  • Reverse engineer or decompile the App
  • Transmit spam or unsolicited communications
  • Scrape or copy content via automated means
  • Overload, damage, or impair our servers

5. User Content

5.1 Ownership

  • You retain full ownership of all content you create (gardens, plants, photos, notes)
  • You grant us a limited license solely to store, process, and display your content to provide the Service
  • You are responsible for ensuring you have rights to use all content you upload
  • We do not claim ownership of your personal content

5.2 Content Restrictions

Do not upload content that is:

  • Illegal, harmful, offensive, or violent in nature
  • Infringing on the intellectual property rights of others
  • Containing personal information of others without their consent
  • Misleading, fraudulent, or materially deceptive

5.3 Content Removal

  • We reserve the right to remove content that violates these Terms
  • We are not responsible for user-generated content
  • We do not proactively screen content but may review it when issues are reported

6. Intellectual Property

6.1 Our Property

  • The App, including its design, features, text, graphics, and code, is owned by us or our licensors
  • Our trademarks, logos, and brand features are protected intellectual property
  • You may not use our intellectual property without prior written permission

6.2 License to Use

  • We grant you a limited, non-exclusive, non-transferable, revocable license to use the App
  • This license is subject to your ongoing compliance with these Terms
  • You may not sublicense, resell, or transfer this license to any third party

7. Data and Privacy

  • Your use of the App is also governed by our Privacy Policy, which is incorporated into these Terms by reference
  • We collect and use data as described in the Privacy Policy
  • By using the App, you consent to data collection and processing as described therein
  • We implement reasonable security measures but cannot guarantee absolute data security

8. Third-Party Services

The App integrates with third-party services that are governed by their own terms and privacy policies. We are not responsible for the practices of these services.

  • Google Maps API — Used for garden location mapping. Subject to Google's Terms of Service
  • We are not responsible for the content, accuracy, or privacy practices of any linked third-party sites or services
  • Accessing third-party services through the App is entirely at your own risk

9. Disclaimers of Warranties

Important Notice

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

  • We do not warrant that the Service will be uninterrupted, error-free, or fully secure
  • Plant care information provided is for general guidance only and should not replace professional horticultural or agricultural advice
  • We are not responsible for inaccuracies in plant data or third-party content displayed in the App
  • Some jurisdictions do not allow the exclusion of implied warranties; in those cases these exclusions may not apply to you

10. Limitation of Liability

Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CULTIVARA AND ITS OWNERS, OPERATORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

  • This includes loss of profits, loss of data, loss of goodwill, service interruption, or computer failure
  • Our total liability for any claim arising from your use of the Service shall not exceed the amount you paid us in the 12 months prior to the claim (or $10 USD if no payments were made)
  • Some jurisdictions do not allow certain limitations of liability; those exclusions may not apply to you

11. Indemnification

You agree to defend, indemnify, and hold harmless Cultivara and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses — including reasonable attorneys' fees — arising out of or in any way connected with your use of the Service, your violation of these Terms, or your infringement of any intellectual property or other rights of any third party.

12. Governing Law and Disputes

  • These Terms shall be governed by and construed in accordance with applicable law, without regard to conflict of law principles
  • Any disputes arising from these Terms shall first be resolved through good-faith negotiation between the parties
  • If a dispute cannot be resolved informally, it may be submitted to binding arbitration or a court of competent jurisdiction
  • If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect

13. Changes to Terms

  • We reserve the right to modify these Terms at any time
  • We will notify you of material changes by updating the "Last Updated" date at the top of this page or via in-app notification
  • Your continued use of the Service following any changes constitutes your acceptance of the revised Terms
  • If you do not agree with the revised Terms, you should stop using the Service and delete your account

14. Contact Information

If you have questions about these Terms of Service, please reach out to us:

legal@cultivara.app