Terms of Use

I. Introduction

These Terms of Use and End User License Agreement (the “Agreement”) govern your access to the Plantsy iOS application and the Plantsy website (together, the “Service”). This Agreement is between you and CALORIE COUNTER APP LIMITED (“we”, “us”, or “our”).

“Content” means photos, messages, recordings submitted for transcription, notes, and other information you provide. “Results” means identifications, health assessments, care suggestions, and assistant responses generated or displayed by the Service. “Paid Features” means features accessed through a subscription or an in-app purchase. The specific offer presented before purchase determines the price, billing period, and included access.

By using the Service, you agree to this Agreement. If you do not agree, discontinue use of the Service. Our Privacy Policy explains how we handle information associated with the Service.

II. Changes to This Agreement

We may update these terms as the Service develops or to reflect changes in applicable requirements. We will post the updated terms here and revise the date above. Material changes will be communicated where required, with any notice period or opportunity to cancel required by law. Changes apply from their stated effective date and do not remove rights that have already arisen. Continued use after that date is subject to the updated terms, subject to any separate acceptance required by law.

We may revise the Agreement to address new features, security risks, changes in third-party services, or legal requirements. Review the date above when returning to these terms. If you disagree with a future change, you may stop using the Service and cancel renewal through Apple. This does not affect any remedy or right to end a paid arrangement that applicable law gives you.

III. Who Can Use the Service

You must be at least 13 years old, or the minimum age required in your country, to use the Service. If you are not legally able to enter into this Agreement yourself, you must have a parent or guardian’s permission and supervision. You must provide accurate information when creating an account and keep your sign-in credentials secure. Contact us if you believe your account has been accessed without authorization. Guest content belongs to the guest account; signing out or losing access to it can affect your ability to recover saved content.

You may use the Service only if doing so is lawful where you are located and you are not prohibited from receiving it. If a parent or guardian authorizes use by a minor, they must review this Agreement and oversee that use as required by law. A device or Apple Account purchase approval does not remove these eligibility requirements.

IV. General Terms

Plantsy provides photo-based plant identification, botanical information, plant health insights, AI assistant conversations, garden collections, care tasks, reminders, and weather information. Available features may depend on your app version, subscription, credit balance, device permissions, and connection.

The Service is intended for personal plant identification and care, not commercial resale, professional certification, or safety-critical decision-making. You must use it within the features and limits made available to you. Access to a feature does not give you permission to redistribute the software, sell access to the Service, or use our infrastructure to provide a competing hosted service.

You are responsible for your use of the Service, the content you submit, and any care decisions you make. You must have the right to upload photos and other content. Do not submit sensitive personal information that is unnecessary for plant identification or care.

You retain ownership of the photos, messages, notes, and other content you submit. You give us a limited permission to host, copy, transmit, and process that content, including through the service providers described in our Privacy Policy, only as necessary to deliver, maintain, and secure the features you request. This permission does not transfer ownership of your content to us and continues only while needed for those purposes or applicable retention obligations. You are responsible for obtaining permission from anyone whose personal information appears in content you upload.

Keep a separate copy of Content that is important to you. Synchronization and stored history help you use Plantsy but are not a substitute for a personal archive. We do not promise that deleted Content can be recovered. This does not excuse a failure by us to meet legal obligations concerning digital content, security, or reasonable care.

V. Privacy

Your use of the Service involves processing information as described in our Privacy Policy. Photos and information you submit for AI analysis are processed through cloud services. Your garden, conversations, and other account content may be stored on our servers to provide the requested features. Accepting these terms does not by itself grant permission for optional analytics, Google Ads measurement, or ATT tracking. Those choices are managed separately as described in the Privacy Policy.

VI. End User License Agreement

6.1 Scope of the license

Subject to these terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license, revocable in accordance with Section XV, to use Plantsy for your personal, non-commercial purposes on an Apple device you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, including access by other accounts through Family Sharing or volume purchasing where those rules allow it. This license does not promise that every subscription or consumable purchase is eligible for sharing.

6.2 Intellectual property

The Service, its software, branding, and original materials remain the property of their respective owners. Rights in your submitted content are described in Section IV. Third-party and open-source materials remain subject to their applicable licenses.

Except for your Content and rights expressly granted here, we and our licensors reserve our rights in the app’s code, interface, layout, illustrations, written materials, databases, logos, and trademarks. You may not reproduce, distribute, adapt, license, or commercially exploit those materials without authorization, unless applicable law or the relevant license permits it. Do not remove ownership notices or present yourself as endorsed by Plantsy. Merely receiving a Result does not grant ownership of the app, our databases, or another party’s protected materials.

6.3 Apple platform responsibilities

This Agreement is between you and us, not Apple. We are responsible for the app, its content, maintenance, support, and applicable warranties. Apple has no maintenance or support duty for Plantsy. If the app fails to meet an applicable warranty, notify Apple for a refund of the app’s purchase price. To the extent the law allows, any remaining warranty-related responsibility rests with us. Apple and its subsidiaries are third-party beneficiaries and may enforce this Agreement after you accept it.

We, rather than Apple, handle claims relating to Plantsy, including product liability, regulatory compliance, privacy, and consumer protection. We are also responsible for addressing third-party claims that Plantsy infringes intellectual property rights, including their investigation, defense, settlement, and resolution. Your statutory rights remain unaffected.

VII. Prohibited Behaviour

You must not use the Service to harm others, infringe rights, evade payment, or compromise our systems. In particular, you must not:

• Submit unlawful, abusive, threatening, defamatory, exploitative, or privacy-infringing Content, or impersonate another person.
• Upload Content without the rights or permissions needed to use it, including another person’s private documents or images.
• Introduce malware, disrupt service availability, overload infrastructure, or attempt to access another user’s account, Content, or credentials.
• Bypass authentication, purchase validation, credit accounting, rate limits, account restrictions, or other access controls.
• Use bots, scraping, repeated artificial requests, or unauthorized interfaces to extract our datasets or exploit the Service.
• Manipulate purchases, promotional eligibility, or account identities to obtain access or credits you are not entitled to.
• Rent, sublicense, resell, or distribute the app or access to it without permission.
• Alter the software, derive its source code, or defeat its technical protections, except where applicable law or an open-source license permits that activity.

We may investigate suspected misuse and restrict the affected activity under Section XV. Where legally required or reasonably necessary to protect people, accounts, or systems, we may preserve relevant records or report unlawful conduct to the appropriate authority, in accordance with our Privacy Policy and applicable law.

VIII. Availability, Security, and Accuracy

8.1 AI results and plant safety

AI identification and advice can be inaccurate or incomplete. Suggested matches are not guaranteed identifications. Plant health reports describe possible issues and do not replace an assessment by a qualified botanist, horticulturist, or other professional.

Never rely on Plantsy to determine whether a plant, mushroom, or other substance is safe to eat, handle, or give to a person or animal. Toxicity and edibility information may be incorrect. If exposure or poisoning is suspected, contact the appropriate emergency or poison-control service.

Image quality, incomplete context, seasonal changes, and visually similar species can affect Results. A confidence score or detailed explanation is not proof of accuracy. Check important Results with reliable sources or a qualified professional. You decide whether a recommendation is appropriate for your plant, environment, and circumstances; the app cannot inspect conditions beyond the information provided.

8.2 Reminders, weather, and compatibility

Care suggestions depend on the information available and cannot guarantee a plant’s health or survival. Weather forecasts and reminders may be delayed, incomplete, or unavailable. The Service is not an emergency alert system. Network access, system settings, Focus modes, and notification permissions can affect delivery.

We aim to maintain the Service but do not guarantee uninterrupted availability. Features may be changed or suspended for maintenance, security, technical, or legal reasons. Where a material change affects paid access, any required notice, cancellation option, refund, or other statutory remedy remains available. You are responsible for your internet connection and any charges from your network provider. Keep your device and app reasonably up to date to receive compatible features and security improvements.

We do not promise compatibility with every device, operating-system version, network, or third-party service. We may require supported software versions for technical or security reasons. A disruption outside our reasonable control may affect delivery, but we remain responsible for the obligations and remedies that applicable law requires of us.

IX. Subscriptions and Charges

9.1 Offers and payment

Plantsy may offer free access, auto-renewing subscriptions, free trials, and consumable credit purchases. The purchase screen shows the price, billing period, included features or credits, and any trial terms before you confirm a purchase. Prices may vary by region.

By confirming a purchase through Apple, you authorize the charge shown in that purchase flow. Check the currency, billing interval, trial eligibility, and renewal price before confirming. Premium access is limited to the plan and entitlement purchased; a subscription does not promise unlimited AI requests unless the offer expressly says so.

9.2 Renewal, cancellation, and restoration

• Payments are charged to your Apple Account after you confirm a purchase.
• Subscriptions renew automatically unless cancelled before the renewal deadline displayed by Apple. If offered, a trial converts to paid access under the terms shown before purchase unless canceled in time. Apple advises canceling a trial at least 24 hours before it ends; check the exact dates and renewal price in your Apple subscription settings.
• Manage or cancel subscriptions in iPhone Settings → your name → Subscriptions → Plantsy, or open Apple’s subscription settings. Cancellation stops future renewal; Apple displays the remaining access period or expiration date.
• Deleting the app, clearing saved data, or deleting your Plantsy account does not cancel an Apple subscription. Canceling a subscription does not automatically refund an earlier charge.
• Restore eligible purchases using the same Apple Account. Consumable purchases may not be restorable through Apple’s restore process.
• AI features may consume credits. Optional credit top-ups are separate purchases and do not by themselves create a subscription. The app displays the applicable credit usage and purchase terms.
• Apple manages payment processing and refund requests. Submit requests at reportaproblem.apple.com, subject to Apple’s policies and your statutory rights.

9.3 Credits, offer changes, and refunds

Credits represent access to eligible in-app processing; they are not money, a bank balance, or a transferable financial asset. Credit requirements, allowances, and any applicable validity rules are shown in the app. Do not assume unused subscription allowances carry forward or that consumable purchases can be transferred between accounts unless that option is expressly offered. These terms do not introduce an undisclosed expiration date or remove any entitlement you purchased.

Subscription prices and plans may change. Any price change for an existing subscription is subject to Apple’s notification and consent processes and applicable law. A free trial or promotional offer is available only when offered to you and subject to the eligibility and terms shown at purchase. See Support for cancellation, restoration, and refund instructions.

X. Third-Party Services and Resources

The Service may use or link to services provided by Apple, Google, weather providers, or other third parties. You must comply with relevant third-party terms when using the Service, including Apple’s purchase and usage rules and your network provider’s terms. Their terms and privacy practices apply to their own services. We are not responsible for the content or availability of external websites.

A link to an external resource does not mean we endorse it or warrant its content. If you leave Plantsy to use another website or service, review its terms before submitting information or making a purchase. Questions about an external service should be directed to its operator. Our use of a provider to deliver Plantsy does not remove our own responsibilities to you.

XI. Disclaimer of Warranties

The Service is supplied on an “as available” basis with the limitations described in Section VIII. We do not promise flawless AI output, continuous access, a particular plant-care outcome, or suitability for a purpose beyond the description of the features you purchase. No prediction, confidence score, or general informational statement should be read as a guarantee of identification, safety, or plant survival.

Any exclusion of an implied warranty applies only where that warranty may lawfully be excluded. In particular, these terms do not remove a consumer’s rights to digital content that matches its description and meets applicable quality requirements, or to services performed with reasonable care and skill. If the Service fails to meet an applicable contractual or legal standard, contact us; available remedies are determined by the circumstances and applicable law.

XII. Limitation of Liability

Our responsibility for loss is assessed under applicable law. If our breach of this Agreement or failure to exercise reasonable care causes a loss that was reasonably foreseeable, these terms do not exclude a consumer’s right to a remedy. A loss is foreseeable where it is an obvious consequence of the breach or was within the reasonable contemplation of both parties when the agreement was made.

We do not accept responsibility for losses that are not reasonably foreseeable, or for losses caused solely by unauthorized use, unlawful Content, deliberate circumvention of safeguards, or failure to follow the plant-safety limitations in Section VIII, where those losses are not attributable to our breach or negligence. Because Plantsy is provided for personal use, it is not intended to support commercial operations; to the extent permitted by applicable law, we do not accept liability for business-related lost profit, lost business, business interruption, or lost commercial opportunities.

Nothing in this Agreement excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited. Nor does it remove mandatory consumer remedies, including remedies for defective digital content or damage to devices or other digital content where the law makes us responsible.

XIII. Legal Compliance

You must comply with applicable laws and relevant Apple terms when using the Service, including applicable export-control and sanctions restrictions. You confirm that you are not in a territory subject to a United States government embargo or designated by that government as supporting terrorism, and that you are not included on a United States government list of prohibited or restricted parties.

XIV. Governing Law and Claims

This Agreement is governed by the laws of England and Wales, subject to any mandatory protections that apply in your place of residence. Courts of England and Wales have jurisdiction, without limiting any right you have as a consumer to bring a claim in the courts of your country of residence.

If a dispute arises, email us with the relevant account or purchase information, a description of the problem, and the resolution you are seeking. Do not include passwords or full payment details. We will review the issue and seek a practical resolution. You may also write to the company address below. Contacting support is not a mandatory arbitration process and does not prevent you from seeking urgent relief, approaching a regulator, or exercising statutory rights. These terms do not require you to waive a legal claim or wait a fixed period before bringing one.

XV. Termination

You may stop using the Service at any time and use the available account controls to request deletion. We may restrict or terminate access if you materially breach this Agreement, misuse the Service, or if required for security or legal reasons. Where reasonably practicable and permitted, we will explain a restriction and give you an opportunity to address the issue; urgent action may be needed for security, unlawful use, or legal obligations. Contact support if you believe a restriction is mistaken. Any legally required remedies for paid access remain available. Termination does not automatically cancel an Apple subscription; manage it through Apple. Account deletion and retention are described in our Privacy Policy.

Once a license is terminated, you must stop using the access covered by that license. Clauses concerning ownership, outstanding payment obligations, liability, disputes, and any obligations that by their nature continue after termination remain effective. Deletion of personal information follows the Privacy Policy rather than being an automatic consequence of every access restriction. Where we discontinue a paid service, we will provide any notice and remedy required by applicable law.

XVI. Severability

Failure to enforce a provision does not waive the right to enforce it later. You may not transfer your rights or obligations under this Agreement without our consent, except where applicable law allows. We may transfer the Agreement as part of a lawful business reorganization or transfer, provided that your contractual and statutory protections are preserved and any required notice is given.

These terms and the offer accepted at purchase describe the agreement for the Service; the Privacy Policy explains associated data processing. If a provision is invalid, it should be limited to the extent necessary or removed without invalidating the rest. Mandatory law and applicable Apple Usage Rules take priority over an inconsistent provision. A change or waiver must be made by someone authorized to act for us; an informal support message cannot take away your statutory rights or grant an unrelated intellectual-property license.

XVII. Contact Information

For questions about these terms or the Service, contact our team and mention Plantsy in your message: