Terms of Service

1. Acceptance of Terms

By accessing or using the Tendra mobile application and platform ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service.

These Terms apply to all visitors, users, and others who access or use the Service, provided by Gaialab ("Company", "we", "us", or "our").

2. Description of Service

Tendra provides a comprehensive plant identification and information platform that includes:

• Plant species database with detailed information
• Plant identification services using image recognition
• Dragon fruit and avocado cultivar databases
• Plant care guides and personalized recommendations
• Disease diagnosis assistance
• Community features for sharing plants and experiences
• Premium subscription services with enhanced features

3. Subscriptions and Billing

3.1 Premium Services

Certain parts of the Service are billed on a subscription basis ("Subscription"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set on a monthly or annual basis, depending on the type of subscription plan you select.

3.2 Automatic Renewal

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Gaialab cancels it. You may cancel your Subscription renewal through your Apple App Store or Google Play Store account settings.

3.3 Billing Changes

Gaialab may change the Subscription fee upon reasonable prior notice. Any price change will take effect at the end of the then-current Billing Cycle. Your continued use of the Service after the price change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

3.4 Refunds

Except when required by law, paid Subscription fees are non-refundable. If you cancel your subscription, you will continue to have access to Premium features until the end of your current Billing Cycle.

3.5 Free Trial

Gaialab may offer a free trial for new subscribers. At the end of the free trial period, you will be charged the applicable Subscription fee unless you cancel before the trial ends.

4. Account Responsibilities

4.1 Account Information

When creating an account, you must provide accurate, complete, and current information. Failure to do so constitutes a breach of the Terms.

4.2 Account Security

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. You agree to:

• Use a strong and unique password
• Not share your account credentials with others
• Notify us immediately if you suspect unauthorized use of your account
• Not use anyone else's account without permission

4.3 Prohibited Activities

You may not:

• Use automated scripts, bots, or other methods to access the Service
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the Service or servers
• Use the Service for any unlawful purpose or in violation of any regulations

5. Content Guidelines

5.1 User-Generated Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, photos, or other material ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.

5.2 Content Standards

You agree that your Content will not:

• Contain false, misleading, or inaccurate information
• Be offensive, defamatory, or harassing
• Infringe on intellectual property rights of others
• Contain spam, advertising, or solicitations
• Include malicious code, viruses, or harmful technology
• Violate any applicable laws or regulations
• Promote illegal activities or harm to people, animals, or the environment

5.3 Content Removal

We reserve the right to remove or refuse to post any Content for any or no reason in our sole discretion. We take no responsibility for monitoring Content, but we may review Content and remove it if we believe it violates these Terms.

6. Use License and Content Sharing

By submitting content to our platform, you grant us and other users the right to use, reproduce, modify, and distribute your Content under the CC-BY-SA license, and you warrant that you have the right to do so.

7. Disclaimers and Limitations

The Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied. We do not guarantee:

• 100% accuracy in plant identification
• Completeness or accuracy of plant care information
• Suitability of recommendations for your specific conditions
• Uninterrupted or error-free service
• Security of data transmission or storage
• Correction of any errors or defects

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

8. Intellectual Property

8.1 Service Content

The Service and its original content (excluding user-generated Content), features, and functionality are owned by Gaialab and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

8.2 Tendra Trademarks

The Tendra name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Gaialab. You may not use such marks without our prior written permission.

8.3 Third-Party Content

Plant images and data may be sourced from various sources including:

• PlantNet API and community contributions
• Wikimedia Commons (CC0 and public domain images)
• Licensed image databases
• Public domain sources
• User-contributed content under CC-BY-SA

Each source maintains its own attribution requirements and licensing terms.

8.4 Copyright Infringement

We respect the intellectual property rights of others. If you believe that any Content on our Service violates your copyright, please contact us at hello@gaialab.io with:

• Description of the copyrighted work
• Location of the infringing material
• Your contact information
• A statement of good faith belief that the use is not authorized
• A statement under penalty of perjury that the information is accurate

9. Third-Party Services and Links

Our Service integrates with and may contain links to third-party services including:

• Plant identification services and APIs
• AI and machine learning providers for disease diagnosis and intelligent features
• Google Cloud for hosting and infrastructure
• Firebase for authentication and data storage
• Apple App Store and Google Play Store for subscriptions

We have no control over and assume no responsibility for third-party services. We strongly advise you to review the terms and privacy policies of any third-party services you access through our Service.

10. Limitation of Liability

To the fullest extent permitted by law, Gaialab, its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation:

• Loss of profits, data, use, or goodwill
• Service interruptions or delays
• Any plant identification errors or inaccuracies
• Plant care decisions based on our information
• Damage to plants, property, or health resulting from use of the Service
• Unauthorized access to or alteration of your transmissions or data
• Statements or conduct of any third party on the Service

In no event shall our aggregate liability exceed the amount you paid to us in the past twelve months, or one hundred dollars ($100), whichever is greater.

11. Indemnification

You agree to defend, indemnify, and hold harmless Gaialab and its licensors, employees, contractors, agents, officers, and directors from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses arising from:

• Your use of and access to the Service
• Your violation of any term of these Terms
• Your violation of any third-party right, including intellectual property rights
• Any harm caused to any third party through your use of the Service
• Any Content you post or share on or through the Service

12. Termination

12.1 By You

You may request account deletion at any time through the Account settings in the app. Upon requesting deletion:

After the 30-day grace period expires, the following data will be permanently deleted:

• Your account profile and personal information
• All plants you have added and their associated data
• All photos and images you have uploaded
• All care schedules, notes, and observations
• All spaces and plant collections you have created
• All community posts, comments, and interactions
• Your subscription will not be refunded for the current billing period

Note: Content you posted to community features that was shared under the CC-BY-SA license may remain accessible to others who have already accessed or copied it, as required by the terms of that license.

12.2 By Us

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including:

• Breach of these Terms
• Violation of applicable laws
• Fraudulent or illegal activity
• At our sole discretion for any other reason

12.3 Effect of Termination

Upon termination, your right to use the Service will immediately cease. All provisions of the Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

13.2 Dispute Resolution

Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction.

13.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

14. Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. We will provide notice of any material changes by:

• Updating the "Last updated" date at the top of this page
• Sending you a notification through the Service or via email
• Posting a prominent notice on our website

Your continued use of the Service after any such changes constitutes your acceptance of the new Terms. If you do not agree to the new terms, you must stop using the Service.

15. Miscellaneous

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Gaialab regarding the Service.

15.2 Waiver and Severability

No waiver by Gaialab of any term or condition shall be deemed a further or continuing waiver of such term or any other term. If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent possible and the remaining provisions will remain in full force.

15.3 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

15.4 Language

These Terms were originally written in English. In case of any conflict between the English version and a translation, the English version shall prevail.

16. Contact Information