GREENFRIENDS - TERMS OF SERVICE

Last Updated: February 24, 2025

1. AGREEMENT TO TERMS

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Hexpresso LLC ("Company," "we," "us," or "our") regarding your use of our GreenFriends plant identification and care mobile application (the "App"), including any content, functionality, and services offered on or through the App.

By downloading, accessing, or using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the App.

2. ELIGIBILITY

You must be at least 13 years of age to use the App. By using the App, you represent and warrant that you meet this requirement. If you are under 18, you represent that you have your parent's or legal guardian's permission to use the App and that they have read and agreed to these Terms on your behalf.

3. ACCOUNT REGISTRATION

To access certain features of the App, you may be required to 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.

You are responsible for safeguarding your password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

4. SUBSCRIPTION SERVICES

4.1 Subscription Plans

The App offers subscription-based services through Apple's in-app purchase system. Details regarding the features, pricing, and billing cycle for each subscription plan will be displayed in the App before you complete the purchase.

4.2 Free Trial

We may offer a free trial period for subscription services. Upon expiration of the free trial period, your subscription will automatically convert to a paid subscription unless you cancel before the end of the trial period.

4.3 Billing and Renewal

Payment for subscriptions will be charged to your Apple ID account at the confirmation of purchase. Subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period.

4.4 Cancellation

You can manage and cancel your subscription by going to your Apple ID account settings after purchase. No refunds will be provided for the unused portion of any subscription period.

5. USER CONTENT

5.1 User Submissions

The App may allow you to submit content, such as plant photos, questions, or comments ("User Content"). You retain ownership of your User Content, but you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display your User Content in connection with the App and our business. This license includes using your User Content for:

  • Providing, maintaining, and improving the App
  • Developing and training our artificial intelligence systems
  • Research and analysis for product development
  • Marketing and promotional purposes (without personally identifying you)
  • Creating datasets that may be shared with third-party partners

This license continues even if you stop using the App, given the nature of digital content and AI training. You acknowledge that once your User Content has been used for AI training purposes, it cannot be practically removed from the training datasets.

5.2 Content Restrictions

You agree not to submit User Content that:

  • Is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or invasive of another's privacy
  • Infringes on any intellectual property rights of any party
  • Contains software viruses or any other computer code designed to disrupt functionality
  • Constitutes unsolicited advertising or promotional materials
  • Impersonates any person or entity or misrepresents your affiliation
  • Is unrelated to plant identification or care

6. ARTIFICIAL INTELLIGENCE FEATURES

6.1 AI-Generated Content

The App uses artificial intelligence technology to provide plant identification and care recommendations. While we strive to provide accurate and helpful information, AI-generated content may not always be perfect or complete. You acknowledge that:

  • AI responses are generated by third-party services and may contain inaccuracies or errors
  • The App is not intended to replace professional advice from botanists, gardeners, or other plant experts
  • You should use discretion and judgment when following AI-generated plant care recommendations
  • You assume all responsibility for your use of and reliance on AI-generated content
  • Some plants may be toxic, cause allergic reactions, or have other hazardous properties that may not be correctly identified by the App
  • We make no representations or warranties regarding the accuracy of plant identifications or care recommendations

6.2 AI Training

You acknowledge that your interactions with the AI features, including your queries and submitted images, may be used to improve the AI systems. Such data will be processed in accordance with our Privacy Policy.

7. INTELLECTUAL PROPERTY RIGHTS

7.1 App Content

Except for User Content, all content, features, and functionality of the App, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, are owned by the Company, its licensors, or other providers and are protected by copyright, trademark, and other intellectual property laws.

7.2 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download and use the App on compatible devices that you own or control, solely for your personal, non-commercial use.

7.3 Restrictions

You may not:

  • Modify, adapt, or hack the App or modify another website to falsely imply it is associated with the App
  • Reverse engineer, decompile, or disassemble the App
  • Remove any copyright, trademark, or other proprietary notices from the App
  • Use the App for any illegal or unauthorized purpose
  • Use the App to infringe upon anyone's intellectual property rights
  • Rent, lease, lend, sell, redistribute, or sublicense the App

8. DISCLAIMERS

8.1 App Provided "As Is"

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

8.2 Plant Information Disclaimer

WHILE WE STRIVE TO PROVIDE ACCURATE PLANT IDENTIFICATION AND CARE RECOMMENDATIONS, WE MAKE NO WARRANTY THAT THE INFORMATION PROVIDED BY THE APP, INCLUDING AI-GENERATED CONTENT, WILL BE ERROR-FREE, COMPLETE, OR RELIABLE. THE APP IS NOT INTENDED TO PROVIDE ADVICE REGARDING EDIBLE OR MEDICINAL PLANTS AND SHOULD NOT BE RELIED UPON FOR SUCH PURPOSES.

8.3 Technical Disclaimer

WE DO NOT WARRANT THAT THE APP WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED.

9. LIMITATION OF LIABILITY

9.1 General Limitation

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.2 Cap on Liability

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE APP EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO US FOR THE APP DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY; OR (B) ONE HUNDRED DOLLARS ($100).

9.3 AI-Generated Content

YOU ACKNOWLEDGE THAT THE PLANT IDENTIFICATION AND CARE RECOMMENDATIONS PROVIDED BY THE APP ARE GENERATED BY ARTIFICIAL INTELLIGENCE AND MAY NOT ALWAYS BE ACCURATE. YOU ASSUME ALL RISKS ASSOCIATED WITH FOLLOWING SUCH RECOMMENDATIONS, INCLUDING BUT NOT LIMITED TO PLANT DAMAGE, PROPERTY DAMAGE, ALLERGIC REACTIONS, OR OTHER ADVERSE OUTCOMES. WE SPECIFICALLY DISCLAIM ALL LIABILITY FOR ANY DAMAGES ARISING FROM YOUR RELIANCE ON AI-GENERATED CONTENT.

10. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Company, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney's fees) arising from: (a) your use of the App; (b) your violation of these Terms; (c) your violation of any third-party rights, including without limitation any intellectual property rights or privacy right; or (d) any User Content submitted by you.

11. THIRD-PARTY LINKS AND SERVICES

The App may contain links to third-party websites or services that are not owned or controlled by the Company. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be responsible or liable for any damage or loss caused by the use of such third-party websites or services.

12. TERM AND TERMINATION

12.1 Term

These Terms shall remain in full force and effect while you use the App or maintain an account.

12.2 Termination by You

You may terminate these Terms at any time by:

  • Cancelling your subscription through your Apple ID account settings
  • Deleting the App from all your devices
  • Deleting your account (if applicable)

Termination of these Terms does not require us to delete or stop using anonymized or aggregated data that has already been collected and processed for product improvement, including AI model training that has already occurred. We will, however, cease collecting new data from you upon termination.

12.3 Termination by Us

We may, in our sole discretion, terminate or suspend your access to all or part of the App at any time, with or without notice, for any reason, including but not limited to your breach of these Terms.

12.4 Effect of Termination

Upon termination, your right to use the App will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. CHANGES TO TERMS

We reserve the right to modify or replace these Terms at any time. Material changes to these Terms will be effective upon posting the revised Terms within the App and/or on our website. Material changes will be identified as such in the App or on our website.

By continuing to access or use the App after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the App.

14. GOVERNING LAW AND DISPUTE RESOLUTION

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New York without regard to its conflict of law provisions.

14.2 Informal Dispute Resolution

Before filing a claim against the Company, you agree to try to resolve the dispute informally by contacting support@hexpresso.app. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, you or the Company may proceed as described below.

14.3 Small Claims Court

Either party may resolve disputes through small claims court if the claims qualify and if the court has jurisdiction.

14.4 Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms or the App that cannot be resolved informally or in small claims court shall be finally settled by arbitration administered by the American Arbitration Association in accordance with its Consumer Arbitration Rules. The arbitration shall take place in Albany, New York and shall be conducted in the English language. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

14.5 Class Action Waiver

YOU AGREE TO RESOLVE ANY DISPUTES WITH US ON AN INDIVIDUAL BASIS ONLY, AND WAIVE ANY RIGHT TO BRING OR JOIN A CLASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION.

15. GENERAL PROVISIONS

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the App and supersede all prior agreements and understandings.

15.2 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

15.3 Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

15.4 Assignment

You may not assign or transfer these Terms without our prior written consent, but we may assign or transfer these Terms without restriction.

15.5 Contact Information

If you have any questions about these Terms, please contact us at: support@hexpresso.app

16. APPLE APP STORE ADDITIONAL TERMS

These Terms are between you and the Company only, not with Apple Inc. ("Apple"). Apple is not responsible for the App and its content. Apple has no obligation to furnish any maintenance or support services with respect to the App.

In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App (if applicable) to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation with respect to the App.

Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.

Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the App and/or your possession and use of the App infringe that third party's intellectual property rights.

You agree to comply with any applicable third-party terms when using the App.

Apple and its subsidiaries are third-party beneficiaries of these Terms and will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

You represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.