Terms of Service

1. ACCEPTANCE OF TERMS OF USE

MyPlantShop.com is a service, including but not limited to myplantshop.com (the "Website") and software applications downloadable therein (the "Applications").

By accessing and using the Applications, you agree to be bound by these Terms of Use. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF USE, DO NOT USE THE APPLICATIONS IN ANY MANNER. MyPlantShop.com reserves the right to limit or terminate your access to the Applications if you do not comply with these Terms of Use.

MyPlantShop.com reserves the right, at its sole discretion, to change, modify, update, add, or remove portions of the Terms of Use at any time, with or without notice to you. Please check these Terms of Use periodically for changes. Your continued use of the Applications after the posting of any changes to the Terms of Use means that you have accepted those changes.


2. ACCOUNT TERMS

  1. You must be 18 years or older to use the Applications
  2. You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
  3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  4. You may only create or have access to one Free account with the Application. Any additional Free accounts are subject to deletion at MyPlantShop.com's discretion.
  5. You are responsible for maintaining the security of your account and password. MyPlantShop.com cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  6. You may not use the Applications for any illegal or unauthorized activities


3. COPYRIGHT AND CONTENT OWNERSHIP

  1. We claim no intellectual property rights over the material you provide to the Applications.
  2. The Applications and all source code including HTML, CSS, JavaScript and images are copyright © MyPlantShop.com.


4. PAYMENT, REFUNDS, FEES, UPGRADING AND DOWNGRADING

  1. A valid credit card is required for paying accounts. Accounts during the trial period do not require a credit card.
  2. Paying accounts will be billed/charged upon completion of account creation process.
  3. You are responsible for the trial of the Applications using the trial period before activating a paying plan. If you activate a paying account, you waive your right to a trial of the Applications.
  4. Service of the Applications is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. For the purposes of equality, no exceptions will be made.
  5. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
  6. You are solely responsible for applicable fees by third parties due to integration with the Applications, including, but not limited to fees associated with payment processing.
  7. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
  8. Downgrade is only available when the account is eligible for the target downgrade plan.


5. CANCELLATION AND TERMINATION OF SERVICES

  1. You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time from within your account site. The option is available under "My Account"
  2. Any or all of your data will be permanently removed from our system upon cancellation. This removal cannot be reversed. The data that is lost cannot be restored. MyPlantShop.com reserves the right to preserve any or all of the data in a non-restorable form.
  3. If you cancel your plan before the end of your current paid month, your cancellation will take effect at the end of your billing month and you will not be charged again. You will not receive a refund for unused time.
  4. MyPlantShop.com, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Applications, or any other MyPlantShop.com service, for any reason at any time. Such termination of the Applications will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all data in your Account. MyPlantShop.com reserves the right to refuse service to anyone for any reason at any time.


6. MODIFICATIONS TO PRICES AND PLANS

  1. MyPlantShop.com reserves the right at any time and from time to time to modify or discontinue the operation, support, and service of the Applications, temporarily or permanently, with or without notice.
  2. Details for paid plans, including but not limited to features enumerated on the Website, are subject to change upon 30 days notice from MyPlantShop.com. Such notice may be provided at any time via any channel, including but not limited to digital notices on the Website.
  3. Prices, including but not limited to monthly subscription plan fees to the Applications, are subject to change upon 30 days notice from MyPlantShop.com. Such notice may be provided at any time via any channel, including but not limited to digital notices on the Website.
  4. MyPlantShop.com shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Applications.


7. GENERAL CONDITIONS

  1. You consent to the terms of our Privacy Policy.
  2. Your use of the Applications is at your sole risk. The Applications are provided on an "as is" and "as available" basis.
  3. You must not modify, adapt or hack the Applications or modify another website so as to falsely imply that it is associated with the Applications, MyPlantShop.com, or any other MyPlantShop.com service.
  4. You expressly understand and agree that MyPlantShop.com shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if MyPlantShop.com has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Applications; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Applications; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the Applications.
  5. You must not falsely assume the identity of an employee representing MyPlantShop.com
  6. The failure of MyPlantShop.com to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. The Terms of Use constitutes the entire agreement between you and MyPlantShop.com and govern your use of the Applications, superceding any prior agreements between you and MyPlantShop.com. (including, but not limited to, any prior versions of the Terms of Use).