Terms of Service

1. Agreement to Terms

Welcome to Plantmatch ("Platform," "Service," "we," "us," or "our"). These Terms of Service ("Terms") govern your use of our plant marketplace platform, including our website, mobile application, and related services (collectively, the "Service").

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these terms, then you may not access the Service. These Terms constitute a legally binding agreement between you and Plantmatch.

US-Based Service: Plantmatch operates in the United States and complies with applicable US federal and state laws, including consumer protection regulations, the CAN-SPAM Act, COPPA, and FTC guidelines.

2. Description of Service

Plantmatch is an online marketplace platform that connects plant enthusiasts with local plant nurseries. Our Service includes:

• AI-driven plant recommendation system based on user preferences
• Marketplace for browsing and purchasing plants from verified nurseries
• Plant care information and guidance
• Community features for plant enthusiasts
• Order management and customer support
• Personal plant collection tracking ("Your Plants")

Important: Plantmatch acts as a platform connecting buyers and sellers. We are not the seller of plants or plant-related products. Contracts for the sale of products are formed directly between customers and nurseries.

3. User Accounts and Eligibility

3.1 Account Creation

To access certain features of our Service, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your account information
• Keep your password secure and confidential
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use

3.2 Eligibility

You must be at least 18 years old to create an account and use our Service. By using our Service, you represent that you meet this age requirement and have the legal capacity to enter into these Terms.

3.3 Account Types

• Customer Accounts: For individuals purchasing plants and using recommendations
• Nursery Accounts: For businesses selling plants through our platform
• Guest Checkout: Limited functionality without account creation

4. Customer Terms

4.1 Purchasing

When you purchase products through our platform:

• You enter into a contract directly with the selling nursery
• All product descriptions, pricing, and availability are provided by the nursery
• Payment is processed securely through our payment partners
• You are responsible for providing accurate delivery information

4.2 Returns and Refunds

Return and refund policies are determined by individual nurseries in accordance with applicable consumer protection laws:

• State Laws: Returns governed by applicable state consumer protection statutes
• Cooling-Off Periods: Where applicable under state law
• Defective Products: Right to refund for damaged or misdescribed items
• Contact Process: Contact the nursery directly or use our dispute resolution system

4.3 Consumer Protection Rights

Under US consumer protection laws, you have rights including:

• Protection against unfair or deceptive practices
• Right to accurate product descriptions
• Right to prompt delivery or refund
• Protection under state lemon laws where applicable
• Right to dispute charges with your credit card company

4.4 Plant Care and Responsibility

Once plants are delivered:

• You assume responsibility for plant care and wellbeing
• Follow provided care instructions and guidelines
• Contact the nursery promptly if plants arrive damaged
• Understand that plants are living organisms with natural variations

5. Nursery Terms

5.1 Nursery Registration

To sell on our platform, nurseries must:

• Complete business verification and provide valid documentation
• Agree to our separate Nursery Partner Agreement
• Maintain appropriate business licenses and insurance
• Comply with all applicable laws and regulations

5.2 Product Listings

Nurseries are responsible for:

• Accurate product descriptions, photos, and pricing
• Proper plant tagging using our system categories
• Maintaining current inventory and availability
• Providing accurate care instructions
• Complying with plant health and safety regulations

5.3 Order Fulfillment

Nurseries must:

• Process orders within agreed timeframes
• Package plants appropriately for shipping
• Provide tracking information when available
• Handle customer service for their products
• Process returns and refunds according to policy

5.4 Commission and Payments

Our commission structure and payment terms are detailed in the separate Nursery Partner Agreement. Generally:

• Commission is charged on completed sales
• Payments are processed on a regular schedule
• Nurseries are responsible for their own tax obligations

6. AI Recommendations and Platform Features

6.1 AI-Driven Recommendations

Our AI recommendation system:

• Provides suggestions based on your preferences and data
• Is for informational purposes only
• Cannot guarantee plant survival or suitability
• Should be combined with your own research and judgment

6.2 Community Features

When using community features, you agree to:

• Be respectful and constructive in interactions
• Share accurate information and experiences
• Respect intellectual property rights
• Not engage in commercial promotion without permission

6.3 User-Generated Content

By posting content (reviews, photos, comments), you:

• Grant us a license to use, display, and distribute your content
• Represent that you own or have rights to the content
• Agree that content may be moderated or removed
• Remain responsible for the content you post

7. Prohibited Uses and Conduct

You agree not to:

• Use the Service for any unlawful purpose or activity
• Violate any local, state, or federal law
• Impersonate or misrepresent your affiliation with any person or entity
• Post false, misleading, or fraudulent reviews or content
• Attempt to gain unauthorized access to the Service or other accounts
• Transmit viruses, malware, or other harmful code
• Harvest or collect user information without consent
• Interfere with or disrupt the Service or servers
• Use the Service for commercial purposes without authorization
• Circumvent or disable security features

8. Payment Terms

8.1 Payment Processing

Payments are processed through secure third-party payment processors. You agree to:

• Provide current, complete, and accurate payment information
• Pay all charges incurred by your account
• Be responsible for applicable taxes
• Notify us of any billing discrepancies within 60 days

8.2 Pricing and Availability

All prices are set by individual nurseries and are subject to change. We reserve the right to correct pricing errors, even after orders are placed.

8.3 Refunds and Returns

Refund policies are determined by individual nurseries in accordance with applicable consumer protection laws. Platform fees are generally non-refundable unless required by law.

9. Intellectual Property Rights

9.1 Platform Content

The Service and its original content, features, and functionality are owned by Plantmatch and are protected by US and international copyright, trademark, patent, trade secret, and other intellectual property laws.

9.2 User Content License

By posting content on our platform, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in connection with operating and providing the Service.

9.3 Trademark Rights

"Plantmatch" and our logos are trademarks of our company. You may not use our trademarks without our prior written consent.

10. Privacy and Data Protection

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your information when you use our Service. By using our Service, you agree to the collection and use of information in accordance with our Privacy Policy.

11. Disclaimers and Limitation of Liability

11.1 Service Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

11.2 Plant and Product Disclaimers

We do not guarantee:

• Plant survival, health, or growth after delivery
• Accuracy of plant descriptions or care information
• Suitability of plants for your specific conditions
• Availability or quality of products from nurseries

11.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PLANTMATCH SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, OR USE, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATING TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE MONTHS PRECEDING THE CLAIM.

11.4 Consumer Rights

Nothing in these Terms limits your statutory consumer rights that cannot be waived by agreement. If you are a consumer, you may have additional rights under applicable consumer protection laws.

12. Dispute Resolution

12.1 Customer-Nursery Disputes

For disputes between customers and nurseries regarding orders, products, or services, we encourage direct communication first. If needed, we may provide mediation assistance, but we are not obligated to resolve such disputes.

12.2 Platform Disputes

For disputes with Plantmatch regarding the platform or these Terms:

• First, contact our customer support for informal resolution
• If unresolved, disputes may be subject to binding arbitration
• Class action waiver applies to the extent permitted by law

13. Account Termination

13.1 Termination by You

You may terminate your account at any time by contacting customer support or using account settings. Termination does not affect completed transactions or ongoing obligations.

13.2 Termination by Us

We may terminate or suspend your account immediately if you:

• Violate these Terms or applicable laws
• Engage in fraudulent or harmful activity
• Repeatedly receive complaints from other users
• Fail to pay applicable fees

13.3 Effect of Termination

Upon termination:

• Your right to use the Service ceases immediately
• We may delete your account and data after reasonable notice
• Certain provisions of these Terms survive termination
• You remain liable for all charges incurred before termination

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes by:

• Posting the updated Terms on our website
• Updating the "Last updated" date
• Sending email notifications for significant changes
• Displaying prominent notices on the platform

Continued use of the Service after changes constitutes acceptance of the updated Terms. If you do not agree to the changes, you must stop using the Service.

15. Miscellaneous

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional agreements, constitute the entire agreement between you and Plantmatch.

15.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

15.3 No Waiver

No waiver of any term or condition of these Terms shall be deemed a continuing waiver or waiver of any other term or condition.

15.4 Assignment

We may assign our rights and obligations under these Terms without your consent. You may not assign your rights under these Terms without our written consent.

16. Contact Information

If you have questions about these Terms, please contact us: