Terms of Use
These Terms of Use (the "Terms") are an agreement between you and Modern Garden Labs LLC ("Modern Garden Labs", "we", "us" or "our") and govern your use of our website at moderngardenlabs.com (the "Site") and our mobile applications, including Ollora (together with the Site, the "Services"). By using the Services you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Services.
1. Eligibility
You must be at least 13 years old to use the Services. If you are under the age of majority where you live, you may use the Services only with the involvement of a parent or guardian who agrees to these Terms.
2. Accounts
Some features require an account. You agree to provide accurate information when creating it. You are responsible for maintaining the confidentiality of your account credentials and for activity conducted through your account to the extent resulting from your acts or omissions. You agree to notify us promptly if you suspect unauthorized access to or use of your account.
3. License to use the Services
Apps made available through an app marketplace are licensed, not sold. Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable license to use the Services for your personal, non-commercial purposes.
If you obtain an app through the Apple App Store, your use of the app is also subject to Apple's applicable terms, including Apple's Standard Licensed Application End User License Agreement, unless a separate custom end-user license agreement applies. If you obtain an app through Google Play, your use of the app is also subject to applicable Google Play terms.
4. Subscriptions and payments
Certain features of the Services may require a paid subscription. Subscription prices, billing periods, and available plans will be displayed before purchase.
Subscriptions automatically renew at the end of each billing period unless canceled before the renewal date. If you purchase a subscription through the Apple App Store or Google Play, your payment, renewal, cancellation, and refund requests are handled by the applicable app store and are subject to its terms.
You can manage or cancel your subscription through your Apple App Store or Google Play account settings. Canceling a subscription stops future renewals but does not generally provide a refund for the current billing period, except where required by applicable law or the applicable app store's policies.
We may change subscription prices or plans from time to time. Any price change will apply in accordance with applicable law and app store requirements, and we will provide notice where required.
5. Your content
You keep ownership of the photos, notes and other content you add to the Services ("Your Content"). You grant us a worldwide, non-exclusive, royalty-free license to host, store, process, reproduce and display Your Content solely to operate, improve and provide the Services to you. You are responsible for Your Content and confirm that you have the rights needed to share it with us.
6. Feedback
If you provide us with suggestions, ideas, feature requests or other feedback about the Services, you grant Modern Garden Labs a worldwide, perpetual, royalty-free right to use and incorporate that feedback without restriction or compensation to you. This does not give us ownership of Your Content.
7. Acceptable use
You agree not to:
- use the Services for any unlawful purpose or in violation of these Terms;
- upload content that is illegal, infringing, harmful or that you do not have the right to share;
- reverse engineer, decompile or attempt to extract the source code of the Services, except where the law allows it;
- access the Services by automated means, scrape data, or interfere with their operation or security;
- resell, sublicense or commercially exploit the Services without our written permission.
8. Artificial intelligence, plant identification and gardening information
The Services use artificial intelligence and general horticultural information to identify plants and provide plant-care recommendations. AI-generated results may be inaccurate or incomplete, so important information should be independently verified.
- Do not eat or otherwise use any plant, mushroom or berry based solely on an identification made by the Services. Misidentification can be dangerous. Always confirm with a qualified expert.
- Plant-care recommendations may not account for all conditions in your garden. Use your own judgment and follow product labels and local expert guidance when using fertilizers, pesticides or other garden products.
- The Services provide general informational guidance and are not a substitute for professional medical, veterinary, agricultural or other expert advice.
You are responsible for how you use information provided by the Services.
9. Intellectual property
The Services, including software, design, text, graphics, logos and the Modern Garden Labs and Ollora names, are owned by Modern Garden Labs or its licensors and are protected by copyright, trademark and other laws. Except for the license granted above, no rights are granted to you.
10. Copyright and intellectual property complaints
We respect the intellectual property rights of others. If you believe that content available through the Services infringes your copyright or other intellectual property rights, please contact us at dev@moderngardenlabs.com with sufficient information to identify the protected work, the allegedly infringing material, your contact information, and the basis for your claim. We will review and respond to valid notices as required by applicable law.
11. Third-party services
The Services may link to or rely on third-party services, such as app stores, sign-in providers and AI providers. We do not control third-party services and, except to the extent required by applicable law, are not responsible for their availability, content, security or independent practices. Your use of third-party services may be subject to separate terms and privacy policies.
12. Changes to the Services
We may change, suspend or discontinue any part of the Services at any time. We may also release updates that you must install to continue using an app. We are not liable to you for any modification, suspension or discontinuation of the Services.
13. Termination
You may stop using the Services at any time. We may suspend or terminate your access if you violate these Terms or if we reasonably believe it is necessary to protect the Services, our users or others. Sections 5, 6, 8, 9 and 14 through 18 survive termination.
14. Disclaimer of warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ACCURACY. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, OR THAT ANY IDENTIFICATION OR ADVICE WILL BE CORRECT. NOTHING IN THESE TERMS EXCLUDES OR LIMITS ANY WARRANTY, GUARANTEE OR OTHER RIGHT THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
15. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, MODERN GARDEN LABS AND ITS MEMBERS, OFFICERS, EMPLOYEES AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, PROFITS, PLANTS OR CROPS, ARISING OUT OF OR RELATED TO THE SERVICES. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE CLAIM OR ONE HUNDRED US DOLLARS (US$100). Some jurisdictions do not allow these limitations, so they may not apply to you.
16. Indemnification
You agree, to the extent permitted by applicable law, to indemnify and hold harmless Modern Garden Labs and its officers, employees and agents from third-party claims, liabilities, damages and reasonable expenses arising from (a) Your Content where it infringes or violates another person's rights; (b) your unlawful use of the Services; or (c) your material violation of these Terms.
17. Governing law and disputes
These Terms are governed by the laws of the State of Florida, United States, without regard to its conflict-of-law rules. Any dispute that cannot be resolved informally will be brought exclusively in the state or federal courts located in Miami-Dade County, Florida, and you consent to their jurisdiction. Nothing in this section prevents either party from seeking injunctive relief or limits any rights you may have as a consumer under the laws of your place of residence.
18. General
These Terms are the entire agreement between you and us regarding the Services. If any provision is found unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them in connection with a merger, acquisition or sale of assets.
19. Changes to these Terms
We may update these Terms from time to time. We will post the new version here and update the date at the top, and for material changes we will notify you in the app or by email. Continued use of the Services after the changes take effect means you accept them.
20. Contact us
Modern Garden Labs LLC
3719 NW 50th St
Miami, Florida 33142
United States
dev@moderngardenlabs.com
This document is a general template prepared for Modern Garden Labs LLC and has not been reviewed by a lawyer.