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, to keep your credentials confidential and to notify us promptly of any unauthorized use. You are responsible for all activity under your account. You may delete your account at any time from the app settings or by contacting us.
3. License to use the Services
Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable and revocable license to install and use our apps on devices you own or control and to use the Site for your personal, non-commercial purposes. Apps downloaded from the Apple App Store or Google Play are also subject to the terms of those stores.
4. 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.
5. 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.
6. Plant identification and care advice
The Services use artificial intelligence and general horticultural information to identify plants, diagnose problems and suggest care. This information is provided for general guidance only and may be incomplete or wrong. In particular:
- Do not eat, touch or use any plant, mushroom or berry based on an identification made by the Services. Misidentification can be dangerous. Always confirm with a qualified expert.
- Care suggestions do not account for every condition in your garden. Use your own judgment and local expert advice.
- The Services do not provide medical, veterinary, legal or agricultural professional advice.
You use any information provided by the Services at your own risk.
7. 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.
8. 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 are not responsible for third-party services, and your use of them is subject to their own terms.
9. 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.
10. 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 4, 6, 7 and 11 through 15 survive termination.
11. 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.
12. 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.
13. Indemnification
You agree to defend, indemnify and hold harmless Modern Garden Labs from any claims, damages, liabilities and expenses (including reasonable attorneys' fees) arising from Your Content, your use of the Services or your violation of these Terms.
14. 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.
15. 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.
16. 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.
17. Contact us
Modern Garden Labs LLC
3719 NW 50th St
Miami, Florida 33142
United States
support@moderngardenlabs.com
This document is a general template prepared for Modern Garden Labs LLC and has not been reviewed by a lawyer.