Before utilizing the Plantivo: Identify Plants & Diseases ("App"), it is crucial to thoroughly read and comprehend these Terms of Service. Your use of the App indicates your acceptance and commitment to comply with these terms, including our Privacy Policy and any referenced terms. If you do not agree with these terms, please refrain from accessing or using our App. It is important to note that Section 15 specifies individual arbitration as the method for resolving disputes, superseding jury trials or class actions.

For users of WXY Apps or Services who make payments through credit, debit, or other auto-renewal methods, be aware that your subscription will automatically renew unless canceled before the end of the term. Please refer to Section 5 for specific details regarding subscription renewal.

1.1 Agreement Overview. These Terms of Service (the "Agreement") delineate the legal relationship between users and WXY, encompassing its subsidiaries and affiliates ("WXY" "we," or "us"). This includes the usage of the Plantivo: Identify Plants & Diseases app and website, collectively referred to as the "Service." WXY may offer services, products, and features through its sites and applications, with this Agreement applying to all such changes, unless otherwise specified. WXY retains the right to cease any part of the Service, and you acknowledge we are not liable for such changes.

1.2 Additional Terms and User Designations. Accessing specific components of the Service may necessitate adherence to additional terms ("Additional Terms"), either embedded in this Agreement or presented during registration or use of the Service. All Additional Terms are integral to this Agreement by reference. All individuals using the Service, regardless of registration status, are deemed "users." Registration designates you as a "Member."

2.1 Modification of Agreement. WXY reserves the right to modify this Agreement and any Service policy or guideline at its sole discretion. Notice of such modifications will be provided by posting the revised Agreement on the Sites.

2.2 Effective Date of Modifications. The date of the last update is indicated at the top of the page. For non-subscribing users or Members, changes or modifications become effective immediately upon posting to the Sites. Continued use after posting constitutes acceptance. Subscribers are governed by the existing Agreement until renewal, as per Section 6. Renewal or continued use implies acceptance. Terminating the subscription and using the Service post-termination also implies acceptance.

2.3 Regular Review and Disagreement with Terms. It is advisable to regularly review this Agreement and related terms to understand the Service's applicable terms and policies. If you disagree with the amended terms, cease the use of the Service.

3.1 Consent to Electronic Communication. To utilize the Service, your consent to receive important information electronically from WXY is required. You agree to receive this Agreement, notices, disclosures, policies, and other materials ("Electronic Records") in electronic form, following The Electronic Signatures in Global and National Commerce Act. This consent covers all required communications.

3.2 Access and Issues with Electronic Records. Electronic Records will be accessible on our Sites, and apps, or sent to your profile's associated email. If you encounter issues accessing, downloading, or printing Electronic Records, reach out to us in writing at zozo_test@outlook.com. Withdrawing consent for Electronic Records deactivates your account, as the Service mandates such consent. Contact us in writing for a paper copy, subject to reasonable printing and sending fees that may apply.

4.1 Compliance with Agreement and Laws. You agree to use the Service and post content in accordance with this Agreement and all relevant laws, including US export controls.

4.2 Assumption of Usage Risks. You accept all risks associated with the use of the Service.

4.3 Profile Security. You are responsible for maintaining the confidentiality of your profile, including your username and password. You are liable for all activities carried out under your profile, including purchases of Paid Service. Notify WXY promptly of any unauthorized use or security breaches. WXY is not responsible for theft of usernames or passwords.

4.4 Personal Use. The Service is intended for personal, non-commercial use only. You are prohibited from transferring usage rights to others or engaging in commercial endeavors.

4.5 User Conduct. WXY is not liable for user conduct, whether related to the Service or not. You acknowledge that using the Service is at your own risk.

In relation to the Service or its users, you agree not to:

Use the Service unlawfully or in a way that harms or violates others' rights.

Partake in harassing, obscene, threatening, or predatory behavior.

Disrupt, damage, disable, overburden, impair, or interfere with others' use of the Service.

Deceive or defraud other users.

Share personal info without permission or collect such data unlawfully.

Engage in illegal activities or gambling.

Employ scripts, bots, or automated tech to access the Service.

Participate in phishing or trolling.

Attempt unauthorized access to any part of the Service.

4.6. To report violations of this Agreement by others, use the provided link on the Service or contact us at zozo_test@outlook.com.

4.7. You understand and agree that if WXY, at its sole discretion, believes you violated this Agreement, misused the Service, or acted inappropriately, unlawfully, or unsafely, WXY may investigate, take legal action, terminate your profile, cancel subscriptions, memberships, or report violations to authorities.

4.8. Plant Image Submissions. When you submit plant images for identification through our Service, you represent that you own or have the necessary rights to these images. You understand that high-quality images you submit may be selected for inclusion in our reference database to improve the Service for all users. We reserve the right to select which user-submitted images to include in our reference database based on quality, clarity, and educational value.

5.1 Apple App Store Purchases. All payments for subscriptions and in-app purchases are processed exclusively through the Apple App Store. You acknowledge that:

All transactions are subject to Apple's applicable payment terms and conditions

WXY does not store or process any payment information directly

Apple's refund policy applies to all purchases

5.2 Subscription Auto-Renewal. Unless turned off at least 24-hours before the end of the current period:

Subscriptions automatically renew through your Apple ID account

Your account will be charged for renewal within 24-hours prior to the end of the current period

The renewal rate remains the same unless notified in advance

5.3 Managing Subscriptions. You may:

Cancel subscriptions anytime via your Apple ID account settings

Turn off auto-renewal at least 24-hours before current term ends

Access active subscriptions through iTunes/App Store account

5.4 Free Trials. If offered:

Will convert to paid subscription unless canceled before trial ends

Can only be redeemed once per Apple ID

Are subject to Apple's promotional terms

5.5 Price Changes. WXY reserves the right to:

Modify subscription prices with 30 days notice

Honor existing subscription rates until next renewal period

Discontinue special pricing offers

5.6 Taxes. Apple will collect and remit:

All applicable sales/use taxes

Value-added taxes (VAT)

Goods and services taxes (GST) where required

5.7 Restrictions. You acknowledge:

All purchases are tied to your Apple ID

Cannot transfer subscriptions between platforms

Family Sharing may apply per Apple's terms

6.1. Please refer to our Privacy Policy for comprehensive information on how WXY collects, utilizes, stores, and shares personally identifiable user information.

6.2. User Image Privacy. Please note that plant images you submit to our Service may be viewed by other users as reference examples of identified plants. We do not share your personal information alongside these images. For more information about how we handle your submitted images, please refer to our Privacy Policy.

7.1 Proprietary Materials. The Service, excluding your User Content, includes elements like software, images, text, logos, trademarks, copyrights, and other materials (the "Proprietary Materials"), all owned by WXY and its licensors. User Content from other users also falls into this category. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such intellectual property rights of WXY.

7.2. User-Generated Content. By submitting, uploading, or providing photos of plants to the Service for identification purposes, you grant WXY a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, display, and distribute these images in connection with the Service, including but not limited to:

- Using your plant images to improve our identification algorithms;

- Displaying your plant images to other users as reference examples of identified plants;

- Using your plant images in our database to enhance the quality of plant identifications.

You retain ownership rights to your uploaded plant images. This license continues even if you stop using our Service, but you may contact us at zozo_test@outlook.com to request removal of your images from our reference database.

8.1. You are granted a limited, non-sublicensable license to use the Service under this Agreement. However, you are prohibited from copying, modifying, distributing, performing, or engaging in any reverse engineering on the Proprietary Materials or the Service. The use of automated methods to create accounts or access the Service is also strictly forbidden. Any use of the Service or Proprietary Materials beyond what is expressly authorized herein, without the prior written consent of WXY, is in violation of this Agreement and will result in the termination of the granted license. Such unauthorized use may also breach applicable laws, including, but not limited to, copyright and trademark laws, as well as relevant communications regulations and statutes. Unless explicitly stated in this Agreement, nothing herein should be interpreted as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. WXY reserves all rights not expressly granted in this Agreement with respect to the Service and the Proprietary Materials. Note: This license is subject to revocation at any time and does not confer any intellectual property rights beyond what is explicitly stated.

9.1 Copyright Infringement Notice: If you believe content on the sites infringes your copyrights, you can submit a notification under the Digital Millennium Copyright Act ("DMCA"). Send this information to our Copyright Agent:

An authorized person's signature

Description of the infringed copyrighted work

Location of the infringing material on our website (include URLs)

Your contact details: address, phone, email

Your statement that the disputed use isn't authorized

A statement under penalty of perjury that the info is accurate and you're the copyright owner or authorized representative

WXY's Copyright Contact Email: zozo_test@outlook.com

9.2 Legal Consequences: It's important to be accurate. If you knowingly make a false claim about online material infringing, you could face criminal charges for perjury and civil penalties, including financial damages, court expenses, and legal fees.

10.1 Trademarks and Service Marks. The trademarks or service marks, including "WXY," its logos, trade names, and slogans within the Service, are the exclusive property of WXY, its partners, or licensors. Unauthorized use without prior written permission is strictly prohibited. The overall appearance and aesthetic of the Service, encompassing graphics, icons, and scripts, are protected and may not be copied or imitated without express permission. Any other trademarks mentioned belong to their respective owners. The mention of products, services, or information does not imply endorsement by WXY.

11.1 Third-Party Content: WXY provides Third Party Content and links as a service, but does not exercise control, endorsement, or adoption of such content. The accuracy or completeness of Third-Party Content is not guaranteed, and WXY assumes no responsibility for its updating or review. Your use of Third-Party Content is undertaken at your own risk.

11.2 Ads and Promotions: The Service may include third-party ads, promotions, or information about products/services. Any transactions or interactions with third parties are solely between you and them. WXY does not assume responsibility for third-party features, content, or materials. We disclaim liability for any losses arising from such transactions or third-party content on the Service.

11.3 OpenAI API Integration: Our Apps may incorporate OpenAI API, accessible at https://beta.openai.com/docs/api-reference. As users, you are required to abide by and adhere to the terms outlined in OpenAI's Sharing & Publication Policy when engaging in the sharing and/or publishing of User Content.

12.1 Mobile Software: We may offer Mobile Software to access the Service. Your device must be compatible, though compatibility isn't guaranteed. You're granted a non-transferable license to use the Mobile Software on your personal device for your account. Upgrades may occur, and their terms apply.

12.2 App Store Software: For Mobile Software obtained from iTunes or the App Store:

This Agreement is between you and WXY, not Apple.

Apple has no responsibility for the software.

Any warranty claims must be addressed by WXY.

Apple is not liable for intellectual property disputes.

Apple is a third-party beneficiary of this Agreement.

12.3 No Support: This Agreement doesn't entitle you to hard-copy documentation, support, or maintenance for the Mobile Software.

12.4 Export Controls: You may not export the Mobile Software to embargoed countries or individuals on restricted lists.

12.5 International Users: If using the Mobile Software outside the U.S., you agree to comply with local laws.

12.6 Injunctive Relief: WXY may seek injunctive relief for breaches of this section.

13.1 WXY provides the Service "as is" and disclaims all warranties, including merchantability, fitness for a particular purpose, and non-infringement.

13.2 We do not guarantee uninterrupted, error-free, or secure use of the Service.

13.3 We are not liable for user interactions or identity theft.

13.4 We do not endorse user conduct or third-party content.

13.5 Some jurisdictions may not allow these disclaimers.

14.1 WXY is not liable for indirect, consequential, or punitive damages. Total liability is limited to fees paid in the last six months or $100, whichever is greater.

14.2 We are not liable for damages arising from user conduct.

14.3 Some jurisdictions may not allow these limitations.

15.1 Mandatory Arbitration: Except for small claims, all disputes must be resolved through binding arbitration.

15.2 Arbitration Process:

Send a written Notice to WXY at zozo_test@outlook.com.

Arbitration is administered by the American Arbitration Association (AAA).

Conducted in English, with a single arbitrator in California.

15.3 No Class Actions: Claims must be brought individually, not as class actions.

15.4 Governing Law: California law applies.

16.1 California law governs this Agreement. Any legal action must be brought in California courts.

17.1 You agree to indemnify WXY against any claims arising from your use of the Service.

18.1 This Agreement remains in effect until terminated.

18.2 WXY may terminate your account at any time without notice.

18.3 You may terminate by deactivating your account.

18.4 Certain provisions survive termination.

19.1 Right of Cancellation: Users in certain U.S. states may cancel within 3 business days for a full refund.

19.2 Refund for Death/Disability: Refunds are available if you die or become disabled before your subscription ends.

20.1 Entire Agreement: This Agreement constitutes the entire agreement between you and WXY.

20.2 Severability: If any provision is invalid, the rest remains enforceable.

20.3 Non-Transferable: You may not transfer your rights under this Agreement.

20.4 No Waiver: Failure to enforce a provision doesn’t waive future enforcement.

For questions, contact: zozo_test@outlook.com

Last Updated: August 28, 2025