Terms and Conditions of Use

1.1. These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and Dwiti Digital Labs (doing business as PlantSpotify) ("we," "us," or "our"), concerning your access to and use of the PlantSpotify mobile application and website (collectively, the "Service").

1.2. By accessing or using the Service, you confirm that you have read, understood, and agreed to be bound by all of these Terms and Conditions. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICE AND MUST DISCONTINUE USE IMMEDIATELY.

1.3. TRADEMARK DISCLAIMER & NON-AFFILIATION (IMPORTANT):

PlantSpotify is an independent botanical identification and care utility operated by Dwiti Digital Labs. We are NOT affiliated, associated, authorized, endorsed by, or in any way officially connected with Spotify AB, Spotify USA Inc., or any of their subsidiaries or affiliates.

Our use of the name "PlantSpotify" refers exclusively to "spotting" or "identifying" plants. We do not operate in the music, audio streaming, or entertainment domains. Any similarity in naming is coincidental to the functional nature of "spotting" plants.

2.1. AI-Based Analysis: PlantSpotify utilizes Artificial Intelligence (AI) to provide plant identification, health diagnoses, and care tips. You acknowledge that AI technology is probabilistic and may produce inaccurate, incomplete, or misleading results.

2.2. No Professional Advice: The Service is provided for informational and educational purposes only. It does not constitute professional botanical, agricultural, or horticultural advice.

2.3. No Medical Advice: The Service may identify plants that are toxic or poisonous. YOU SHOULD NEVER INGEST A PLANT OR FRUIT BASED SOLELY ON THE APP'S IDENTIFICATION. We expressly disclaim liability for any health issues, allergic reactions, or poisoning resulting from reliance on the Service.

3.1. Age Requirement: You must be at least 13 years of age (or the minimum age of digital consent in your country) to use the Service. If you are a minor, you must have your parent or guardian's permission.

3.2. Account Security: You are responsible for maintaining the confidentiality of your login credentials (including Google/Apple logins). You agree to notify us immediately of any unauthorized use of your account.

4.1. Our IP: The Service, including its source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws.

4.2. Your License to Us (AI Training): By uploading plant images, notes, or data ("User Content"), you retain ownership of your content. However, you grant us a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, display, and analyze your User Content to improve our AI models and algorithms.

4.3. Prohibited Content: You agree not to upload content that is illegal, harassing, infringing on intellectual property rights, or contains malware.

5.1. Free Trial & Billing: If you sign up for a free trial, you will be automatically charged the subscription price at the end of the trial period unless you cancel at least 24 hours before the trial ends.

5.2. Auto-Renewal: Your subscription will automatically renew at the end of each billing cycle (monthly or annually) unless turned off in your Account Settings at least 24 hours before the current period ends.

5.3. Refunds: All purchases are final. Refunds are handled exclusively by the platform provider (Apple App Store or Google Play Store) according to their respective refund policies. We cannot issue refunds directly.

You agree not to:

• Systematically retrieve data or other content from the Service to create a collection, compilation, database, or directory without written permission from us (i.e., no scraping).
• Attempt to reverse engineer, decompile, or disassemble any aspect of the Service.
• Use the Service to advertise or offer to sell goods and services.

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES THAT THE AI DIAGNOSIS WILL BE ACCURATE OR THAT THE APP WILL SAVE YOUR PLANT FROM DYING.

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE THREE (3) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (1) your User Content; (2) use of the Service; or (3) breach of these Terms.

These Terms shall be governed by and defined following the laws of India. Dwiti Digital Labs and yourself irrevocably consent that the courts of Gujarat shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.

11.1. You acknowledge that these Terms are concluded between you and Dwiti Digital Labs only, and not with Apple Inc. or Google LLC.

11.2. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country.