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Terms of Service

Last updated: May 6, 2026

1. Acceptance of Terms

By accessing and using PlantCareAI ("the Service"), you accept and agree to be bound by these Terms of Service. PlantCareAI is operated by Elloquist LLC (formerly EDH Dev). If you do not agree to these terms, please do not use the Service.

2. Eligibility

You must be at least 13 years of age to use the Service. By creating an account, you represent that you are at least 13 years old. If you are under 18, you should review these Terms with a parent or guardian.

3. Description of Service

PlantCareAI is a web application that provides plant care advice, reminders, and weather-aware suggestions. The Service uses AI technology to generate care recommendations based on information you provide.

The Service offers a free tier with core features (up to 20 plants, AI advice, reminders, journal) and an optional Premium subscription with additional features including unlimited plants, AI photo diagnosis, data export, custom themes, plant stories, and priority support. See our Pricing page for current plans and pricing.

4. User Accounts

To use certain features, you may create an account using one-time password (OTP) authentication. You are responsible for:

  • Maintaining the security of your email account
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized use

5. Acceptable Use

You agree to use the Service only for lawful purposes. You may not:

  • Violate any applicable laws or regulations
  • Attempt to gain unauthorized access to the Service
  • Interfere with or disrupt the Service or servers
  • Use automated tools to access the Service without permission
  • Abuse rate limits or attempt to overwhelm the Service

6. Premium Subscription and Billing

Premium subscriptions are available on a monthly ($4.99/month) or annual ($39.99/year) basis. All prices are in US dollars and may be updated with reasonable notice.

  • Billing: Payments are processed securely by Stripe. We do not store your credit card information. Subscriptions renew automatically at the end of each billing period unless cancelled.
  • Free Trial: New accounts receive a limited free trial of Premium features. No payment is required during the trial period. After the trial ends, Premium features require an active subscription.
  • Cancellation: You may cancel your subscription at any time from your Account Settings or via the Stripe billing portal. Cancellation takes effect at the end of your current billing period — you retain Premium access until then.
  • Downgrade Behavior: When your subscription ends, your account reverts to the free tier. Your plants, journal entries, and data are preserved (not deleted), but you will be limited to the free tier's plant limit and will lose access to Premium-only features such as AI diagnosis, export, and custom themes.

7. Refund Policy

We want you to be satisfied with your Premium subscription. If you are not satisfied, you may request a refund within 7 days of your initial purchase or most recent renewal by contacting us at info@plantcareai.app. Refunds are processed back to your original payment method via Stripe.

Partial-period refunds are not provided for cancellations made after the 7-day refund window. You will continue to have Premium access until the end of your paid billing period.

8. AI-Generated Content Disclaimer

The plant care advice provided by this Service is AI-generated and for informational purposes only. We make no guarantees about the accuracy, completeness, or reliability of the advice. Plant care recommendations may vary based on your specific conditions, and you should always use your best judgment when caring for your plants.

9. Weather-Based Adjustments

The Service may adjust watering reminders and care suggestions based on weather data from third-party providers. These adjustments are automated suggestions and may not account for all local conditions. You are responsible for determining whether weather-adjusted recommendations are appropriate for your specific plants and environment.

10. Intellectual Property

The Service and its original content, features, and functionality are owned by Elloquist LLC (operating under the assumed name PlantCareAI) and are protected by international copyright, trademark, and other intellectual property laws.

11. User-Generated Content

You retain ownership of any content you submit to the Service (such as plant photos and descriptions). By submitting content, you grant us a non-exclusive license to use, store, and display that content as necessary to provide the Service.

12. Service Availability

We strive to keep the Service available, but we do not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, updates, or technical issues.

13. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY PLANT CARE ADVICE WILL PRODUCE SPECIFIC RESULTS.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ELLOQUIST LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE, INCLUDING BUT NOT LIMITED TO DAMAGE TO PLANTS, PROPERTY, OR ANY OTHER LOSSES. OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM YOUR USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

15. User Termination

You may terminate your account at any time by using the "Delete Account" option in your Account Settings. Upon deletion, all your data will be permanently removed. You may also export your data before deleting your account.

16. Termination by Us

We reserve the right to suspend or terminate your account if you violate these Terms or engage in behavior that we deem harmful to the Service or other users. We will make reasonable efforts to notify you before termination.

17. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of any material changes by updating the "Last updated" date, displaying an in-app notification, and sending an email to your registered address. Continued use of the Service after changes constitutes acceptance of the new Terms.

18. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law provisions.

19. Dispute Resolution and Binding Arbitration

Please read this section carefully. It affects your legal rights.

Informal Resolution First. Before initiating arbitration, you agree to contact us at info@plantcareai.app with a written description of the dispute and the relief you seek. We will attempt to resolve the dispute informally within 30 days of receiving your notice. If the dispute is not resolved within that period, either party may proceed to arbitration.

Binding Arbitration. Except for disputes that qualify for small claims court (see below), any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court. The arbitration may be conducted remotely by telephone or videoconference unless both parties agree otherwise. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Small Claims Exception. Either party may bring an individual claim in small claims court if the claim qualifies under that court's jurisdictional limits, provided the claim remains in small claims court and is not removed or appealed to a court of general jurisdiction.

Fees. AAA filing and arbitration fees are governed by the AAA Consumer Arbitration Rules. For claims under $10,000, we will pay all AAA filing fees unless the arbitrator finds your claim frivolous.

Opt-Out. You may opt out of this arbitration agreement by sending written notice to info@plantcareai.app with the subject line "Arbitration Opt-Out" within 30 days of first creating your account. If you opt out, disputes will be resolved in the courts specified in §18 (Governing Law).

20. Class Action Waiver

YOU AND ELLOQUIST LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING.

Unless both parties agree in writing, the arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding. If this class action waiver is found unenforceable with respect to any claim, then the arbitration agreement in §19 shall not apply to that claim, and that claim shall be resolved in the courts specified in §18.

21. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

22. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Elloquist LLC regarding your use of the Service and supersede any prior agreements or understandings.

23. Contact

If you have questions about these Terms, please contact us at info@plantcareai.app.