TERMS OF USE

Last updated October 10, 2026

1. Agreement to our legal terms

We are ThurstyPlant ("we", "us", "our"). We operate the mobile application ThurstyPlant (the "App") and any related products and services that refer or link to these legal terms (together, the "Services"). ThurstyPlant is a mobile app that helps you identify your houseplants and reminds you when they need water.

You can contact us by email at thurstyplant@gmail.com. Our postal address is available on request at the same email address.

These terms are a legally binding agreement between you and ThurstyPlant concerning your use of the Services. By using the Services you confirm that you have read, understood and agree to be bound by them. If you do not agree, you must stop using the Services.

We will give you prior notice of changes to these terms. Changes become effective seven (7) days after the notice is given, except changes for security updates, bug fixes or a court order, which are effective immediately. By continuing to use the Services after the effective date, you accept the changed terms. If you disagree, you may stop using the Services and delete your account.

The Services are for users who are at least 18 years old. Persons under 18 may not use or register for the Services. We recommend that you keep a copy of these terms for your records.

2. Our services

The Services are intended for personal, non-commercial use. They are not intended for use in any place where such use would be against the law. If you access the Services from another country, you do so on your own initiative and are responsible for complying with local laws.

The Services are not designed to comply with industry-specific rules such as HIPAA, FISMA or GLBA. If your use would be subject to such laws, you may not use the Services.

3. Intellectual property

We own or license all intellectual property in the Services, including the source code, design, text, graphics, logo and trademarks (the "Content" and "Marks"). They are protected by copyright, trademark and other laws. The Content and Marks are provided "as is" for your personal, non-commercial use only.

Subject to these terms, we grant you a non-exclusive, non-transferable, revocable licence to use the App for your personal, non-commercial use. You may not copy, reproduce, republish, distribute, sell or otherwise exploit the Services, Content or Marks for any commercial purpose without our written permission. To request permission, email thurstyplant@gmail.com. We reserve all rights not expressly granted to you.

4. Your content and submissions

You can add content to the Services, such as plant photos, plant names, rooms and notes ("Your Content"). Your Content stays yours. Your Content is private to your account and is not shown to other users.

You grant us a worldwide, non-exclusive, royalty-free licence to host, store, process, copy, transmit and display Your Content solely as needed to provide and improve the Services for you. This includes sending a photo to our plant-identification provider so that it can identify the plant, and storing your plants and photos in your account. We do not sell Your Content and we do not use it for advertising.

You confirm that Your Content is yours or that you have the right to use it, that it does not infringe anyone's rights, and that it is not illegal, offensive, false or misleading. We may remove any content that breaches these terms. If you send us questions, comments or ideas about the Services ("Submissions"), you agree that we may use them without compensation.

5. User representations and registration

By using the Services you confirm that: (1) the registration information you give is true, accurate, current and complete; (2) you will keep it up to date; (3) you have legal capacity and agree to comply with these terms; (4) you are at least 18 years old; (5) you will not use bots, scripts or other automated means to access the Services; (6) you will not use the Services for any illegal or unauthorised purpose; and (7) your use will not break any law.

You must keep your password confidential and you are responsible for all use of your account. If you give us false information, we may suspend or terminate your account.

6. Purchases and payment

Payments are made through Google Play and, once the App is released on iOS, the Apple App Store. We do not process your payment details ourselves. Prices are shown in euros. Local prices and taxes may be shown in your country.

You agree to provide current, complete and accurate information for all purchases. We may change prices at any time, and will tell you about price changes in line with applicable law. We may correct pricing errors, even after a payment was requested or received.

7. Subscriptions

Billing and renewal. Your subscription continues and renews automatically every month unless you cancel it. You agree that we may charge your payment method on a recurring basis, without asking for approval each time, until you cancel.

Free trial. We offer a 7-day free trial to new users. At the end of the free trial your account is charged according to your chosen subscription, unless you cancel before the trial ends.

Cancellation. You can cancel at any time in Google Play (Payments & subscriptions, then Subscriptions) or in your Apple App Store subscription settings. Cancelling takes effect at the end of the current paid period. Deleting your account in the App does not cancel your subscription; you must cancel it in the store.

Refunds. Refund requests are handled by Google Play or the Apple App Store, according to their refund policies. Your statutory rights as a consumer, including any right of withdrawal, are not affected by these terms.

Fee changes. We may change the subscription fee from time to time and will tell you in line with applicable law.

8. Software and mobile application licence

If you use the App, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use it on devices you own or control, strictly under these terms. You may not: (1) except as allowed by law, decompile, reverse engineer, disassemble or try to get the source code of the App; (2) modify or create derivative works of the App; (3) break any law while using the App; (4) remove any proprietary notices; (5) use the App for any commercial purpose for which it is not designed; (6) make the App available over a network to multiple users at once; (7) use the App to build a competing product; or (8) use the App to send automated queries or unsolicited emails.

Apple and Android devices. If you get the App from the Apple App Store or Google Play (each an "App Distributor"): (1) the licence is limited to devices running iOS or Android as applicable, under the App Distributor's usage rules; (2) we, not the App Distributor, are responsible for support and maintenance; (3) if the App fails to meet an applicable warranty, you may notify the App Distributor, which may refund the purchase price, and otherwise has no warranty obligation; (4) you confirm you are not in a country under a US government embargo and not on a US list of prohibited parties; (5) you must follow the applicable third-party terms when using the App; and (6) the App Distributors are third-party beneficiaries of this section and may enforce it against you.

9. Prohibited activities

You may only use the Services for the purpose we make them available for. As a user you agree not to:

10. Third-party websites and content

The Services may link to websites we do not own (for example the Google Play subscription page or our privacy policy hosting) and may use third-party services such as plant identification, backend hosting and subscription management. We do not control or endorse them and are not responsible for their content, accuracy, or privacy practices. If you leave the Services to use a third-party website, these terms no longer apply and you do so at your own risk.

11. Services management

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these terms; (2) take appropriate action against anyone who breaks the law or these terms, including reporting to law enforcement; (3) refuse, restrict, limit or remove any of Your Content that is excessive in size or burdensome to our systems or that breaches these terms; and (4) otherwise manage the Services to protect our rights and property and to keep them working properly.

12. Privacy policy

We care about data privacy and security. Please review our Privacy Policy: https://toddy3a.github.io/thurstyplant-privacy/. It is part of these terms. The Services are hosted in Ireland, and some of our service providers operate in the United States. If you use the Services from another region, you agree that your data may be transferred to and processed in Ireland and the United States.

13. Sign-in with Google

If you choose to sign in with Google, we receive basic account details (such as your name and email address) from Google to create and manage your account. We do not access your contacts or other Google data. You can stop using sign-in with Google at any time by contacting us or deleting your account. Your relationship with Google is governed by Google's own terms.

14. Copyright infringements

We respect the intellectual property rights of others. If you believe that any material on or through the Services infringes a copyright you own or control, please notify us immediately at thurstyplant@gmail.com. A copy of your notice may be sent to the person who posted the material. You may be liable for damages if you make material misrepresentations, so if you are unsure, consider contacting a lawyer first.

15. Term and termination

These terms remain in force while you use the Services. You may delete your account at any time in the App (Settings, then Delete account). We may suspend or end your access and delete your account and content if you breach these terms or any law, or for other important reasons, with notice where reasonably possible. If we terminate or suspend your account, you may not register a new one. We may take appropriate legal action, including civil and criminal remedies. Nothing in this section limits your statutory rights.

16. Modifications and interruptions

We may change, suspend or discontinue the Services at any time. We do not guarantee that they will always be available. We may have hardware, software or other problems or need to perform maintenance, resulting in interruptions or errors. We will try to give notice of material changes. We are not obliged to maintain, support or update the Services, except as required by law.

17. Governing law and disputes

These terms are governed by the laws of Germany. The United Nations Convention on Contracts for the International Sale of Goods does not apply. If your habitual residence is in the EU and you are a consumer, you also keep the protection of the mandatory provisions of the law of your country of residence. ThurstyPlant and you submit to the non-exclusive jurisdiction of the courts of Germany. As a consumer, you may also bring a claim to defend your consumer protection rights in the EU country in which you live.

The European Commission provides information on consumer redress, including a list of dispute resolution bodies by country. If you would like to bring a matter to our attention, please contact us first at thurstyplant@gmail.com.

18. Corrections

The Services may contain typographical errors, inaccuracies or omissions, including in descriptions, pricing and availability. We may correct them and update information at any time without prior notice.

19. Disclaimer

The Services are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty about the accuracy or completeness of the Services' content, and we are not liable for (1) errors or inaccuracies in the content, (2) personal injury or property damage resulting from your use of the Services, (3) unauthorised access to our servers or personal data stored there, (4) any interruption of the Services, (5) bugs, viruses or the like transmitted through the Services by a third party, or (6) loss or damage from using any content made available through the Services. Nothing in this section limits liability that cannot be excluded by law.

20. Limitation of liability

To the extent permitted by law, 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 Services, even if we were told they were possible. Our total liability to you for any cause, whatever the form of action, is limited to the amount you paid us, if any, during the six (6) months before the cause of action arose. Some laws do not allow these limits, so some of them may not apply to you. In particular, nothing in these terms limits our liability for intent or gross negligence, or for injury to life, body or health, or any other liability that cannot be limited under applicable law.

21. Indemnification

To the extent permitted by law, you agree to defend, indemnify and hold us harmless from any loss, damage, liability, claim or demand, including reasonable legal fees, made by a third party due to: (1) Your Content; (2) your use of the Services; (3) your breach of these terms; (4) your breach of your representations in these terms; (5) your violation of a third party's rights, including intellectual property rights; or (6) any harmful act toward another user. We may take over the defence of any such matter at your expense, and you agree to cooperate. We will use reasonable efforts to tell you about such claims.

22. User data

We keep certain data that you send to the Services to manage how they perform, and data about your use. We make regular backups, but you are responsible for the data you send or that relates to your activity. To the extent permitted by law, we are not liable for loss or corruption of that data.

23. Electronic communications and signatures

Visiting the Services, sending us emails and completing online forms are electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices and other communications we send you electronically satisfy any legal requirement that they be in writing. You agree to the use of electronic signatures, contracts and records, to the extent permitted by law.

24. California users and residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

25. Care guidance disclaimer

ThurstyPlant provides general plant care information, including estimated watering intervals and amounts, based on common horticultural guidance. It is a guide only and is not a substitute for checking your plant and its soil. Real needs depend on factors such as pot size, soil, light, temperature and season. We are not responsible for any damage to or loss of plants resulting from the use of this information.

26. Miscellaneous

These terms and any policies we post on the Services are the entire agreement between you and us. If we do not enforce a right or provision, that is not a waiver of it. We may assign our rights and obligations to others at any time. We are not liable for any loss, damage, delay or failure to act caused by something beyond our reasonable control. If any provision is found unlawful, void or unenforceable, it is separated from these terms and the rest remain valid. No joint venture, partnership, employment or agency relationship is created between you and us by these terms or by use of the Services. These terms will not be read against us because we drafted them. You waive any defences based on the electronic form of these terms and the lack of signatures.

27. Contact us

To resolve a complaint about the Services or to get more information, contact us at:

ThurstyPlant
thurstyplant@gmail.com