1. Acceptance of Terms

By accessing or using the LeafWise application and website (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to all of these Terms, do not use the Service. We may modify the Terms at any time, and such modifications will be effective immediately upon posting the modified Terms. Your continued use of the Service will mean you accept the new Terms.

2. Description of Service

LeafWise provides an AI-powered platform for plant identification, care information, disease diagnosis, and related features. The Service is for informational and educational purposes only. While we strive for accuracy, information provided by the AI (including identifications, care tips, and diagnoses) should not be considered a substitute for professional botanical or horticultural advice.

3. User Accounts

To access certain features of the Service, you may be required to create an account. You are responsible for maintaining the confidentiality of your account information, including your password, and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, false, or misleading.

4. User Conduct and Responsibilities

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

• Upload or transmit any content that is unlawful, harmful, defamatory, obscene, or otherwise objectionable.
• Attempt to gain unauthorized access to the Service, other user accounts, or our computer systems.
• Use the Service in any manner that could disable, overburden, damage, or impair the Service.
• Upload images or content that infringe upon the intellectual property rights of others.
• Use any automated system, including "robots," "spiders," or "offline readers," to access the Service in a manner that sends more request messages to our servers than a human can reasonably produce in the same period by using a conventional on-line web browser.

5. Intellectual Property

The Service and its original content (excluding content provided by users, such as uploaded images), features, and functionality are and will remain the exclusive property of LeafWise and its licensors. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

By uploading images or other content to the Service, you grant LeafWise a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the Service and our business, including for the purpose of improving our AI models and the Service. You represent and warrant that you have all necessary rights to grant us this license.

6. AI Features Disclaimer

The AI-powered features of LeafWise, including plant identification, care tip generation, and disease diagnosis, are provided for informational purposes. While we strive for high accuracy, AI is not infallible. Identifications may not always be correct, and care or diagnostic information should be considered as suggestions, not definitive advice. Always consult with a qualified professional for critical plant health issues or if you are unsure about any information provided.

7. Subscription Services (LeafWise Pro)

Certain features of the Service may be offered under a subscription plan ("LeafWise Pro"). By subscribing to LeafWise Pro, you agree to pay the applicable subscription fees. Payments are processed through a third-party payment processor (e.g., Stripe). All payment terms are governed by the terms of our payment processor. Subscriptions may auto-renew unless cancelled. You can manage or cancel your subscription through your account settings or the platform where you made the purchase.

8. Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service or delete your account through the profile settings.

9. Disclaimer of Warranties

The Service is provided on an "AS IS" and "AS AVAILABLE" basis. Your use of the Service is at your sole risk. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

10. Limitation of Liability

In no event shall LeafWise, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.

11. Governing Law

These Terms shall be governed and construed in accordance with the laws of [Your Jurisdiction - e.g., State of California, USA], without regard to its conflict of law provisions. You should replace "[Your Jurisdiction]" with the actual jurisdiction applicable to your app.

12. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.

13. Contact Us

If you have any questions about these Terms, please contact us via our Contact Page or email at terms@leafwise.app.