Terms of Service

1. Agreement & acceptance

These Terms of Service ("Terms") form a binding agreement between you and Two Nodes Three Leaves LLC, a Texas limited liability company ("we," "us," or "our"), governing your use of the Plant Keeper Journal app (the "App") and the website at plantkeeperjournal.com (the "Site"). By downloading, accessing, or using the App or Site, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the App or Site.

2. Eligibility & age

The App and Site are not directed to children under 13, and you may not use them if you are under 13. If you are between 13 and the age of majority where you live, you may use the App only with the involvement and consent of a parent or legal guardian. You must be at least 18 (or the age of majority in your jurisdiction) to purchase a subscription or otherwise enter into a contract with us. By using the App or Site, you represent that you meet these requirements.

3. Terms of Use (EULA) and your license to use the app

End User License Agreement. Your use of the App is licensed to you under Apple's Licensed Application End User License Agreement (the "Standard EULA"). These Terms of Service supplement the Standard EULA; together they are the Terms of Use of the App. If anything in these Terms conflicts with the Standard EULA, the Standard EULA prevails.

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable license to download and use the App for your own personal, non-commercial use on Apple-branded devices that you own or control, as permitted by the Apple App Store's Usage Rules and Apple's standard Licensed Application End User License Agreement.

You agree not to, and not to permit anyone else to: copy, modify, or create derivative works of the App; reverse engineer, decompile, or attempt to extract the source code (except where this restriction is prohibited by law); rent, lease, lend, sell, redistribute, or sublicense the App; or remove or alter any proprietary notices.

4. Subscriptions & payments

Subscription plans

Plant Keeper Journal is a subscription-based app, offered as an auto-renewing subscription in three plans: a weekly plan, a monthly plan, and an annual plan. There is no permanently free version of the App, though some plans include an introductory free trial as described below. Prices are shown in the App and may vary by region; we may change prices going forward, and any change will apply only to future billing periods.

Free trials

Some plans include an introductory free trial — currently 3 days on the monthly plan and 2 weeks on the annual plan, while the weekly plan has no trial. The trial length is shown in the App before you subscribe and may change over time. Unless you cancel at least 24 hours before your free trial ends, the trial automatically converts to a paid subscription and your Apple ID is charged the plan's price. Any unused portion of a free trial is forfeited when you start a paid subscription. You can cancel at any time during the trial in your Apple ID settings.

Billing through Apple

All purchases are sold and processed by Apple through In-App Purchase and billed to your Apple ID. Subscriptions automatically renew at the then-current price unless you cancel at least 24 hours before the end of the current period. You can manage or cancel your subscription in your Apple ID account settings; we are not able to cancel it for you.

Refunds

Because Apple processes payment, refunds are handled by Apple in accordance with Apple's policies. We do not process payments and generally cannot issue refunds directly.

If your subscription ends

If your paid subscription lapses or is canceled, your existing collection is never deleted or hidden. You can still view your plants, photos, and entries; edit existing text such as notes and tags; delete content; and export your data at any time. Adding new content — such as new plants, photos, or entries — requires an active subscription. Resubscribing restores full access, including the ability to add new content.

5. Your content & your responsibility

You own your content. The photos, notes, records, and other material you create in the App ("Your Content") belong to you. Your Content is stored locally on your devices and, if you turn on Sync with iCloud, in your own iCloud account with Apple. We do not host, access, monitor, control, or moderate it.

The App is a tool. We provide a tool that lets you document your plants. What you choose to do with that tool — what you photograph, write, record, export, and share — is entirely your choice and your responsibility. You are solely responsible for:

• Your Content and everything you capture, store, or create with the App;
• Ensuring you have all necessary rights and permissions for anything you photograph or include, and that it does not infringe anyone's rights or violate any law;
• How you use, export, publish, or share Your Content; and
• Your compliance with all laws that apply to you and your use of the App.

Exports and sharing are on you. The App lets you export and share Your Content. Once you export or share it, it leaves the App and our control entirely, and we are not responsible for what you or anyone else does with it afterward. We do not endorse and are not responsible for Your Content.

6. Data, backups & loss

Because Your Content is stored on your own devices, you are responsible for keeping your own backups — for example, by using the App's archive feature and your device's own backup tools. Sync with iCloud keeps your devices the same, but it is not a backup: deleting something on one device deletes it on all of them. We do not store a copy of Your Content and cannot recover it if your device is lost, damaged, reset, or if the App is deleted, or if you remove its data from iCloud. To the fullest extent permitted by law, we are not responsible for any loss of or inability to access Your Content.

7. Acceptable use

You agree not to use the App or Site to break the law, to infringe others' rights, or to interfere with, disrupt, probe, or attempt to gain unauthorized access to the App, Site, or their systems. You agree not to misuse our email sign-up or submit anyone's information other than your own.

8. Our intellectual property

The App, the Site, and everything in them other than Your Content — including the "Plant Keeper Journal" name, the "Two Nodes Three Leaves" name, logos, designs, text, graphics, and software — are owned by Two Nodes Three Leaves LLC or its licensors and are protected by intellectual property laws. Except for the limited license in Section 3, these Terms grant you no rights to our intellectual property.

9. Disclaimers

THE APP AND SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP OR SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY CONTENT OR DATA WILL BE PRESERVED OR FREE FROM LOSS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY EXCLUSIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

10. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, TWO NODES THREE LEAVES LLC AND ITS OWNERS, MEMBERS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, CONTENT, PROFITS, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF (OR INABILITY TO USE) THE APP OR SITE, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE APP OR SITE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) US $100. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIABILITY LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

11. Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless Two Nodes Three Leaves LLC and its owners, members, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or relating to Your Content, your use of the App or Site, or your breach of these Terms.

12. Governing law & dispute resolution

Governing law. These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules.

Individual arbitration. Except as noted below, you and we agree to resolve any dispute relating to these Terms, the App, or the Site through binding individual arbitration administered by the American Arbitration Association under its applicable consumer rules, rather than in court. The arbitration will be held in, or by the rules applicable to, Collin County, Texas, or conducted remotely where available.

Class-action waiver; jury waiver. You and we agree that disputes will be brought only in an individual capacity, and not as a plaintiff or class member in any class, collective, or representative action. To the extent permitted by law, you and we waive any right to a jury trial.

Exceptions. Either party may bring an individual claim in small-claims court, and either party may seek injunctive relief in court to protect its intellectual property. If the class-action waiver is found unenforceable as to a particular dispute, that dispute (and only that dispute) will proceed in the state or federal courts located in Collin County, Texas, and you and we consent to that jurisdiction.

30-day opt-out. You may opt out of this arbitration agreement by emailing support@plantkeeperjournal.com within 30 days of first accepting these Terms, with your name and a statement that you opt out of arbitration. Opting out will not affect any other part of these Terms.

Nothing in this section limits any mandatory legal rights you have as a consumer that cannot be waived under the law that applies to you.

13. Apple App Store additional terms

These Terms are between you and Two Nodes Three Leaves LLC only, and not with Apple. Apple is not responsible for the App or its content. Apple has no obligation to provide any maintenance or support for the App. In the event the App fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any) for the App; to the maximum extent permitted by law, Apple has no other warranty obligation. Apple is not responsible for addressing any claims relating to the App, including product-liability, legal or regulatory, or consumer-protection claims, or claims that the App infringes a third party's intellectual property rights; such claims are governed by these Terms and are our responsibility, not Apple's. You represent that you are not located in a country subject to a U.S. Government embargo or designated as "terrorist supporting," and that you are not on any U.S. Government list of prohibited or restricted parties. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

14. Changes & termination

We may update these Terms from time to time. When we do, we will update the "Last updated" date, and your continued use after changes take effect means you accept the updated Terms. We may suspend or end your access to the App or Site if you breach these Terms; you may stop using the App at any time by uninstalling it.

15. General

These Terms and the Privacy Policy are the entire agreement between you and us regarding the App and Site. If any provision is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets.

16. Contact