1. Acceptance of Terms

By accessing or using Fernly ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use the Service.

2. Description of Service

Fernly is an AI-powered garden planning platform that provides:

Personalized plant recommendations based on your garden conditions
Plant disease diagnosis through image analysis
Care scheduling and reminders
Weather-based watering recommendations
Pet safety information for plants
Garden visualization tools

3. User Accounts

To access certain features, you must create an account. You agree to:

Provide accurate and complete registration information
Maintain the security of your password and account
Notify us immediately of any unauthorized access
Be responsible for all activities under your account

4. Subscription Plans and Payments

4.1 Plans

Fernly offers Free, Pro, and Team subscription plans. Features and limits vary by plan. Current pricing and features are available on our website.

4.2 Billing

Paid subscriptions are billed in advance on a monthly or yearly basis
All payments are processed securely through Stripe
Prices are in USD and may change with notice

4.3 Cancellation and Refunds

You may cancel your subscription at any time through your account settings
Cancellation takes effect at the end of the current billing period
We do not provide refunds for partial billing periods
We may offer refunds at our discretion for exceptional circumstances

5. User Content

You retain ownership of content you upload (photos, text, data). By uploading content, you grant us a license to use it to provide the Service. You represent that:

You own or have rights to the content you upload
Your content does not violate any laws or third-party rights
Your content is appropriate and not harmful

6. Acceptable Use

You agree not to:

Use the Service for any illegal purpose
Attempt to gain unauthorized access to our systems
Interfere with or disrupt the Service
Upload malicious content or malware
Use automated means to access the Service without permission
Resell or redistribute the Service without authorization
Harass, abuse, or harm others through the Service

7. AI-Generated Recommendations

Our plant recommendations and diagnoses are generated using AI technology. Please note:

Recommendations are for informational purposes only
AI analysis may not be 100% accurate
Always verify plant identification before consumption
Consult local experts for region-specific advice
We are not liable for outcomes based on our recommendations

8. Pet Safety Information

Our pet toxicity information is provided for general guidance. We strongly recommend:

Consulting your veterinarian for pet safety questions
Verifying plant toxicity with authoritative sources (ASPCA, etc.)
Taking immediate action if you suspect pet poisoning

We are not liable for any harm to pets resulting from use of our information.

9. Intellectual Property

The Service and its original content (excluding user content) are owned by Fernly and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, or distribute our content without permission.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FERNLY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE PAST 12 MONTHS.

12. Indemnification

You agree to indemnify and hold harmless Fernly and its officers, directors, employees, and agents from any claims, damages, or expenses arising from your use of the Service or violation of these Terms.

13. Termination

We may terminate or suspend your account at any time for violations of these Terms or for any other reason at our discretion. Upon termination, your right to use the Service will immediately cease.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms and updating the "Last updated" date. Your continued use of the Service after changes constitutes acceptance of the new Terms.

15. Governing Law

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

16. Contact Us

If you have any questions about these Terms, please contact us at:

Email: [email protected]
General inquiries: [email protected]