These Terms of Use ("Terms") constitute a legal agreement between you and GH SERVICOS DIGITAIS LTDA ("GH Apps", "we", "us", or "our") governing your access to and use of Plant Identifier: ID & Care (the "App") and related services (collectively, the "Service").
By downloading, installing, accessing, purchasing, subscribing to, or using the App, you agree to these Terms.
If you do not agree to these Terms, please do not access or use Plant Identifier: ID & Care.
1) Acceptance of Terms
By using the App, you confirm that:
- You have read and understood these Terms;
- You agree to be bound by these Terms;
- You agree to our Privacy Policy, which is available through the App and/or our website;
- You have the legal capacity to enter into these Terms.
If you use the App on behalf of a business or other legal entity, you represent that you have authority to bind that entity to these Terms.
2) Service Description
Plant Identifier: ID & Care is designed to help users identify plants and access plant-related information.
Features may include:
- Plant identification from photos;
- Taking a photo using your device camera or selecting an existing image from your photo library;
- Plant species and botanical information;
- General plant care information, such as watering, lighting, temperature, soil, and similar recommendations;
- Saving identified plants;
- Favorites and personal plant collections;
- Artificial intelligence or automated image recognition features;
- Other plant-related tools and features that may be introduced over time.
Certain results may be generated through automated systems, artificial intelligence, third-party APIs, or machine learning models.
3) Eligibility
You must be at least 13 years old, or the minimum age required under applicable law in your country, to use the App.
If you are under the age of legal majority in your jurisdiction, you may use the App only with the permission of a parent or legal guardian where required.
4) User Accounts and Security
Certain versions or features of the App may use technical accounts, anonymous sessions, authentication identifiers, or other technical mechanisms necessary to provide the Service.
You agree to:
- Use the App only for lawful purposes;
- Maintain reasonable security over your device;
- Prevent unauthorized persons from accessing the App through your device;
- Notify us if you believe your use of the Service has been compromised.
You may contact us at support@ghappsdigital.com .
5) Subscriptions, Purchases and Billing
Some App functionality may require a paid subscription, one-time purchase, or other in-app purchase ("Paid Features").
Purchases made through Apple's App Store are processed by Apple and are subject to Apple's applicable terms and payment policies.
If you purchase an auto-renewable subscription:
- Payment will be charged to your Apple ID account at confirmation of purchase;
- Your subscription may automatically renew unless you disable auto-renewal through your Apple account settings;
- Your account may be charged for renewal before the end of the current subscription period in accordance with Apple's terms;
- You can manage or cancel your subscription through your Apple account subscription settings.
Refunds
Purchases made through the App Store are generally subject to Apple's refund policies and procedures.
GH SERVICOS DIGITAIS LTDA does not directly process App Store refunds unless otherwise required by applicable law.
Pricing Changes
Subscription and purchase prices may change over time. Applicable notifications or consent will be provided where required by Apple or applicable law.
6) User-Provided Content
The App may allow you to submit or provide content such as:
- Plant photos;
- Images from your photo library;
- Plant names;
- Notes;
- Search input;
- Other information related to your use of the Service.
You retain ownership of content you submit.
However, to operate the Service, you grant us a limited, non-exclusive, worldwide, royalty-free license to host, reproduce, transmit, resize, process, and otherwise technically handle submitted content solely as reasonably necessary to:
- Provide the requested Service;
- Generate plant identification results;
- Maintain the App;
- Detect bugs or technical problems;
- Protect the Service against misuse or abuse.
Content Rules
You agree not to submit content that:
- You do not have the legal right to use;
- Violates another person's intellectual property rights;
- Contains illegal content;
- Contains malware or harmful code;
- Attempts to interfere with or exploit the Service;
- Violates the privacy or rights of another person.
7) Camera, Photo Library and Device Storage
Depending on the features you use, Plant Identifier may request access to:
- Camera: to capture plant photos;
- Photo Library: to select plant photos stored on your device;
- Device Storage: to save app-related information and plant records where applicable.
You control these permissions through your device settings.
8) Intellectual Property Rights
The App and Service, including software, code, visual design, graphics, interfaces, branding, logos, text, features, and overall presentation, are owned by or licensed to GH SERVICOS DIGITAIS LTDA.
These materials may be protected by copyright, trademark, and other intellectual property laws.
We grant you a limited, personal, revocable, non-exclusive, non-transferable license to use the App for lawful personal purposes.
You may not:
- Copy or redistribute the App without authorization;
- Sell, rent, lease, sublicense, or commercially exploit the App;
- Reverse engineer the App except where expressly permitted by law;
- Remove proprietary or copyright notices;
- Use our intellectual property without authorization;
- Use the Service to create or train a competing product through unauthorized extraction of our content or functionality.
9) AI Outputs and Plant Information
Plant identification results, plant descriptions, care recommendations, and other information generated or displayed by the App may be produced through artificial intelligence or automated systems.
Identification results are not guaranteed to be accurate. Plant species can look similar, and factors such as image quality, lighting, plant condition, camera angle, growth stage, and other variables may affect identification results.
You acknowledge that:
- Plant identification results may be incorrect;
- Confidence scores may not guarantee accuracy;
- Plant care recommendations may not be suitable for every situation;
- AI-generated content may contain errors or incomplete information.
10) No Professional Advice
Content provided through the App is intended for general educational and informational purposes only.
The Service should not be considered professional botanical, agricultural, medical, veterinary, toxicological, legal, or safety advice.
Do not rely exclusively on Plant Identifier for decisions involving potentially toxic, poisonous, medicinal, edible, invasive, endangered, or otherwise dangerous plants.
If accurate identification is important for health, safety, wildlife, pets, food consumption, agriculture, or legal compliance, consult an appropriately qualified professional.
11) Third-Party Services and APIs
Plant Identifier may rely on third-party services, APIs, software development kits, hosting providers, payment systems, analytics providers, and artificial intelligence providers.
These may include services used for:
- Cloud infrastructure;
- Artificial intelligence;
- Image recognition;
- Authentication;
- Analytics;
- Crash reporting;
- Subscription management;
- Apple App Store billing;
- Customer support.
Third-party services are controlled by their respective providers. Their availability, functionality, policies, and terms may change independently of us.
We are not responsible for third-party outages, interruptions, or changes outside our reasonable control.
12) Prohibited Uses
You agree not to:
- Use the Service for unlawful purposes;
- Violate applicable laws or regulations;
- Interfere with or disrupt the Service;
- Attempt to gain unauthorized access to systems or accounts;
- Circumvent subscriptions or paywalls;
- Exploit bugs or vulnerabilities;
- Send excessive automated requests;
- Scrape or extract protected content without authorization;
- Use malicious software or harmful code;
- Use the Service in a way that harms other users, plants, wildlife, ecosystems, or protected natural areas.
13) Termination
You may stop using the App at any time and may delete it from your device.
We may suspend, restrict, or terminate your access to some or all of the Service if:
- You violate these Terms;
- Your activity threatens the security or operation of the Service;
- Your activity creates legal or regulatory risk;
- You misuse Paid Features;
- We discontinue the Service or relevant functionality.
14) Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.
THIS INCLUDES, TO THE EXTENT PERMITTED BY LAW, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AND AVAILABILITY.
We do not guarantee that:
- The Service will always be available or uninterrupted;
- The Service will be error-free;
- Every plant will be correctly identified;
- AI-generated output will be accurate or complete;
- Plant care recommendations will produce a particular result;
- Every defect or technical issue will be corrected.
15) Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GH SERVICOS DIGITAIS LTDA SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, USE, GOODWILL, PLANTS, BUSINESS OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES.
This includes claims arising out of or related to:
- Your use or inability to use the Service;
- Incorrect plant identification;
- Plant care information or AI-generated recommendations;
- Damage to plants based on information displayed by the App;
- Unauthorized access to your content;
- Third-party services;
- Technical interruptions or data loss.
Where limitations of liability are not permitted under applicable law, such limitations will apply only to the maximum extent legally allowed.
16) Indemnification
To the extent permitted by applicable law, you agree to indemnify and hold harmless GH SERVICOS DIGITAIS LTDA from claims, damages, liabilities, and reasonable costs resulting from:
- Your unlawful use of the Service;
- Your violation of these Terms;
- Your infringement of another person's rights;
- Content you submit in violation of applicable law.
17) Governing Law
These Terms are governed by the laws of the Federative Republic of Brazil, without regard to conflict-of-law principles, except where mandatory consumer protection or other applicable law requires otherwise.
Nothing in these Terms removes rights that cannot legally be waived under applicable consumer protection or privacy laws.
18) Changes to These Terms
We may update these Terms periodically to reflect changes to:
- The Service;
- App functionality;
- Our business practices;
- Applicable laws or regulations;
- Third-party services.
When these Terms are updated, we may revise the "Last Updated" date and, where appropriate, provide notice within the App.
Your continued use of the Service after updated Terms become effective constitutes acceptance of the revised Terms, to the extent permitted by applicable law.
19) Assignment and Transfers
You may not assign your rights or obligations under these Terms without our prior written consent.
We may assign or transfer these Terms in connection with a merger, acquisition, corporate reorganization, asset sale, or similar business transaction, subject to applicable law.
20) Severability
If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, the remaining provisions will continue to remain in effect to the maximum extent permitted by law.
21) Entire Agreement
These Terms, together with our Privacy Policy and any applicable App Store terms, constitute the agreement between you and GH SERVICOS DIGITAIS LTDA regarding your use of Plant Identifier: ID & Care.
22) Contact Information
If you have questions regarding these Terms, please contact:
GH SERVICOS DIGITAIS LTDA
Developer / Owner
Plant Identifier: ID & Care
Brazil
Email:
support@ghappsdigital.com