Terms of Service

1. Acceptance and Eligibility

You accept these Terms by creating an account, accessing the Platform, or otherwise indicating acceptance through any means we make available. If you accept these Terms on behalf of a business, professional firm, or other entity, you represent that you have authority to bind that entity.

You must be at least eighteen years old to create an account. Users between thirteen and seventeen may use account-based features only with the consent and supervision of a parent or legal guardian who has accepted these Terms on the minor's behalf. The Platform is not directed to children under thirteen and is intended for users in the United States.

2. The Platform; Beta Status

The Platform supports the planning, sourcing, and management of plant projects. Features may include project planning tools, planting list management, geographic and mapping tools, plant reference information, a directory of nurseries and other plant sources, and tools for uploading and organizing project files and photographs.

The Platform is currently offered on a soft-launch, preview, or beta basis. Features, content, performance, and availability may change at any time without notice. The Platform may contain bugs, errors, or inaccuracies, including in Plant Information and the Nursery Directory. Project data, planting plans, photographs, and other content may be lost, corrupted, or unavailable. You should maintain independent backup copies of important content and should not rely on the Platform as your sole source of information for any project, design, sourcing, regulatory, or other decision.

During the current soft-launch phase, the Platform does not facilitate the sale or resale of plants, does not process payments for plants, and does not act as a broker, dealer, marketplace, or intermediary for any plant transaction. Any transaction with a nursery or other source identified through the Platform is solely between you and that third party.

3. Accounts

Certain features require an account. You agree to provide accurate, current, and complete information when registering and to keep it updated. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account.

We may suspend, restrict, or terminate your account at any time, with or without notice, if we believe you have violated these Terms, engaged in conduct that may harm us or others, or that suspension or termination is necessary to protect the integrity of the Platform.

4. License and Restrictions

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform for your personal or internal business purposes.

You shall not reverse engineer, copy, modify, sell, resell, rent, lease, sublicense, distribute, or transfer the Platform or access to it; use it to build or operate a competing product; remove proprietary notices; use automated means to access, monitor, copy, or extract Platform content; use Platform data to train or develop artificial intelligence or machine learning models without prior written consent; interfere with Platform security or operation; attempt unauthorized access; or use the Platform for unlawful or harmful purposes.

5. User Content

You may upload, post, or otherwise make content available through the Platform, including text, photographs, drawings, project data, planting lists, project plans, site information, mapping data, comments, and feedback. You retain whatever ownership rights you have in your User Content.

You grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, display, modify, distribute, store, and process your User Content to operate, maintain, support, and improve the Platform, create aggregated or de-identified information, and respond to legal process. This license includes the right to use User Content to train and improve machine learning models, plant identification systems, and recommendation systems used to provide or improve the Platform, where you have not opted out through controls we may make available.

Photographs and image files often contain embedded metadata, including location coordinates, date and time stamps, and device information. When you upload a photograph, that metadata may be transmitted, stored, and, depending on the feature used and your privacy settings, displayed to other users. You are responsible for reviewing and, if appropriate, removing embedded metadata before uploading.

You represent that you have all rights, licenses, and consents necessary to submit User Content and grant these licenses, that your User Content does not violate law or third-party rights, and that you have the right to upload any project, client, or site information consistent with professional obligations.

If you submit feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free, sublicensable, and transferable license to use and exploit that feedback without attribution or compensation. We may review, remove, or refuse User Content at our discretion.

6. Acceptable Use

You agree not to upload, post, transmit, or engage in conduct that is unlawful, fraudulent, deceptive, threatening, harassing, defamatory, or otherwise objectionable; infringes third-party rights; contains harmful code; constitutes spam or unauthorized commercial solicitation; impersonates others; discloses precise locations of rare, threatened, or endangered species in a way that could facilitate harm; interferes with Platform operation; or violates applicable law.

We may investigate suspected violations and take appropriate action, including removing content, suspending or terminating accounts, cooperating with law enforcement, and pursuing legal remedies.

7. Plant Information; Nursery Directory; Assumption of Risk

Plant Information available through the Platform is provided for general informational and reference purposes only. We do not represent or warrant the accuracy, currency, completeness, or suitability of Plant Information for any purpose. Many plants are toxic to humans and animals and many have toxic look-alikes. You shall not rely on the Platform to determine whether any plant or plant part is safe to touch, handle, ingest, prepare, or otherwise use.

Federal, state, and local laws may regulate or prohibit collection, propagation, sale, transport, or planting of certain species, including invasive, noxious, prohibited, threatened, endangered, or otherwise protected species. You are solely responsible for verifying regulatory status before engaging in any restricted activity.

Listings in the Nursery Directory are based on self-reported information or publicly available sources. Inclusion does not constitute endorsement, recommendation, certification, or guarantee of any nursery, supplier, professional, person, entity, plant quality, service, qualification, or regulatory compliance.

The Platform is not a substitute for professional judgment. Licensed professionals using the Platform for client services are solely responsible for verifying information before relying on it for sealed, signed, certified, or other professional deliverables and for complying with professional standards and standards of care.

You expressly assume all risks arising out of use of the Platform and decisions taken in reliance on it, including plant misidentification, plant failure, project failure, regulatory violations, exposure to toxic plants, harm to non-target species, ecological harm, and economic loss.

8. Intellectual Property; Copyright Complaints

The Platform, including software, designs, user interfaces, content other than User Content, the Nursery Directory, Plant Information, and related intellectual property rights are owned by us or our licensors. Except for the limited license granted in these Terms, no ownership or rights are transferred to you.

EcoPlantHub, 81 Degrees Engineering, and related names, logos, and slogans are trademarks of the Operator or its affiliates. You may not use these trademarks without prior written permission.

If you believe content on the Platform infringes your copyright, send a written notice to our designated agent at info@81degrees.com with your signature, identification of the copyrighted work, identification of the allegedly infringing material, contact information, a good-faith statement that the use is not authorized, and a statement under penalty of perjury that the information is accurate and you are authorized to act on behalf of the copyright owner.

9. Disclaimer of Warranties

The Platform and all content, information, and services available through it are provided on an "as is" and "as available" basis, with all faults and without any warranty of any kind. To the maximum extent permitted by law, we and our affiliates, licensors, suppliers, and service providers disclaim all express, implied, statutory, and other warranties, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, completeness, quiet enjoyment, uninterrupted use, and freedom from defects, errors, or harmful components.

We do not represent or warrant that the Platform will meet your requirements, be available or uninterrupted, be secure or error-free, correctly identify or classify any plant, accurately reflect availability or qualifications of any listed person or entity, or produce any particular project result.

10. Limitation of Liability

To the maximum extent permitted by law, the Operator Parties will not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages, or for loss of profits, revenue, business, goodwill, data, opportunity, plants, project failure, regulatory penalties, professional liability exposure, or business interruption arising out of these Terms or the Platform.

To the maximum extent permitted by law, aggregate liability of the Operator Parties for all claims arising out of these Terms or the Platform shall not exceed the greater of the amounts paid by you to the Operator during the twelve months preceding the event giving rise to liability or one hundred dollars.

11. Indemnification

You agree to indemnify, defend, and hold harmless the Operator Parties and their officers, managers, members, employees, agents, contractors, successors, and assigns from claims, losses, liabilities, settlements, judgments, costs, and expenses arising out of your use of the Platform, User Content, breach of these Terms, violation of law or third-party rights, or decisions, actions, or omissions made in reliance on the Platform.

We will provide notice of any claim for which indemnification is sought and may control the defense with counsel of our choosing. You may not settle any claim in a manner that imposes liability or obligation on the Operator Parties without prior written consent.

12. Term and Termination

These Terms remain in effect while you use the Platform. You may terminate by closing your account and ceasing to use the Platform. We may terminate or suspend access at any time, with or without cause and with or without notice. Upon termination, your license ends and you must stop using the Platform. Provisions that by their nature should survive will survive termination.

13. Governing Law and Dispute Resolution

These Terms and any dispute arising out of or related to them or the Platform are governed by the laws of the State of Florida and, to the extent applicable, the laws of the United States.

Before initiating formal legal action, you agree to first contact us and provide a written description of the dispute. The parties shall negotiate in good faith for at least thirty days following notice before initiating formal action.

Subject to informal resolution, actions shall be brought exclusively in state courts located in Volusia County, Florida, or in the United States District Court for the Middle District of Florida. To the maximum extent permitted by law, disputes shall be resolved on an individual basis only, and each party waives any right to trial by jury. Any claim must be brought within one year after the cause of action accrues. The prevailing party is entitled to recover reasonable attorneys' fees and costs.

14. Changes to the Platform and to These Terms

We may modify, suspend, or discontinue the Platform or any portion of it at any time, with or without notice. We may modify these Terms by posting modified Terms on the Platform and updating the Effective Date. Material changes will be communicated through the Platform or by other reasonable means. Continued use after the effective date constitutes acceptance.

15. General Provisions

These Terms, together with our Privacy Policy and referenced policies, constitute the entire agreement between you and us regarding the Platform. If any provision is held invalid, illegal, or unenforceable, it will be modified to the minimum extent necessary and remaining provisions will remain in effect.

No waiver is effective unless in writing. You may not assign these Terms without prior written consent. We may assign these Terms, in whole or in part, including the license granted to us with respect to User Content, at any time without notice, including in connection with a merger, acquisition, reorganization, sale of assets, or formation of a successor entity.

These Terms create no third-party beneficiary rights. We will not be liable for delay or failure in performance caused by circumstances beyond our reasonable control. You consent to receive communications electronically. Headings are for convenience only.

16. Contact

You may contact us regarding the Platform or these Terms at info@81degrees.com. Notices regarding alleged copyright infringement should be sent to the designated agent at the contact information set forth above.