Terms of Use

These Terms of Use ("Terms") establish a binding legal agreement between you ("User," "you," or "your") and Axxa Media, LLC ("Axxa Media," "we," "us," or "our"), governing your access to and use of the PlantDr AI mobile application, web properties, APIs, and botanical care utilities (collectively, the "Service").

By downloading, installing, accessing, or using PlantDr AI, you confirm that you have read, understood, and agreed to be legally bound by these Terms. If you do not agree to these Terms, you must discontinue use and uninstall the application immediately.

Operator Details:

• Operating Entity: Axxa Media, LLC (Florida Limited Liability Company)
• Corporate Headquarters: 5005 W. Laurel St, Suite 100, Tampa, Florida 33607 (Attn: Legal Department) [Registered Agent Office placeholder: pending formal counsel filing]
• Legal Inquiries & Official Notices: [email protected]
• Account Support & Security Reports: [email protected]

PlantDr AI is intended for users who are at least 13 years old (or the legal age of digital consent in your jurisdiction).

If you are between 13 and the legal age of majority in your jurisdiction (typically 18), you represent that your parent or legal guardian has reviewed and consented to these Terms on your behalf. Individuals under 13 are prohibited from registering or transmitting data through the application.

Certain features of PlantDr AI—such as maintaining your personal "My Garden" registry, receiving scheduled plant care reminders, and accessing customized feeding schedules—require account registration. We use third-party authentication and identity management services to help secure user accounts, verify identities, and manage authenticated sessions.

A. Accurate Account Information:
You agree to provide true, accurate, current, and complete information during registration and to maintain and promptly update your account profile. Registering with false, deceptive, or misleading information constitutes a violation of these Terms.

B. Responsibility for Credentials & Access:
You are responsible for maintaining the strict confidentiality of your login credentials, passwords, session tokens, and access devices. You agree not to disclose your credentials to any third party. Subject to the company-cause exceptions set forth below, you are responsible for all acts, care records, and transactions conducted under your account.

C. Account Sharing & Transfer Restrictions:
Your account and subscription entitlements are personal to you and strictly non-transferable. You may not sell, rent, lease, sublicense, assign, or share access to your account credentials or paid service tiers with any third party.

D. Unauthorized Access Reporting & Incident Support:
You must notify Axxa Media immediately at [email protected] upon discovering or suspecting any unauthorized account access, credential compromise, or security anomaly. Upon receiving your notice, our support desk will initiate security containment procedures, including invalidating compromised sessions, resetting access tokens, and assisting with verified account recovery.

E. Exceptions to User Responsibility:
You shall NOT be held responsible for unauthorized account access or security breaches that directly result from Axxa Media's failure to maintain reasonable industry-standard administrative, physical, or technical safeguards, from platform-level system vulnerabilities within our control, or from the gross negligence or willful misconduct of Axxa Media or its authorized service providers.

All intellectual property rights in PlantDr AI—including software code, botanical classification algorithms, diagnostic models, symptom scoring pipelines, visual UI designs, and trademarks—are exclusively owned by Axxa Media, LLC and its licensors.

We grant you a personal, non-exclusive, non-transferable, non-sublicensable, revocable license to install and run PlantDr AI on your personal mobile devices solely for non-commercial, personal plant-care and gardening purposes.

PlantDr AI incorporates computer vision algorithms, machine learning models, and multimodal recognition systems delivered via third-party AI technology services and external processing infrastructure to analyze photographs of plant leaves, stems, flowers, and whole plants to assist in species taxonomy identification and botanical health diagnosis.

A. Probabilistic Estimations & Symptom Overlap:
Plant identification and disease diagnoses are computational approximations and statistical predictions. Symptom overlap is widespread in botany: fungal blights, bacterial infections, insect pest damage, root rot, overwatering, nutrient deficiencies (chlorosis), and chemical burns often present identical visible necrotic leaf patterns. Lighting conditions, camera blur, dirty foliage, angle, and stage of infection can significantly alter confidence scores.

B. Evolution of AI Infrastructure & Providers:
Axxa Media utilizes third-party AI technology services and external processing infrastructure to deliver computer vision and diagnostic reasoning. Axxa Media does not operate exclusively with any single artificial intelligence provider; underlying models, technologies, and external processing infrastructure may change, be upgraded, or transition over time to enhance performance, reliability, and security.

C. Decision-Support Boundary:
AI diagnoses do NOT replace in-person examination by certified horticulturalists, certified arborists, or university agricultural extension laboratories. You bear sole responsibility for verifying all plant care decisions before performing physical interventions.

READ THIS CRITICAL BOTANICAL SAFETY SECTION WITH UTMOST ATTENTION.

A. Pesticides, Fungicides, Fertilizers & Chemical Treatments: PlantDr AI may provide informational care guidance and suggest commercial treatments (such as neem oil, copper fungicides, systemic insecticidal soaps, or macro/micronutrient fertilizers).

• User Assumes All Chemical Risks: You are exclusively responsible for reading and strictly adhering to the manufacturer's EPA label instructions, dilution ratios, safety data sheets (SDS), personal protective equipment (PPE) mandates (including gloves, eye protection, and respirators), and local environmental pesticide application laws.
• Test Patch Requirement: Always apply any chemical or home-remedy spray to a single small leaf and wait 48 hours to assess phytotoxicity before treating your entire plant or garden.
• Edible Plants & Pre-Harvest Intervals: Never apply chemicals to fruits, vegetables, or culinary herbs without verifying the strict pre-harvest interval (PHI) and edible safety standards specified by the chemical manufacturer.
• Pollinator Protection: Take active precautions to protect honeybees and native pollinators by never spraying blooming plants with broad-spectrum insecticides or toxic compounds.

B. Plant Toxicity Warnings (Children & Pets): PlantDr AI may display informational toxicity warnings regarding species that contain insoluble calcium oxalate crystals, cardiac glycosides, or toxic alkaloids dangerous to cats, dogs, livestock, or human children (e.g., Philodendron, Dieffenbachia, Lilies, Foxglove, Oleander, Sago Palm).

• Informational Only: These warnings are reference markers and must never be treated as guaranteed botanical toxicology certifications.
• Emergency Protocol: If you suspect that a child or pet has ingested any plant, do NOT rely on the app. IMMEDIATELY contact Human Poison Control (1-800-222-1222 in the US), the ASPCA Animal Poison Control Center (1-888-426-4435), or your local emergency veterinary clinic.

C. Fertilizer Application & Root Burn:
Excess fertilizer application causes irreversible salt accumulation, osmotic root dehydration, and plant death. Follow product manufacturer instructions rather than rough algorithmic estimates. Soil testing (pH, N-P-K) is recommended before applying concentrated amendments.

D. CRITICAL MUSHROOM & WILD FORAGING DISCLAIMER:
NEVER INGEST WILD MUSHROOMS, FUNGI, FORAGED PLANTS, OR WILD BERRIES BASED ON APP IDENTIFICATION. Many lethal fungi (such as Amanita phalloides - Death Cap) closely resemble edible species, and computer vision cannot verify chemical toxin profiles. PlantDr AI is strictly not designed, intended, or certified for edible foraging safety.

PlantDr AI offers an integrated Lux Meter tool and Gardening Forecast utilities.

• Camera Light Measurement: The Lux Meter calculates estimated ambient foot-candles and lux using the mobile device camera light sensor. It provides approximate relative lighting estimates, not certified calibrated photometric measurements.
• Weather Forecasts: Gardening weather forecasts rely on third-party meteorological API data. Axxa Media does not guarantee forecast accuracy or frost warning reliability.

You retain intellectual property rights in photographs of plants and gardens that you upload to PlantDr AI.

By uploading images to the Service, you grant Axxa Media a worldwide, non-exclusive, royalty-free license to store, process, compress, and analyze your photos solely to deliver diagnostic assessments, operate the "My Garden" collection, and maintain system stability. You represent and warrant that your uploaded photos do not violate third-party copyrights, property rights, or privacy rights.

PlantDr AI features a Free tier (ad-supported with rewarded ad health evaluations) and a Premium auto-renewing subscription tier. Premium entitlements unlock unlimited botanical diagnoses, custom feeding schedules, detailed treatment recovery plans, ambient lux metering, and complete ad removal.

In-App Billing & Cancellation:
Subscriptions are processed through the Apple App Store or Google Play Store, managed via third-party subscription management services. You may cancel auto-renewal at any time in your device settings. All refunds are subject strictly to Apple Inc. or Google LLC policies.

You agree not to:

1. Upload photographs of illegal, controlled, or illicit botanical substances in violation of applicable federal, state, or international laws.
2. Reverse engineer, decompile, or extract proprietary botanical diagnostic weights, neural network layers, or internal prompts.
3. Deploy automated scripts or scrapers to harvest botanical reference databases or plant care articles.
4. Attempt to bypass or compromise subscription entitlement checks or security gates.

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, PLANTDR AI AND ALL ASSOCIATED SERVICES, FEATURES, BOTANICAL IDENTIFICATIONS, AND PATHOLOGY DIAGNOSES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS, STATUTORY, OR IMPLIED.

AXXA MEDIA, LLC AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR BOTANICAL OR AGRICULTURAL PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:

1. PLANT IDENTIFICATIONS OR DISEASE DETECTIONS ARE 100% ACCURATE OR RELIABLE;
2. SUGGESTED CULTURAL PRACTICES OR CHEMICAL TREATMENTS WILL CURE ANY BOTANICAL ILLNESS OR PREVENT PLANT LOSS;
3. THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR
4. THE SERVICE WILL OPERATE WITHOUT DATA LOSS OR SERVICE INTERRUPTIONS.

You are advised to maintain independent records of valuable specimen plants.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AXXA MEDIA, LLC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON OUR APPLICATIONS, SERVICES, ARTIFICIAL INTELLIGENCE FEATURES, RECOMMENDATIONS, ANALYSES, OR GENERATED CONTENT.

THIS INCLUDES, WITHOUT LIMITATION, DAMAGES ARISING FROM INACCURATE OR INCOMPLETE INFORMATION, SERVICE INTERRUPTIONS, LOSS OF DATA, LOSS OF PROFITS, OR THIRD-PARTY CONTENT, TO THE EXTENT SUCH EXCLUSIONS ARE PERMITTED BY APPLICABLE LAW.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

You agree to defend, indemnify, and hold harmless Axxa Media, LLC, its affiliates, managers, members, officers, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, and reasonable attorneys' fees arising out of or related to:

1. Your access to or use of PlantDr AI;
2. Any photographs, garden records, or content you upload or transmit;
3. Your violation or alleged breach of any provision of these Terms or Community Guidelines;
4. Your application, handling, dilution, or storage of any chemical pesticides, fungicides, herbicides, or fertilizers;
5. Any crop failure, chemical phytotoxicity, property damage, or poisoning incident occurring on your premises or under your care; or
6. Your violation of any applicable environmental pesticide regulation, agricultural quarantine directive, or third-party intellectual property or privacy right.

Axxa Media reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate fully with Axxa Media in asserting any available defenses.

DISPUTE RESOLUTION AND ARBITRATION

Informal Dispute Resolution:
Before initiating arbitration or small claims proceedings, users are provided a reasonable opportunity to contact Axxa Media at [email protected] to seek an informal resolution. Axxa Media will engage in good faith to resolve concerns promptly. This informal dispute resolution procedure does not impose a mandatory waiting period, nor does it suspend, shorten, or conflict with any applicable statutory deadline or mandatory consumer right.

To the extent permitted by applicable law, any dispute, controversy, or claim arising out of or relating to these Terms or the Services that cannot be resolved informally shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its applicable Consumer Arbitration Rules.

Arbitration shall be conducted remotely, by telephone, through written submissions, or at a location determined in accordance with the applicable AAA rules and consumer protections.

These Terms shall be governed by the laws of the State of Florida, without regard to conflict-of-law principles, except where applicable federal law or mandatory consumer protection laws require otherwise.

Nothing in this provision shall prevent either party from pursuing claims in small claims court where permitted by applicable law or exercising rights that cannot lawfully be waived.

Questions concerning these Terms of Use and operational contacts:

• Account Support & Security Reports: [email protected]
• General Legal Inquiries & Official Notices: [email protected]
• Physical Legal Notice Address: 5005 W. Laurel St, Suite 100, Tampa, Florida 33607 (Attn: Legal Department) [Registered Agent Office placeholder: pending formal counsel filing]
• Repository Governance: Effective: January 1, 2026 | Last Updated: October 14, 2026