By using Pocket Gardener (listed on the App Store as "Pocket Gardener - Journal") ("App"), you agree to these Terms of Service ("Terms"). If you do not agree, do not use the App.
These Terms constitute a legally binding agreement between you and Talent Bottle, Inc. ("Company," "we," "our," or "us").
You must be at least 13 years old (or 16 in the European Economic Area) to use the App. By using the App, you represent that you meet this age requirement. If you are under 18, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.
To use the App, you must create an account. You agree to:
You may not share your account credentials or allow others to access your account. We reserve the right to disable accounts that we reasonably believe have been compromised.
Talent Bottle, Inc. grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use the App for personal, non-commercial gardening purposes, subject to these Terms.
You may not:
All rights not expressly granted are reserved by Talent Bottle, Inc. The App, its design, code, content, and all associated intellectual property are owned by Talent Bottle, Inc. and protected by copyright, trademark, and other intellectual property laws.
You retain ownership of your content (photos, journal entries, garden data).
By uploading content, you grant us a non-exclusive, worldwide, royalty-free license to process, store, transmit, and display your content as necessary to provide and improve the service. Public posts grant us an additional license to display and distribute within the App.
You represent that you have all necessary rights to the content you upload and that your content does not infringe on any third party's intellectual property or other rights.
You may delete your content at any time. Upon deletion, we will remove your content from our systems within 30 days, except for anonymized aggregate data and content that has been shared publicly by you.
Users may not:
We reserve the right to investigate violations and take appropriate action, including suspending or terminating accounts, removing content, and reporting illegal activity to law enforcement.
The App offers a free tier with core features. Premium features (including Garden Intelligence) require a paid subscription.
To manage or cancel your subscription, visit your Apple App Store or Google Play account settings.
By you: You may delete your account at any time from within the App under Menu > Legal > Delete Account. Account deletion permanently removes all personal data, garden data, photos, and journal entries within 30 days. This action cannot be undone. Active subscriptions must be canceled separately through your platform's account settings.
By us: We may suspend or terminate your account if you violate these Terms, if required by law, or if we discontinue the service. We will make reasonable efforts to notify you in advance. Upon termination by us, you will be given a reasonable opportunity to export your data unless termination is due to illegal activity.
We strive to keep the App available but do not guarantee uninterrupted access. The App may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control. We may modify, suspend, or discontinue features at any time with reasonable notice where practicable.
The App relies on third-party infrastructure and services (including cloud hosting, AI processing, and payment platforms). We are not responsible for outages, data loss, or service changes caused by third-party providers. See our Privacy Policy for details on which services we use and what data is shared.
The App provides gardening information for general reference only. We do not guarantee:
Garden data and recommendations are for informational purposes only and do not constitute professional agricultural, horticultural, or landscaping advice. Use at your own risk. Always verify critical growing decisions with local extension services or qualified professionals.
The App uses artificial intelligence to extract data from seed packet photos and generate garden insights and recommendations. Automated outputs:
We are not liable for any actions taken based on AI-generated content.
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
The App is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
Talent Bottle, Inc. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to: crop failure, financial loss, property damage, data loss, loss of profits, or loss of goodwill.
In no event shall Talent Bottle, Inc.'s total aggregate liability exceed the greater of (a) the amount you paid to us in the twelve (12) months preceding the event giving rise to the claim, or (b) fifty US dollars ($50).
Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, our liability is limited to the maximum extent permitted by law.
You agree to indemnify, defend, and hold harmless Talent Bottle, Inc., its officers, directors, employees, agents, and affiliates from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising from:
Arbitration: Any dispute arising from these Terms or your use of the App shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. Arbitration will be conducted in New Jersey or remotely at your election. Each party shall bear its own costs, except that the Company will pay arbitration filing fees if required by AAA rules.
Class Action Waiver: You agree that disputes will be resolved on an individual basis only. You waive the right to participate in a class action, class arbitration, or any other representative proceeding.
Jury Trial Waiver: You waive the right to a jury trial.
Exceptions: Either party may bring claims in small claims court if eligible. Nothing in this section prevents either party from seeking injunctive relief in court for intellectual property infringement or unauthorized access.
Opt-out: You may opt out of this arbitration provision by sending written notice to nirav.patel@talentbottle.com within 30 days of first accepting these Terms.
These Terms are governed by the laws of the State of New Jersey, United States, without regard to conflict of law principles.
We shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to: natural disasters, pandemics, war, terrorism, government actions, power failures, internet disruptions, or third-party service outages.
Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Talent Bottle, Inc. regarding the App and supersede all prior agreements.
Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
Waiver: Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.
Assignment: You may not assign or transfer your rights under these Terms. We may assign our rights and obligations without restriction.
Electronic Communications: By using the App, you consent to receive communications from us electronically (including email and in-app notifications). You agree that all agreements, notices, and disclosures provided electronically satisfy any legal requirement that such communications be in writing.
We may update these Terms periodically. We will notify you of material changes through the App or by email at least 30 days before the changes take effect. The "Effective Date" at the top will be updated accordingly. Continued use of the App after changes take effect constitutes acceptance of the updated Terms. If you do not agree to the changes, you should stop using the App.
Talent Bottle, Inc.
New Jersey, USA
nirav.patel@talentbottle.com