1.1 Complete Absolution of Responsibility

YOU HEREBY FOREVER DISCHARGE, RELEASE, ACQUIT, AND HOLD HARMLESS LaPlant, its developers, owners, operators, employees, affiliates, partners, licensors, agents, successors, and assigns (collectively, the "Released Parties") FROM ANY AND ALL PAST, PRESENT, AND FUTURE CLAIMS, DEMANDS, LIABILITIES, OBLIGATIONS, DAMAGES, COSTS, EXPENSES, LOSSES, CAUSES OF ACTION, SUITS, AND LEGAL PROCEEDINGS OF EVERY KIND AND NATURE WHATSOEVER, whether known or unknown, anticipated or unanticipated, direct or indirect, arising from or relating to your use of this application.

This release extends to all Released Parties and includes claims based on negligence, strict liability, breach of warranty, breach of contract, misrepresentation, fraud, tort, or any other legal theory, regardless of the severity of the alleged damages or injuries.

1.2 Scope of Absolute Waiver

This absolute waiver includes, but is not limited to, liability for:

• Application Functionality: Software errors, bugs, crashes, freezes, performance degradation, or any failure to operate as expected
• Data Consequences: Data loss, corruption, theft, unauthorized access, modification, or deletion of any kind
• Device/System Damage: Damage to hardware, operating systems, other software, or any computing infrastructure
• Service Interruptions: Downtime, connectivity issues, service termination, or inability to access features
• Content Issues: Inaccurate, misleading, outdated, harmful, or inappropriate information provided by the application
• Financial Losses: Direct or indirect financial damages, lost profits, lost business opportunities, or economic harm of any kind
• Personal Harm: Physical injury, property damage, emotional distress, psychological impact, or reputational harm
• Third-Party Issues: Problems arising from integration with other services, platforms, or third-party content
• Security Breaches: Hacking, data breaches, privacy violations, identity theft, or unauthorized access
• Updates/Changes: Negative consequences from application updates, modifications, or discontinuation of features
• Botanical Advice: Any consequences from following plant care recommendations, identification information, or cultivation advice
• Health Risks: Allergic reactions, poisoning, or any health issues related to plants or plant information provided

1.3 Waiver of Unknown Claims

YOU EXPRESSLY WAIVE AND RELINQUISH ALL RIGHTS UNDER ANY STATUTE OR COMMON LAW PRINCIPLE that would otherwise limit the effect of this release with respect to unknown or unsuspected claims. You acknowledge that you may later discover facts or incur damages currently unknown or unsuspected, and you expressly agree that this release shall apply to all such claims, damages, and facts.

2.1 Absolute Disclaimer of All Warranties

THE APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY. WE EXPRESSLY DISCLAIM ALL WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDING BUT NOT LIMITED TO:

• WARRANTIES OF MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT OF THIRD-PARTY RIGHTS
• ACCURACY, COMPLETENESS, OR RELIABILITY OF INFORMATION
• UNINTERRUPTED OR ERROR-FREE OPERATION
• SECURITY OR FREEDOM FROM VIRUSES OR MALWARE
• CONTINUED AVAILABILITY OR SUPPORT
• COMPATIBILITY WITH YOUR DEVICES OR SYSTEMS
• TITLE OR QUIET ENJOYMENT
• RESULTS OR OUTCOMES FROM USE

2.2 Information Accuracy Disclaimer

We make no warranty regarding the accuracy, completeness, or reliability of any botanical information, plant identification, care instructions, or any other content provided through the application. Plant information may be outdated, incorrect, or incomplete. YOU SHOULD NOT RELY SOLELY ON THIS APPLICATION FOR ANY CRITICAL DECISIONS.

2.3 Third-Party Content and Services

The application may include or integrate with third-party services, content, or links. WE MAKE NO WARRANTIES regarding any third-party content, services, or websites, and we are not responsible for their availability, accuracy, or any consequences arising from your use of them.

3.1 Complete Risk Assumption

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE APPLICATION IS AT YOUR SOLE AND ABSOLUTE RISK. You voluntarily assume all risks associated with:

• Installing and running the application on your devices
• Relying on any information, outputs, or functionality provided
• Integrating the application with other software or services
• Any actions you take based on the application's outputs
• The potential for data loss or system damage
• Following plant care or cultivation advice from the application
• Plant identification and handling based on application information
• Financial transactions or donations made through the application

3.2 User Obligations

YOU AGREE TO:

• Use the application only in accordance with all applicable laws and regulations
• Not attempt to reverse engineer, decompile, or modify the application
• Not use the application for any illegal, harmful, or unauthorized purposes
• Be solely responsible for backing up your data before using the application
• Accept complete responsibility for all consequences of your use
• Verify all plant identifications and information with professional sources
• Not hold us liable for any errors in plant information or recommendations
• Use caution when handling any plants and seek professional advice when needed

3.3 Professional Advice Disclaimer

THIS APPLICATION DOES NOT PROVIDE PROFESSIONAL BOTANICAL, HORTICULTURAL, OR MEDICAL ADVICE. The information provided is for general informational purposes only. You should always consult with qualified professionals for specific advice regarding plant care, identification, toxicity, or any health-related concerns.

4.1 Data Collection and Use

By using LaPlant, you acknowledge and consent to our collection, processing, storage, and use of information you provide or that is generated through your use of the application. This includes but is not limited to:

• Account information (name, email, authentication data)
• Plant data you create, upload, or input
• Photos, images, and multimedia content
• Location data when using GPS features
• Device information and usage analytics
• Payment and transaction information
• Communications and support interactions
• Cookies and tracking technologies

4.2 Data Security Limitations

While we implement reasonable security measures, WE CANNOT AND DO NOT GUARANTEE THE ABSOLUTE SECURITY OF YOUR DATA. No method of transmission over the internet or electronic storage is 100% secure. You acknowledge that data breaches, unauthorized access, or data loss may occur despite our efforts, and you release us from all liability related to such events.

4.3 Third-Party Data Sharing

We may share your information with third-party service providers, payment processors, analytics services, and other partners necessary for the operation of the application. YOU CONSENT TO SUCH SHARING and acknowledge that we are not responsible for the data practices of these third parties.

4.4 Data Retention and Deletion

We may retain your data for as long as necessary for operational, legal, or business purposes. We reserve the right to delete data at any time without notice. YOU ARE RESPONSIBLE FOR MAINTAINING BACKUPS OF ANY DATA YOU VALUE.

5.1 Ownership of Application

All rights, title, and interest in and to the LaPlant application, including all intellectual property rights, are and will remain the exclusive property of Stephen K Adjei and the application's licensors. This includes:

• Software code, algorithms, and architecture
• User interface design and visual elements
• Trademarks, logos, and branding
• Database structure and content organization
• Documentation and instructional materials
• Any improvements, modifications, or derivative works

5.2 Limited License Grant

Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-transferable, revocable license to access and use the application for personal, non-commercial purposes only. This license does not permit you to:

• Reproduce, modify, or create derivative works from the application
• Distribute, sell, lease, or sublicense the application
• Reverse engineer, decompile, or disassemble the application
• Remove or alter any proprietary notices or labels
• Use the application for commercial purposes without written permission

5.3 User-Generated Content

By uploading, submitting, or creating content through the application, you grant us a worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content for any purpose related to the operation and promotion of the application.

5.4 Copyright Infringement Claims

If you believe any content in the application infringes your copyright, please contact us at askadjei@laplant.info with detailed information. We reserve the right to remove content and terminate accounts of repeat infringers at our sole discretion.

6.1 Payment Processing

All payments and donations are processed through third-party payment processors (including but not limited to Stripe). YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR THE PAYMENT PROCESSING SERVICES and that your use of such services is subject to their own terms and conditions.

6.2 Subscription and Access Fees

Certain features may require payment of subscription fees or one-time charges. By subscribing:

• You authorize us to charge your payment method for all applicable fees
• Subscriptions automatically renew unless canceled before the renewal date
• We may change pricing at any time with notice to active subscribers
• ALL PAYMENTS ARE FINAL AND NON-REFUNDABLE except as required by law
• We may suspend or terminate access for non-payment

6.3 Donations

Donations made through the application are voluntary contributions to support LaPlant development and maintenance. A portion (15%) of donations supports parks and gardens in California. Donations are:

• Non-refundable under any circumstances
• Not tax-deductible (consult your tax advisor)
• Not entitlements to any specific services or features
• Made at your own discretion and risk

6.4 Taxes

YOU ARE SOLELY RESPONSIBLE FOR ANY TAXES that may apply to your payments, subscriptions, or donations. Prices do not include any applicable taxes unless explicitly stated.

7.1 Your Indemnification Obligation

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE RELEASED PARTIES from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and court costs) arising from or relating to:

• Your use or misuse of the application
• Your violation of these Terms
• Your violation of any laws, regulations, or third-party rights
• Any content you generate, upload, or submit through the application
• Your interactions with other users or third parties
• Any breach of your representations and warranties
• Any negligent or willful misconduct on your part

7.2 Defense and Settlement

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense. YOU MAY NOT SETTLE ANY CLAIM WITHOUT OUR PRIOR WRITTEN CONSENT.

7.3 Survival of Indemnification

Your indemnification obligations survive the termination of your use of the application and these Terms, and apply to all claims arising at any time, including those discovered after termination.

8.1 Sole and Exclusive Remedy

YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE APPLICATION, OR ANY DISPUTE WITH US, IS TO STOP USING IT AND UNINSTALL IT FROM YOUR DEVICES.

8.2 Exclusion of Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, including but not limited to:

• Lost profits, revenue, or business opportunities
• Lost data, information, or goodwill
• Cost of substitute goods or services
• Business interruption or downtime
• Emotional distress or reputational harm
• Property damage or personal injury
• Unauthorized access to or use of data
• Any other intangible losses

THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY (contract, tort, negligence, strict liability, or otherwise) and EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8.3 Cap on Aggregate Liability

IF, NOTWITHSTANDING ALL OTHER PROVISIONS OF THIS AGREEMENT, WE ARE FOUND LIABLE TO YOU FOR ANY REASON, OUR MAXIMUM AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU HAVE PAID TO US IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) ONE DOLLAR ($1.00 USD).

8.4 Essential Basis of Bargain

You acknowledge that these limitations on liability are a fundamental element of the basis of the bargain between you and us, and that we would not provide the application without these limitations.

9.1 Informal Resolution Requirement

Before initiating any legal proceeding, you agree to first attempt to resolve any dispute informally by contacting us at askadjei@laplant.info with a detailed description of the dispute. We will attempt to resolve the dispute within 30 days.

9.2 Binding Arbitration

IF INFORMAL RESOLUTION FAILS, YOU AGREE THAT ANY DISPUTE SHALL BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION rather than in court, except that you or we may assert claims in small claims court if they qualify. The arbitration shall be:

• Conducted by a single arbitrator
• Administered by the American Arbitration Association (AAA)
• Governed by the Federal Arbitration Act
• Conducted in California, USA (or remotely)
• Subject to AAA rules available at www.adr.org

9.3 Class Action Waiver

YOU WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR ANY REPRESENTATIVE PROCEEDING. All disputes must be brought in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.

9.4 Jury Trial Waiver

YOU WAIVE YOUR RIGHT TO A JURY TRIAL. To the extent that litigation is permitted under these Terms, any dispute shall be decided by a judge without a jury.

9.5 Limitation Period for Claims

YOU MUST COMMENCE ANY LEGAL PROCEEDING WITHIN ONE (1) YEAR after the cause of action arises, or such claim shall be permanently barred. This limitation period applies to all claims, regardless of legal theory.

10.1 Right to Modify Service

WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, to:

• Modify, suspend, or discontinue any aspect of the application at any time
• Change features, functionality, or availability without notice
• Impose usage limits or restrictions
• Remove or modify any content, including user-generated content
• Update system requirements or compatibility

WE SHALL NOT BE LIABLE for any such modifications, suspensions, or discontinuations.

10.2 Modification of Terms

We may update these Terms at any time by posting revised Terms on the application. CHANGES BECOME EFFECTIVE IMMEDIATELY UPON POSTING. Your continued use after changes constitutes acceptance of the modified Terms. We recommend reviewing these Terms periodically.

10.3 Termination by Us

We may immediately terminate or suspend your access to the application, WITHOUT PRIOR NOTICE OR LIABILITY, for any reason, including but not limited to:

• Breach of these Terms
• Violation of laws or third-party rights
• Requests by law enforcement or government agencies
• Extended periods of inactivity
• Technical or security issues
• At our sole discretion for any reason

10.4 Effect of Termination

Upon termination, your right to use the application immediately ceases. We may delete your account and all associated data without liability. ALL PROVISIONS OF THESE TERMS WHICH BY THEIR NATURE SHOULD SURVIVE TERMINATION SHALL SURVIVE, including liability disclaimers, indemnification obligations, and dispute resolution provisions.

11.1 Prohibited Activities

YOU AGREE NOT TO:

• Use the application for any unlawful purpose or in violation of any laws
• Interfere with or disrupt the application's operation or servers
• Attempt to gain unauthorized access to any systems or data
• Transmit viruses, malware, or other harmful code
• Engage in any form of automated data collection (scraping, crawling)
• Impersonate any person or entity, or falsify information
• Harass, threaten, or harm other users
• Upload content that is illegal, offensive, or infringes rights
• Circumvent any security measures or access controls
• Use the application to compete with us or develop similar products
• Resell or commercialize any part of the application

11.2 Content Standards

Any content you submit must not be defamatory, obscene, discriminatory, or otherwise objectionable. We reserve the right to remove any content and terminate accounts that violate these standards, in our sole discretion and without notice.

11.3 Monitoring and Enforcement

We reserve the right (but have no obligation) to monitor use of the application, investigate violations, and take appropriate action including removal of content, suspension of accounts, and cooperation with law enforcement.

12.1 International Availability

The application is controlled and operated from the United States. We make no representation that the application is appropriate or available for use in all locations. IF YOU ACCESS THE APPLICATION FROM OTHER LOCATIONS, YOU DO SO AT YOUR OWN RISK and are responsible for compliance with local laws.

12.2 Export Compliance

The application and related technology may be subject to U.S. export control laws. You agree to comply with all applicable export and import laws and regulations. You represent that you are not located in, under the control of, or a national or resident of any country subject to U.S. embargo.

12.3 Language and Translation

These Terms may be translated into other languages for convenience. IN CASE OF CONFLICT, THE ENGLISH VERSION SHALL PREVAIL.

13.1 Entire Agreement

These Terms, together with any referenced policies or agreements, constitute the entire agreement between you and us regarding the application and supersede all prior agreements, understandings, negotiations, and discussions, whether written or oral.

13.2 Severability

If any provision of these Terms is held to be unenforceable or invalid by a court of competent jurisdiction, such provision will be modified to reflect the parties' intention or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

13.3 No Waiver

Our failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative.

13.4 Assignment

YOU MAY NOT ASSIGN OR TRANSFER THESE TERMS or any rights granted hereunder without our prior written consent. We may freely assign these Terms. Any attempted assignment in violation of this provision is void.

13.5 Third-Party Beneficiaries

Except as expressly stated, these Terms do not create any third-party beneficiary rights. No third party may enforce any provision of these Terms.

13.6 Force Majeure

We shall not be liable for any delay or failure to perform resulting from causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, natural disasters, pandemics, government actions, or internet failures.

13.7 Governing Law and Jurisdiction

THESE TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA AND THE UNITED STATES OF AMERICA, without regard to conflict of law principles. Subject to the arbitration provisions above, you agree to submit to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California.

13.8 Survival

All provisions of these Terms which by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity obligations, limitations of liability, and dispute resolution provisions.

14.1 California Residents

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice:

• The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
• Provider: Stephen K Adjei, Claremont Graduate University
• Electronic contact: askadjei@laplant.info

14.2 DMCA Copyright Policy

We respect intellectual property rights. If you believe your copyrighted work has been infringed, notify us at askadjei@laplant.info with: (1) identification of the copyrighted work, (2) identification of the infringing material, (3) your contact information, (4) a statement of good faith belief, (5) a statement of accuracy under penalty of perjury, and (6) your electronic or physical signature.

14.3 Accessibility

We strive to make the application accessible but make no warranties regarding accessibility compliance. If you encounter accessibility issues, please contact us, though we are under no obligation to remediate such issues.

14.4 Children's Privacy

THE APPLICATION IS NOT INTENDED FOR USERS UNDER THE AGE OF 13. We do not knowingly collect personal information from children under 13. If we learn we have collected such information, we will delete it promptly.

14.5 Government Use

If you are a U.S. government entity, the application is "Commercial Computer Software" and "Commercial Computer Software Documentation" as defined in Federal Acquisition Regulations, and your rights are limited accordingly.