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Garden Grow Pilot by Protoswarm Limited
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Terms & Conditions

Effective Date: 7 December 2025

📋 Agreement: By downloading, installing, or using Garden Grow Pilot, you agree to be bound by these Terms & Conditions. If you do not agree, please do not use the App.

Table of Contents

1. Definitions

2. Acceptance of Terms

By accessing or using Garden Grow Pilot, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions and our Privacy Policy.

⚠️ MANDATORY AGREEMENT: By using this App, you explicitly agree to assume all risks and waive all claims of liability against Protoswarm Limited. You acknowledge that we have ZERO LIABILITY for any damages, losses, or issues arising from your use of the App. If you do not agree to these terms, including the complete waiver of liability, you must not download, install, or use the App.

Age Requirement: You must be at least 13 years old to use the App. If you are under 18, you must have permission from a parent or legal guardian, who must also agree to these Terms on your behalf.

Changes to Terms: We reserve the right to modify these Terms at any time. Continued use of the App after changes constitutes acceptance of the updated Terms.

Binding Agreement: These Terms constitute a legally binding agreement. By clicking "Accept," "Agree," or by downloading, installing, or using the App in any way, you confirm your acceptance of all terms, including but not limited to the complete limitation of liability.

3. License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on your personal Device(s) for your personal or commercial gardening management purposes.

3.1 License Scope

3.2 License Tiers

The App offers multiple subscription tiers with different feature sets. Your license scope depends on your active subscription tier. See Section 7 for subscription details.

4. Restrictions on Use

You agree NOT to:

5. User Responsibilities

5.1 Account Security

While the App does not require account creation for basic use, if you use in-app purchases or subscription features:

5.2 Content Responsibility

5.3 Device Compatibility

6. Data Backup & Loss Disclaimer

⚠️ CRITICAL - READ CAREFULLY: Garden Grow Pilot stores all your data locally on your Device. We do not maintain backups of your data on our servers. You are solely responsible for backing up your data.

6.1 Your Backup Responsibilities

6.2 No Liability for Data Loss

WE HOLD NO RESPONSIBILITY FOR ANY DATA LOSS, CORRUPTION, OR DELETION RESULTING FROM:

6.3 Backup Features

While the App provides automatic and manual backup features:

6.4 Cloud Sync (Future Feature)

Future cloud synchronization features, when available, will be subject to separate terms. Local-first data storage principles will remain in effect.

7. Subscriptions & Payments

7.1 Subscription Tiers

Garden Grow Pilot offers multiple subscription tiers with different feature sets:

7.2 Payment Processing

7.3 Subscription Terms

7.4 Feature Access

8. Third-Party Services

The App integrates with third-party services to provide functionality. Your use of these services is subject to their respective terms and privacy policies:

8.1 Third-Party Service Providers

8.2 Third-Party Liability

9. Intellectual Property

9.1 App Ownership

The App, including all software, design, graphics, text, and other content (excluding your User Content), is owned by Protoswarm Limited and protected by copyright, trademark, and other intellectual property laws.

9.2 Your Content

9.3 Plant Database & Reference Data

9.4 Trademarks

"Garden Grow Pilot" and associated logos are trademarks of Protoswarm Limited. You may not use our trademarks without prior written permission.

10. Disclaimers & Warranties

⚠️ DISCLAIMER: THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

10.1 No Warranty

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

Our Commitment to Security: We are committed to providing a safe and secure application. We implement industry-standard development practices, conduct code reviews, and work diligently to protect the App from malware, viruses, and harmful components. We do not intentionally include any malicious code or harmful elements in the App.

However, due to the complex nature of software development and the evolving landscape of security threats, we cannot provide absolute guarantees. Third-party services integrated into the App (such as Google Maps, Weather APIs, and AdMob) are beyond our direct control. While we carefully select reputable service providers, we cannot warrant their security practices or guarantee they will always be free from vulnerabilities.

We encourage users to keep their devices updated with the latest security patches and to use trusted app stores (Google Play) for downloading and updating the App.

10.2 Plant Care Guidance Disclaimer

10.3 Weather Data Disclaimer

10.4 Financial Data Disclaimer

11. Limitation of Liability

⚠️ CRITICAL - NO LIABILITY: BY USING THIS APP, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT PROTOSWARM LIMITED, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, AND SUPPLIERS HAVE ZERO LIABILITY FOR ANY DAMAGES, LOSSES, OR ISSUES WHATSOEVER ARISING FROM YOUR USE OF THE APP.

11.1 Complete Exclusion of Liability

YOU EXPRESSLY AGREE THAT WE BEAR ABSOLUTELY NO LIABILITY FOR:

11.2 Zero Liability - No Exceptions

OUR TOTAL LIABILITY IS ZERO (£0.00).

Under no circumstances, regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise), shall Protoswarm Limited or any related party be liable for any amount whatsoever. This includes but is not limited to:

11.3 User Assumption of All Risk

BY USING THE APP, YOU ACKNOWLEDGE AND AGREE THAT:

11.4 Jurisdiction Variations

Some jurisdictions do not allow the complete exclusion of liability. In such jurisdictions:

12. Indemnification

You agree to indemnify, defend, and hold harmless Protoswarm Limited, its directors, employees, partners, agents, and suppliers from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including attorney's fees) arising from:

13. Geographic Restrictions

For legal and compliance reasons, certain features or the entire App may be restricted in specific geographic regions:

14. Termination

14.1 Termination by You

14.2 Termination by Us

We reserve the right to:

14.3 Effect of Termination

15. Modifications to Terms

We reserve the right to modify these Terms & Conditions at any time. Changes will be effective immediately upon posting within the App or on our website.

15.1 Notification of Changes

15.2 Your Options

16. Governing Law & Dispute Resolution

16.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to conflict of law principles.

16.2 Jurisdiction

You agree that any disputes arising from these Terms or your use of the App shall be subject to the exclusive jurisdiction of the courts of England and Wales.

16.3 Dispute Resolution

Before initiating legal proceedings, we encourage you to contact us at contact@protoswarm.com to attempt informal resolution of any disputes.

16.4 Class Action Waiver

To the extent permitted by law, you agree to bring claims against us only in your individual capacity and not as part of any class or representative action.

17. Miscellaneous

17.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Protoswarm Limited regarding the App.

17.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force.

17.3 No Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

17.4 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign our rights without restriction.

17.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, pandemics, government actions, internet failures, or third-party service outages.

17.6 Export Compliance

You agree to comply with all applicable export and import laws and regulations in your use of the App.

18. Contact Information

If you have questions, concerns, or requests regarding these Terms & Conditions, please contact us:

Thank you for using Garden Grow Pilot! We are committed to providing you with powerful gardening management tools while respecting your privacy and data ownership. By keeping your data local-first and giving you complete control, we empower you to manage your gardens with confidence.

Last Updated: 7 December 2025
Version: 1.0