Terms and Conditions

1. Introduction

These Terms and Conditions ("Terms") govern your use of the Right Plant, Right Place™ service (the "Service") operated by Right Plant, Right Place Ltd ("we", "us", "our"), a company registered in England and Wales.

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

2. Eligibility

The Service is intended for users aged 18 and over. By using the Service, you represent and warrant that you are at least 18 years of age. If you are under 18, you may not use the Service.

3. Description of Service

Right Plant, Right Place is a garden planning tool that:

• Accepts video uploads of your garden
• Processes videos to create 3D models of your garden
• Performs sun analysis to understand light conditions
• Recommends plants suitable for specific locations in your garden
• Allows you to upload plant images for identification

4. Account Registration

To use the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorised use of your account

5. Intellectual Property

5.1 Your Content

You retain ownership of any videos and photographs of your garden that you upload to the Service ("Your Content"). By uploading Your Content, you grant us a non-exclusive, worldwide, royalty-free licence to use, store, and process Your Content solely for the purpose of providing the Service to you.

5.2 Our Content

All 3D models, garden designs, plant recommendations, sun analysis data, and any other outputs generated by the Service ("Generated Content") are owned by Right Plant, Right Place Ltd. We grant you a limited, non-exclusive, non-transferable licence to use Generated Content for your personal, non-commercial purposes while your account remains active.

5.3 Service Materials

The Service, including its design, features, functionality, software, and all related intellectual property, is owned by Right Plant, Right Place Ltd and is protected by copyright, trademark, and other intellectual property laws.

5.4 Trademarks

"Right Plant, Right Place"™ and any associated logos, graphics, and service marks used in connection with the Service are trademarks of Right Plant, Right Place Ltd (application pending, Class 44). You may not use, copy, reproduce, republish, or modify these trademarks or any confusingly similar marks without our prior written consent. Nothing in these Terms grants you any right or licence to use any of our trademarks.

6. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose
• Upload content that infringes any third party's intellectual property rights
• Upload content that is offensive, defamatory, or otherwise objectionable
• Attempt to gain unauthorised access to the Service or its systems
• Interfere with or disrupt the Service or servers
• Use automated systems or software to extract data from the Service
• Resell, redistribute, or commercially exploit the Service or Generated Content

7. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

We do not warrant that:

• The Service will be uninterrupted, secure, or error-free
• The results obtained from the Service will be accurate or reliable
• Any defects in the Service will be corrected

8. Disclaimer of Horticultural Advice

IMPORTANT: The plant recommendations, sun analysis, and garden planning suggestions provided by the Service are for informational purposes only and do not constitute professional horticultural, landscaping, or gardening advice.

You acknowledge and agree that:

• The Service uses automated analysis and algorithms that may not account for all variables affecting plant growth
• Local conditions, soil composition, microclimate variations, and other factors may affect plant suitability
• Plant recommendations are suggestions only and are not guaranteed to succeed
• You are solely responsible for any planting decisions you make based on the Service
• We are not liable for any plant failures, garden damage, or other losses resulting from following recommendations provided by the Service
• You should consult with a qualified horticulturalist or gardening professional for specific advice

Any reliance you place on information provided by the Service is strictly at your own risk.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, RIGHT PLANT, RIGHT PLACE LTD SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, data, use, or goodwill
• Cost of procurement of substitute goods or services
• Any damages arising from your use of or inability to use the Service
• Any damages arising from plant failures or garden outcomes

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US, IF ANY, IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM.

10. Indemnification

You agree to indemnify, defend, and hold harmless Right Plant, Right Place Ltd and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or in any way connected with:

• Your access to or use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Your Content

11. Account Termination

You may delete your account at any time. Upon deletion, your data will be removed in accordance with our Privacy Policy.

We reserve the right to suspend or terminate your account and access to the Service at our sole discretion, without notice, for conduct that we believe:

• Violates these Terms
• Is harmful to other users, us, or third parties
• Is fraudulent or illegal

12. Modifications to Service and Terms

We reserve the right to modify or discontinue the Service at any time, with or without notice. We may also modify these Terms from time to time. We will notify you of material changes by posting the updated Terms on the Service. Your continued use of the Service after such changes constitutes your acceptance of the new Terms.

13. Third-Party Services

The Service integrates with third-party services including Heroku (for hosting and database), Google (for authentication), PlantNet (for plant identification), Modal Labs (for 3D processing), and Stackhero (for media storage). Your use of these third-party services is subject to their respective terms of service and privacy policies.

14. Governing Law and Jurisdiction

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

Any disputes arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of England and Wales.

15. Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Right Plant, Right Place Ltd regarding the Service and supersede all prior agreements and understandings.

17. Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

18. Contact Information

If you have any questions about these Terms, please contact us at: