BloomMap - Terms of Use

1. Description of Service

BloomMap is a garden plant-tracking application that allows users to upload photographs of their garden beds, mark plant locations on those photographs, and attach information such as plant names, categories, planting dates, notes, and additional photos to each marked location. The App also allows users to organize multiple gardens and track garden changes across different years.

2. Eligibility

You must be at least 13 years of age to use BloomMap. By using the App, you represent and warrant that you meet this age requirement. If you are under 18, you represent that you have obtained the consent of a parent or legal guardian to use the App.

3. Account Registration

To access certain features of BloomMap, you may be required to create an account. You agree to provide accurate, current, and complete information during registration and to update such information as necessary. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account.

4. Subscription and Payment

Free Tier
BloomMap may offer a free version with limited features.

Paid Plans
BloomMap may offer paid plans that unlock additional features, such as multiple gardens, expanded plant tracking, and advanced functionality.

Trials and Offers
We may offer free trials or promotional pricing. Trial terms, duration, and conditions will be clearly presented within the App at the time of activation.

Payment Processing
All payments are processed through Apple's App Store. We do not collect or store your payment information. By subscribing, you agree to Apple's terms for in-app purchases.

Renewal and Cancellation
Subscriptions automatically renew unless canceled at least 24 hours before the end of the current billing period. You can manage or cancel your subscription in your Apple ID account settings.

Price Changes
We may update pricing from time to time. If pricing changes, we will notify you, and the new price will apply at the start of your next billing cycle.

5. Your Content

Ownership
You retain full ownership of all content you create, upload, or add to BloomMap, including photographs, garden maps, plant information, and notes ("Your Content"). We do not claim any ownership rights over Your Content.

License to Us
By using BloomMap, you grant us a limited, non-exclusive, worldwide, royalty-free license to use, store, and process Your Content solely for the purpose of providing and improving the BloomMap service. We will not use Your Content for advertising, marketing, or any purpose unrelated to the operation of the App without your explicit consent.

Your Responsibilities
You are solely responsible for Your Content. You represent and warrant that you have the right to upload and use any content you add to BloomMap, including photographs. You agree not to upload content that infringes on the intellectual property rights of any third party, is illegal, harmful, threatening, abusive, or otherwise objectionable, or contains malware, viruses, or other harmful code.

6. Acceptable Use

You agree to use BloomMap only for its intended purpose - personal garden tracking and planning. You agree not to:

• Use the App for any unlawful purpose
• Attempt to gain unauthorized access to the App, its servers, or any related systems
• Reverse engineer, decompile, or disassemble the App
• Use automated systems or software to extract data from the App
• Interfere with or disrupt the integrity or performance of the App
• Reproduce, distribute, or create derivative works based on the App
• Use the App to transmit spam, malware, or other harmful content

7. Intellectual Property

Our Property
The BloomMap name, logo, design, interface, features, and all associated intellectual property are owned by Anna Baranova and are protected by copyright, trademark, and other intellectual property laws. You may not use, reproduce, or distribute any of our intellectual property without our prior written consent.

Feedback
If you provide us with feedback, suggestions, or ideas about the App, you grant us the right to use that feedback without restriction or compensation to you. We appreciate your input and may use it to improve BloomMap.

8. Disclaimer of Warranties

BloomMap is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the App will be uninterrupted, error-free, or free of viruses or other harmful components. We do not warrant that any garden advice, plant information, or content within the App is accurate, complete, or reliable. BloomMap is a tracking and organization tool - it is not a substitute for professional gardening, landscaping, or horticultural advice.

9. Limitation of Liability

To the maximum extent permitted by applicable law, Anna Baranova and BloomMap shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of data, loss of revenue, or loss of profits, arising out of or related to your use of or inability to use the App, even if we have been advised of the possibility of such damages.

Our total liability to you for any claims arising out of or related to these Terms or the App shall not exceed the amount you have paid to us for BloomMap subscriptions in the twelve (12) months preceding the claim.

10. Indemnification

You agree to indemnify, defend, and hold harmless Anna Baranova and BloomMap from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorney's fees) arising out of or related to your use of the App, your violation of these Terms, or your violation of any rights of a third party.

11. Termination

We reserve the right to suspend or terminate your access to BloomMap at any time, with or without cause, and with or without notice. You may terminate your account at any time by deleting the App and contacting us to request account deletion.

Upon termination, your right to use the App ceases immediately. Sections of these Terms that by their nature should survive termination (including Intellectual Property, Disclaimer of Warranties, Limitation of Liability, and Indemnification) shall survive.

12. Modifications to the App and Terms

We may modify, update, or discontinue BloomMap or any of its features at any time, with or without notice. We may also update these Terms from time to time. If we make material changes, we will notify you through the App or by email. Your continued use of BloomMap after any changes constitutes your acceptance of the revised Terms.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of North Carolina, United States, without regard to its conflict of law provisions.

Any disputes arising out of or related to these Terms or the App shall be resolved through good faith negotiation. If the dispute cannot be resolved through negotiation, it shall be submitted to binding arbitration in Wake County, North Carolina, in accordance with the rules of the American Arbitration Association. You agree to waive any right to participate in a class action lawsuit or class-wide arbitration.

14. Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

15. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and BloomMap regarding your use of the App and supersede any prior agreements.

16. Contact Us

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

Anna Baranova - BloomMap
Email: [email protected]
Website: bloommap.cc
Location: Raleigh, North Carolina, United States