Farmly Terms of Service

Last Updated: July 18, 2023

These Terms of Service ("Terms") govern your access to and use of the Farmly mobile application (the "App"), owned and operated by Farmly ("we," "us," or "our"). Please read these Terms carefully before using the App.

1. Acceptance of Terms

By accessing or using the App, you agree to be bound by these Terms, our Privacy Policy, and our Subscription Terms and Conditions, all of which are incorporated herein by reference. If you do not agree to these Terms, you may not use the App.

2. Eligibility

You must be at least 13 years of age to use the App. By using the App, you represent and warrant that you are at least 13 years old and that you have the right, authority, and capacity to enter into and abide by these Terms.

3. License to Use the App

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to download, install, and use the App for your personal, non-commercial use on a mobile device owned or controlled by you.

4. User Conduct

You agree to use the App in accordance with all applicable laws, rules, and regulations. You agree not to:

  1. Use the App for any illegal or unauthorized purpose.
  2. Upload or share content that is unlawful, harmful, threatening, abusive, obscene, invasive of another's privacy, or otherwise objectionable.
  3. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
  4. Interfere with or disrupt the operation of the App or servers or networks connected to the App.
  5. Attempt to decompile, reverse engineer, or disassemble the App.
  6. Violate or infringe other people's intellectual property, privacy, or other rights.

5. User Content

As a user of the App, you may submit content, including but not limited to, photos, videos, scans, voice recordings, and text inputs related to your gardening activities (collectively, "User Content"). You retain all rights to your User Content, but you grant us a non-exclusive, royalty-free, worldwide, perpetual license to use, reproduce, modify, adapt, publish, translate, distribute, and display your User Content in any media for the purposes of operating, promoting, and improving the App.

6. Intellectual Property Rights

The App, including its original content, features, functionality, and user interface, are owned by us and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Your use of the App does not grant you any ownership rights in the App.

7. Termination

We may suspend or terminate your access to the App, without notice, for any conduct that we, in our sole discretion, believe is in violation of these Terms or any applicable law, or is harmful to the interests of another user or third party.

8. Disclaimer of Warranties

The App is provided on an "as is" and "as available" basis. To the fullest extent permissible under applicable law, we disclaim all warranties, express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

9. Limitation of Liability

To the maximum extent permitted by law, we will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages resulting from your use of, or inability to use, the App, even if we have been advised of the possibility of such damages.

10. Changes to These Terms

We may update these Terms from time to time to reflect changes in our practices, technology, legal requirements, or other factors. When we make changes, we will update the "Last Updated" date at the top of these Terms and notify you through the App or by email. Your continued use of the App after the changes have been posted constitutes your acceptance of the updated Terms.

11. Governing Law and Jurisdiction

These Terms are governed by the laws of the state in which we are headquartered, without regard to its conflict of laws principles. You agree to the personal jurisdiction by and venue in the courts in that state and waive any objection to such jurisdiction or venue.

12. Dispute Resolution

Any dispute or claim arising out of or in connection with these Terms or the App shall be settled by binding arbitration, unless otherwise required by law. The arbitration shall be conducted in accordance with the rules of the American Arbitration Association.

Contact Information:

Farmly, Inc.
251 Little Falls Dr
Wilmington
Delaware 19808-1674
United States
www.farmly.us

Email: info@farmly.us