Terms of Service and Privacy Policy

Terms of Service (ToS) for Plant Map Scheduler

                Effective Date: March 15, 2025

                Last Updated: March 15, 2025

                1. Acceptance of Terms

                By downloading, installing, or using Plant Map Scheduler (the “App”), you agree to these legally binding Terms of Service (the “Terms”). If you do not agree, you must not use the App.

                 Users must explicitly agree to these Terms before using the App.

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                2. Use at Your Own Risk

                By using this App, you acknowledge and agree that:

                 The App is provided “as is” and “as available” without warranties or guarantees.

                 The Developer is not responsible for:

                    •    Incorrect, misplaced, or incomplete maps.

                    •    Loss of data, plant schedules, or map files.

                    •    Privacy risks related to uploaded home locations, maps, or other user-generated content.

                 You assume full responsibility for any data you upload, share, or store using the App.

                 The Developer does not store user data. All information remains on the user’s device or iCloud Drive.

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                3. Limitation of Liability

                 Maximum Liability:

                To the maximum extent permitted by law, the total liability of the Developer to any user shall not exceed $5 USD or the amount paid for the App, whichever is lower.

                 Under no circumstances shall the Developer be liable for:

                    •    Direct, indirect, incidental, or consequential damages, including property loss, privacy breaches, or financial harm.

                    •    Legal claims arising from user-generated content, incorrect mapping, or data leaks.

                 Even if arbitration rules against the Developer, the total damages payable will not exceed $5.

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                4. User Responsibility & Data Handling

                By using this App, you agree that:

                 You assume full responsibility for any uploaded maps or floor plans.

                  You will not upload sensitive private information without understanding the risks.

                  The Developer does not store or access your uploaded maps or plant data—all data remains on your device or iCloud Drive.

                 The Developer is not liable if you share, upload, or distribute private home maps or data.

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                5. Arbitration & Dispute Resolution (Hong Kong Exclusive)

                 ALL disputes MUST be resolved through binding arbitration in Hong Kong.

                    •    Arbitration shall be conducted by the Hong Kong International Arbitration Centre (HKIAC) under its rules.

                    •    Users waive any right to file lawsuits in any other jurisdiction (including U.S. courts).

                    •    Class-action lawsuits are prohibited—users must file individually.

                    •    If the Developer prevails in arbitration, the user shall be responsible for all legal fees and arbitration costs.

                 By using this App, you agree that you CANNOT sue the Developer in U.S. courts.

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                6. Governing Law & Jurisdiction

                These Terms shall be governed exclusively by the laws of Hong Kong.

                All legal disputes must be resolved exclusively in Hong Kong courts or through arbitration as outlined above.

                 No U.S. or EU courts shall have jurisdiction over disputes related to this App.

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                7. No Warranty Disclaimer

                 The Developer makes no warranties or guarantees about the accuracy, reliability, or security of the App.

                 The App does not guarantee data storage or prevent loss of plant information.

                 The Developer is not responsible for any consequences arising from the use or misuse of the App.

                 The App is for informational purposes only and does not provide legal, financial, or professional advice.

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                8. Changes to Terms

                The Developer reserves the right to modify these Terms at any time. Continued use of the App after any modifications means you accept the revised Terms.

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                9. Contact Information

                For legal inquiries, contact: theplantmap@icloud.com 

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                 Privacy Policy for Plant Map Scheduler

                Effective Date: March 15, 2025

                Last Updated: March 15, 2025

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                1. Information We Collect

                 We do NOT collect personal data. However, the App may access:

                 User-uploaded images & maps (stored only on the user’s device or iCloud Drive).

                 App usage data (e.g., crash reports, analytics) via Apple’s built-in analytics tools (if enabled by the user).

                 The Developer does NOT store, transmit, or share user data with third parties.

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                2. How Data is Stored & Protected

                 All user-generated content remains on the user’s device or iCloud Drive.

                 The Developer does not store, access, or transmit user data.

                 The Developer does not sell or distribute personal data to advertisers or third parties.

                 Users are solely responsible for securing their iCloud accounts and backups.

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                3. User Control Over Data

                 Users can delete all map files at any time.

                 If a user deletes the App, all local data is permanently removed from the device.

                 The Developer does not retain or recover deleted user data.

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                4. Security Disclaimer

                While the Developer follows best security practices, we are not responsible for unauthorized access due to:

                    •    Third-party security breaches (e.g., iCloud hacks).

                    •    Incorrect user settings or shared data.

                 Users are responsible for protecting their own data and device security.

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                5. Legal Fees Clause (If You Sue and Lose)

                 If a user initiates arbitration or legal action and loses, they shall be responsible for all legal fees incurred by the Developer.

                 This discourages frivolous lawsuits and ensures that arbitration costs fall on the losing party.

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                6. Changes to This Policy

                The Developer may update this Privacy Policy at any time. Continued use means you accept the new terms.

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                7. Contact Information

                For privacy-related inquiries, contact: https://sites.google.com/view/theplantmap/settingup

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