1. Agreement and eligibility
These Terms of Use (“Terms”) are an agreement between you and Christopher W. Jacobs (“SproutShout,” “we,” “us,” or “our”) governing the SproutShout mobile application, website, and related services (collectively, the “Service”). By downloading, accessing, purchasing, or using the Service, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Service.
If you are under the age of legal majority where you live, a parent or legal guardian must review and accept these Terms and supervise your use. SproutShout is not directed to children under 13. Children under 13 must not independently submit photos, AI messages, precise locations, or other personal information through its online features; a parent or guardian may operate those features on their behalf.
2. Limited license and ownership
Subject to these Terms and applicable store rules, we grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use SproutShout on devices you own or control for your personal, non-commercial plant-care purposes.
SproutShout, including its software, design, characters, artwork, text, branding, and original content, is owned by us or our licensors and is protected by intellectual-property laws. Except for the limited license above, no rights are transferred to you.
You may not copy, sell, rent, sublicense, publicly distribute, reverse engineer, bypass security or usage controls, extract models or prompts, or use the Service to build a competing dataset or service, except where applicable law expressly permits an activity that cannot be restricted by contract.
3. Plant, AI, and weather safety
Plant identifications, possible issue assessments, schedules, reminders, weather adjustments, AI responses, care guidance, and toxicity information may be incomplete, outdated, or wrong. Plants and growing conditions vary, images can be ambiguous, weather sources can fail, and automated systems can make mistakes.
You are responsible for verifying information before acting. Consult authoritative references, product labels, poison-control resources, veterinarians, horticulturists, extension services, or other qualified local professionals when appropriate. Do not rely on SproutShout for emergency decisions, human or animal medical decisions, pesticide or fertilizer safety, edible-plant identification, legal compliance, or protection of valuable or irreplaceable plants.
If a person or animal may have ingested or contacted a harmful substance or plant, contact local emergency services, poison control, or a qualified medical or veterinary professional immediately.
4. Your content and local data
You retain ownership of plant names, notes, photos, messages, and other material you provide (“User Content”). You give us and our service providers a limited license to host, transmit, reproduce, format, and process User Content only as needed to provide, secure, troubleshoot, and support the features you request.
You represent that you have the rights needed to submit User Content and that it does not violate law, privacy, intellectual-property rights, or these Terms. Do not submit confidential, unlawful, infringing, or dangerous material.
SproutShout is local-first and does not provide a cloud backup of your plant library. You are responsible for your device, operating-system backups, and any plant-sharing files you create. Deleting the app, clearing app storage, losing a device, or a device failure may permanently remove local data.
When you send a SproutShout sharing file, you choose its recipient and transmission service. You are responsible for reviewing the plants and information included and obtaining any permission needed to share it.
5. SproutShout Pro subscriptions
SproutShout may offer monthly and yearly auto-renewing subscriptions that unlock the same Pro service for different billing periods. Available plans, localized prices, billing period, trial or promotional terms, and renewal information are shown in the app’s purchase interface before you confirm a purchase.
- Payment is charged by Apple or Google to your store account.
- Your subscription renews automatically unless you cancel through the applicable store before the renewal deadline shown by that store.
- Deleting SproutShout does not cancel a subscription.
- Cancellation normally stops future renewal; access ordinarily continues through the already-paid period unless the store issues a refund, revokes the transaction, or applicable rules provide otherwise.
- Refunds, billing disputes, taxes, payment methods, and store-account issues are handled under Apple’s or Google’s rules.
- Use Restore Purchases or Manage Subscription in SproutShout when available, or use your store account’s subscription controls.
Additional details are in the Subscription Terms and Pro Disclosure. If there is a conflict between these Terms and mandatory store terms, the mandatory store terms control for that transaction.
6. Features and usage limits
A subscription provides access to the Pro features and limits shown in SproutShout at the time of use. Current launch limits are measured by calendar month using backend time: up to 40 Identify requests, 75 Diagnose requests, 250 General chat requests, and 40 Weather Assist requests per active subscription. Exporting normal plant-sharing files requires Pro but does not have a monthly export count at launch.
A request generally counts when backend processing is reserved. Failed or duplicate requests may be released or reconciled as described by the service. When Identify explicitly asks for one additional image because confidence is low or medium, SproutShout may issue one short-lived, single-use follow-up grant so that invited refinement does not consume another Identify request. Declining or canceling that invitation does not make a later unrelated image free.
Limits, features, models, and availability may change prospectively to protect reliability, cost, safety, or product quality. We will not misrepresent the subscription being offered, and material changes are subject to store rules and applicable law. Unused monthly limits do not roll over and have no cash value.
7. Acceptable use
You agree not to:
- use the Service unlawfully, fraudulently, or to harm people, animals, property, systems, or plants;
- probe, disrupt, overload, automate abuse of, or attempt unauthorized access to the Service or its providers;
- evade subscriptions, quotas, rate limits, purchase validation, or security controls;
- submit malware, unlawful content, or content that violates another person’s rights;
- misrepresent AI output or plant guidance as verified professional advice;
- resell the Service or use it to provide a high-volume commercial identification, diagnosis, or weather service without written permission; or
- help another person do any of the above.
8. Third-party services
The Service relies on third parties, including Apple, Google, RevenueCat, Supabase, OpenAI, WeatherAPI, and the apps or services you choose for sharing. Their services may be unavailable, changed, or governed by separate terms. We are not responsible for third-party services except to the extent required by law.
9. Changes, availability, and termination
We may maintain, update, suspend, discontinue, or modify the Service or individual features. We do not promise that every feature will always be available on every device, operating-system version, country, or network. We may suspend or terminate access if you materially violate these Terms, create security or legal risk, or abuse the Service.
You may stop using SproutShout at any time. Stopping use or uninstalling does not cancel a subscription. Sections that by their nature should survive termination—including ownership, disclaimers, liability limits, disputes, and payment obligations—will survive.
10. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
WE DO NOT WARRANT ANY IDENTIFICATION, DIAGNOSIS, WEATHER RESULT, REMINDER, SCHEDULE, TOXICITY INFORMATION, AI OUTPUT, OR PLANT OUTCOME. Some jurisdictions do not allow certain disclaimers, so parts of this section may not apply to you.
11. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPROUTSHOUT AND ITS OWNER, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOSS OF DATA, PROFITS, REVENUE, GOODWILL, OR BUSINESS; OR HARM TO PLANTS, PROPERTY, PEOPLE, OR ANIMALS ARISING FROM OR RELATED TO THE SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FOR SPROUTSHOUT DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) US$50.
These limits do not exclude liability that cannot lawfully be excluded or limited, and they do not affect mandatory consumer rights.
12. Indemnity
To the extent permitted by law, you agree to defend, indemnify, and hold harmless SproutShout and its owner from third-party claims, losses, and reasonable costs arising from your unlawful use of the Service, your User Content, your breach of these Terms, or your violation of another person’s rights. This section does not apply where prohibited by applicable consumer law.
13. Governing law and disputes
These Terms are governed by the laws of the State of California, United States, without regard to conflict-of-law rules, except that mandatory consumer protections in your place of residence remain applicable. Subject to those mandatory rights, the state and federal courts located in California will have exclusive jurisdiction over disputes arising from these Terms or the Service.
Before filing a claim, you and SproutShout agree to try in good faith for 30 days to resolve it informally by email. This does not prevent either party from seeking urgent injunctive relief or using an eligible small-claims process.
14. Apple-specific terms
If you downloaded SproutShout from Apple, Apple is not a party to these Terms and is not responsible for the app or its support. Apple has no warranty obligation beyond any refund it may provide under store rules. Apple is a third-party beneficiary of these Terms and may enforce the Apple-related provisions against you. Your use is also subject to the Apple Standard Licensed Application End User License Agreement and applicable App Store rules.
15. General terms
These Terms, the Privacy Policy, the Subscription Terms, and any mandatory store terms form the entire agreement about the Service. If a provision is unenforceable, it will be limited to the minimum extent necessary and the rest will remain effective. Our failure to enforce a provision is not a waiver. You may not transfer these Terms without our consent; we may transfer them as part of a business reorganization or transfer of the Service.
We may update these Terms prospectively. We will post the revised version and update the date above, and we will provide additional notice where required. Continued use after the effective date of revised Terms constitutes acceptance where permitted by law.
16. Contact
Christopher W. Jacobs
California, United States
Email: support@sproutshout.app