FloraViz Terms of Service

Last updated: June 2 2025

These Terms of Service ("Terms") are a contract between you and Blue Hills Labs LLC doing business as "FloraViz" ("FloraViz," "we," "our," or "us"). By creating an account, purchasing a subscription, or using the floraviz.com website or related services (collectively, the "Service") you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

1. Eligibility

You must be at least eighteen years old and able to form a binding contract to use the Service.

2. Account Registration and Security

• Provide accurate information and keep it current.
• Safeguard your password and all activity under your account.
• Notify us immediately of unauthorized use.

3. Subscriptions and Payment

• Subscription plans and fees are shown at checkout and billed in US dollars via Stripe on a monthly renewing basis until canceled.
• Trial periods convert to paid plans unless canceled before the trial ends.
• All payments are non‑refundable except where required by law.
• You authorize us and Stripe to charge your payment method for fees and taxes.

4. License and Acceptable Use

We grant you a limited, non‑exclusive, non‑transferable, revocable license to use the Service for your internal business purposes. You may not:

1. Copy, modify, or reverse engineer the Service.
2. Circumvent usage or storage limits.
3. Use scraping tools except through documented APIs.
4. Upload or generate unlawful or infringing content.
5. Interfere with the Service or other users.

5. User Content

You retain ownership of images, prompts, and other material you upload or generate ("User Content"). You give FloraViz a worldwide, royalty‑free license to host, process, and display User Content to operate and improve the Service. You confirm you have all rights necessary for your User Content.

6. Intellectual Property

All Service software, designs, and trademarks belong to FloraViz or its licensors. OpenAI terms apply to content generated with OpenAI models.

7. Service Availability

The Service is provided on a best‑effort basis without specific uptime guarantees. We may change or discontinue the Service at any time and will give advance notice when practicable.

8. Disclaimers

The Service and all outputs are provided "as is" and "as available" without warranties of any kind. Generated content may be inaccurate or biased. You assume all risk in using the Service.

9. Limitation of Liability

To the fullest extent permitted by law, our total liability is limited to the greater of 100 US dollars or the amount you paid to FloraViz in the twelve months before the claim arose. We are not liable for indirect or consequential damages.

10. Indemnification

You will indemnify and hold FloraViz harmless from claims or losses arising from your User Content, your use of the Service, or your breach of these Terms.

11. Termination

• You may cancel your subscription any time through the Stripe portal; access continues until the current billing period ends.
• We may suspend or terminate your account immediately for violating these Terms or for non‑payment.
• Sections 5, 6, 8, 9, 10, and 12 survive termination.

12. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Commonwealth of Massachusetts. Any dispute will be resolved by binding arbitration in Boston, Massachusetts, except that either party may bring an individual claim in small‑claims court. Class actions are not permitted.

13. Changes to Terms

We may update these Terms from time to time. Material changes will be announced by email or in‑app notice thirty days before they take effect. Continued use after the effective date means you accept the revised Terms.

14. Contact