Terms of Service

These terms govern your use of PhenoHunter cultivation management platform and services.

Last updated: November 7, 2024
Acceptance of Terms

By accessing or using PhenoHunter ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service.

These Terms apply to all users of the Service, including but not limited to visitors, registered users, and organization administrators.

Important:

Your use of the Service is also governed by our Privacy Policy, which is incorporated by reference into these Terms.

Description of Service

PhenoHunter is a cloud-based cultivation management platform that provides tools for:

  • Plant and batch tracking and management
  • Environmental monitoring and control
  • Team collaboration and role-based access
  • Data analytics and reporting
  • IoT sensor integration and automation
  • Compliance and audit trail management

The Service is provided "as is" and we reserve the right to modify, suspend, or discontinue any aspect of the Service at any time.

User Accounts

Account Registration

To use certain features of the Service, you must register for an account. You agree to:

  • Provide accurate, current, and complete information
  • Maintain and update your account information
  • Keep your password secure and confidential
  • Accept responsibility for all activities under your account

Account Security

You are responsible for maintaining the security of your account credentials. You must immediately notify us of any unauthorized use of your account.

Organization Accounts

Organization administrators have additional responsibilities including:

  • Managing team member access and permissions
  • Ensuring compliance with applicable laws
  • Supervising use of the Service by team members
Acceptable Use

Permitted Uses

You may use the Service for lawful cultivation management purposes, including:

  • Tracking and monitoring legal cannabis, hemp, or agricultural cultivation
  • Managing environmental conditions and automation
  • Collaborating with team members on cultivation operations
  • Generating reports and analytics for business purposes

Prohibited Uses

You may not use the Service to:

  • Violate any applicable laws or regulations
  • Transmit or store illegal, harmful, or offensive content
  • Attempt to gain unauthorized access to our systems
  • Interfere with or disrupt the Service or servers
  • Use the Service for any illegal cultivation activities
  • Reverse engineer or attempt to extract source code
Payment Terms

Subscription Plans

PhenoHunter offers various subscription plans with different features and limitations. Current pricing is available on our website.

Home Grower

$9.99/month

  • 25 plants
  • Basic features
  • 1 user
Craft Grower

$19.99/month

  • 100 plants
  • Advanced features
  • 3 users
Small Business

$49.99/month

  • 500 plants
  • All features
  • 10 users
Enterprise

$199.99/month

  • Unlimited
  • White label
  • Custom support

Billing and Payment

  • Subscription fees are billed in advance on a monthly or annual basis
  • All fees are non-refundable except as required by law
  • We may change our pricing with 30 days' notice
  • Failure to pay may result in suspension of your account

Free Trial

New users may be eligible for a 14-day free trial. The trial includes full access to features based on the selected plan.

Intellectual Property

Our Rights

The Service, including all software, features, and content, is owned by PhenoHunter and is protected by intellectual property laws. You may not:

  • Copy, modify, or create derivative works of the Service
  • Distribute, sublicense, or transfer your rights to the Service
  • Remove or modify any copyright or proprietary notices

Your Data

You retain ownership of your cultivation data and other information you input into the Service. By using the Service, you grant us a limited license to:

  • Store and process your data to provide the Service
  • Use anonymized data for analytics and service improvement
  • Backup and recover your data as part of our service obligations
Data and Privacy

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms.

Data Security

We implement industry-standard security measures to protect your data:

  • End-to-end encryption for sensitive cultivation data
  • Regular security audits and compliance certifications
  • Secure cloud infrastructure with automatic backups

Data Portability

You can export your data at any time through the Service or by contacting support.

Service Availability

Uptime Commitment

We strive to maintain high availability for the Service:

  • Target uptime: 99.9% monthly availability
  • Scheduled maintenance: Advance notice provided
  • Unplanned downtime: Efforts to minimize and resolve quickly

Service Level Agreement

For paid plans, we provide service level agreements regarding uptime and support response times. Credits may be available for service failures that exceed our SLAs.

Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control, including natural disasters, internet outages, or government actions.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PHENOHUNTER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR USE.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Important Notice:

Some jurisdictions do not allow limitations of liability, so some of the above limitations may not apply to you.

Termination

By You

You may cancel your account at any time through the Service settings or by contacting support.

By Us

We may suspend or terminate your account if:

  • You violate these Terms
  • You fail to pay applicable fees
  • Your use poses security or legal risks

Data Retention

After termination, we will retain your data for a reasonable period to allow for account reactivation or data export, as described in our Privacy Policy.

Governing Law

These Terms shall be interpreted and governed by the laws of the State of California, United States, without regard to its conflict of law provisions.

Any disputes arising from these Terms or your use of the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

Contact Information

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

Email

legal@phenohunter.app

Changes to These Terms

We may update these Terms from time to time. We will notify you of any material changes by:

  • Posting the updated Terms on our website
  • Sending an email notification to your registered email address
  • Providing in-app notifications for significant changes

Your continued use of the Service after the effective date of the updated Terms constitutes acceptance of the changes.