Terms of Service

Last updated: January 15, 2026

            Plain English Summary: Use GrowPlanner to plan your garden. The app provides guidance based on general horticultural practices, but gardening results depend on many factors. Use your own judgment and enjoy growing!
        

1. Acceptance of Terms

By downloading, installing, or using GrowPlanner ("the App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use the App.

These Terms constitute a legal agreement between you and Smart Penguins ("we," "our," or "us").

2. Description of Service

GrowPlanner is a mobile application designed to help users plan and track their gardening activities. The App provides:

Planting schedule recommendations based on USDA hardiness zones
Task tracking for garden batches
Reminders and notifications for gardening tasks
Plant information and growing guides

3. User Responsibilities

When using GrowPlanner, you agree to:

Provide accurate information about your hardiness zone and frost dates
Use the App for lawful purposes only
Not attempt to reverse engineer, modify, or distribute the App
Not use the App to infringe on the rights of others

4. Gardening Guidance Disclaimer

Important: GrowPlanner provides general gardening guidance based on common horticultural practices. Actual results may vary significantly based on your specific conditions.

The planting recommendations, schedules, and advice provided by GrowPlanner are for informational purposes only. We do not guarantee:

Successful germination, growth, or harvest of any plants
Accuracy of timing recommendations for your specific microclimate
That following our suggestions will prevent plant disease, pest damage, or crop failure

Gardening success depends on many factors including soil quality, weather conditions, water availability, pest presence, and gardening practices that are beyond our control. You should use your own judgment and consult local gardening resources for advice specific to your area.

5. Intellectual Property

The App, including its design, features, content, and code, is owned by Smart Penguins and is protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the App for personal, non-commercial purposes.

You may not:

Copy, modify, or distribute the App
Reverse engineer or attempt to extract source code
Remove any copyright or proprietary notices
Use the App's content for commercial purposes without permission

6. In-App Purchases

GrowPlanner may offer optional in-app purchases for premium features. By making a purchase:

You agree to pay all applicable fees
Purchases are processed by Google Play or Apple App Store
Refunds are subject to the respective store's refund policy
Premium features are for personal use only

7. Data and Privacy

Your use of the App is also governed by our Privacy Policy, which describes how we handle your information. By using the App, you consent to the practices described in the Privacy Policy.

8. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

WARRANTIES OF MERCHANTABILITY
FITNESS FOR A PARTICULAR PURPOSE
NON-INFRINGEMENT
ACCURACY OR RELIABILITY OF CONTENT

We do not warrant that the App will be uninterrupted, error-free, or free of viruses or other harmful components.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMART PENGUINS SHALL NOT BE LIABLE FOR ANY:

Indirect, incidental, special, consequential, or punitive damages
Loss of profits, data, or goodwill
Crop failures, plant losses, or gardening setbacks
Damages resulting from your use or inability to use the App

Our total liability shall not exceed the amount you paid for the App or any in-app purchases in the twelve (12) months preceding the claim.

10. Indemnification

You agree to indemnify and hold harmless Smart Penguins, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorney fees) arising from your use of the App or violation of these Terms.

11. Changes to the App

We reserve the right to:

Modify, suspend, or discontinue the App at any time
Change features or functionality without notice
Update plant data and recommendations

We are not liable to you or any third party for any modification, suspension, or discontinuation of the App.

12. Changes to These Terms

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

Posting the updated Terms in the App or on our website
Updating the "Last updated" date at the top of this page

Your continued use of the App after changes become effective constitutes acceptance of the revised Terms.

13. Termination

You may stop using the App at any time by uninstalling it from your device. We may terminate or suspend your access to the App at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties.

14. Governing Law

These Terms shall be governed by and construed in accordance with applicable laws, without regard to conflict of law principles. Any disputes arising from these Terms or your use of the App shall be resolved through good-faith negotiation or, if necessary, through binding arbitration.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

16. Contact Information

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

Email: support@smartpenguins.io

            Thank you for using GrowPlanner! We hope our app helps you grow a beautiful and bountiful garden. Happy gardening!
        