PhenoLog Terms of Use

Effective date: TBD (replaced on publication) Last updated: TBD (replaced on publication)

These Terms of Use ("Terms") govern your use of the PhenoLog iOS application and the phenolog.io website (together, "the Service"). The Service is operated by Matt Cohen, sole proprietor, located in the State of Maine, United States ("we," "us," "PhenoLog").

By creating an account, installing the app, or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

These Terms apply in addition to Apple's standard End User License Agreement, which governs your installation and use of any app on iOS. Where Apple's standard EULA conflicts with these Terms on a topic Apple controls, Apple's EULA prevails for that topic only.

1. Who can use PhenoLog

You may use PhenoLog only if you:

• Are at least 18 years old (or the age of legal majority in your jurisdiction, whichever is higher).
• Can form a binding contract with us.
• Are not barred from using the Service under the laws of the United States or any other jurisdiction that applies to you.

PhenoLog is rated 17+ on the App Store. We do not allow use by anyone under 13 and do not knowingly collect their information.

2. Your account

You are responsible for:

• Keeping your password confidential.
• All activity that occurs under your account.
• Notifying us promptly at hello@phenolog.app if you suspect your account has been compromised.

We may suspend or terminate accounts that we reasonably believe are being used in violation of these Terms.

3. License

We grant you a personal, non-exclusive, non-transferable, revocable license to use the Service for your own non-commercial phenotype-tracking purposes, subject to these Terms. We retain all rights in the Service that are not expressly granted to you.

4. Cultivation laws are your responsibility

PhenoLog is a phenotype-tracking and cultivar-journaling tool. It is designed for hobbyist and small-scale growers in jurisdictions where the cultivation and possession of the plants they are tracking is lawful for them.

You are solely responsible for ensuring that any cultivation activity you log in PhenoLog is lawful where you live and where the activity occurs. Laws vary widely by country, state, county, and municipality, and change frequently.

PhenoLog does not condone, encourage, or assist with any activity that is unlawful where you are. We make no representation that any particular use of the Service is lawful in your jurisdiction. Use of the Service does not constitute legal advice and is not a defense to any legal claim.

If you are uncertain whether your activity is lawful, consult a qualified attorney in your jurisdiction before using the Service.

5. AI Keeper Analysis is informational only

The AI Keeper Analysis feature uses a third-party large language model (currently Anthropic's Claude) to summarize the data you have logged about a hunt and produce a non-binding suggestion about which pheno appears strongest.

You acknowledge that:

• AI Keeper output is informational only. It is not horticultural, agronomic, medical, legal, or financial advice.
• AI output can be wrong, biased, or out of date. We do not guarantee its accuracy, completeness, or fitness for any purpose.
• You are responsible for every cultivation decision you make. Do not rely on AI Keeper output as the sole basis for any decision with health, financial, or legal consequences.

We may add, remove, change, or replace the underlying AI provider at any time. We may impose rate limits (currently 20 analyses per user per 24-hour period) and may change those limits.

6. Subscriptions and payments

6.1 Free tier

PhenoLog offers a free tier with limited usage (currently one active hunt and a small number of phenos per hunt). The free-tier limits may change.

6.2 Paid plans

PhenoLog offers paid subscriptions and a one-time purchase plan. As of the effective date of these Terms, the published prices are:

• Premium Monthly — $9.99 USD per month.
• Premium Annual — $79 USD per year, with a 7-day free trial for first-time subscribers.
• Premium Lifetime — $199 USD one-time.
• Founders' Annual — $39 USD per year, offered to a limited number of customers as a launch promotion.

Prices and tiers may change with notice. Any change applies to renewals after the change takes effect; your current subscription period is not affected.

6.3 Auto-renewal (subscriptions)

Subscription plans automatically renew at the end of each billing period unless you cancel at least 24 hours before the period ends. Your Apple Account is charged for renewal within 24 hours of the end of the current period at the published price for the next period. You can manage and cancel subscriptions in your iOS Settings → Apple Account → Subscriptions. Uninstalling the app does not cancel a subscription.

6.4 Founders' Annual is limited

The Founders' Annual plan is offered to a limited number of customers as a launch promotion. We may end the promotion, change the price, or change the qualifying conditions at our discretion. If you hold a Founders' Annual subscription, your renewal price is governed by the renewal terms displayed in your Apple Account at the time of renewal.

6.5 Refunds and billing disputes

All payments are processed by Apple. Refund requests must be submitted to Apple at https://reportaproblem.apple.com. We do not process or issue refunds directly. We will support a reasonable Apple refund request but cannot guarantee Apple's decision.

6.6 Taxes

You are responsible for any taxes that apply to your purchase. Apple may collect VAT, sales tax, or other taxes at the time of purchase.

7. Your content

You retain ownership of the hunts, phenos, observations, scoring data, notes, and photos you upload (your "Content"). You grant us a worldwide, non-exclusive, royalty-free license to host, store, transmit, back up, display, and process your Content for the sole purpose of providing the Service to you and any other person you authorize to view it.

You represent that you have all rights necessary to upload your Content and that your Content does not infringe anyone else's rights or violate any law.

We do not use your Content to train any machine-learning model of our own. We send hunt data to Anthropic only when you invoke AI Keeper Analysis, as described in Section 5 and in our Privacy Policy.

8. Things you must not do

You agree not to:

• Reverse-engineer, decompile, or attempt to extract the source code of the Service, except as expressly permitted by law.
• Create multiple accounts to evade free-tier limits, AI Keeper rate limits, or any other quantitative restriction.
• Scrape, crawl, or use automated tools to access the Service.
• Probe, scan, or test the vulnerability of the Service except as part of a security disclosure to us in good faith.
• Use the Service to log activity that is unlawful where you are or to facilitate unlawful activity by others.
• Misrepresent who you are or impersonate any other person.
• Upload viruses, malware, or other malicious code.
• Upload Content depicting people without their consent.

Violations may result in immediate termination and may also be reported to law enforcement.

9. Service availability and changes

We provide the Service on an "as available" basis. We may add features, change features, deprecate features, or discontinue the Service in whole or in part at any time. We will make reasonable efforts to notify you of material changes that affect features you actively use.

The Service depends on third-party platforms (Apple's App Store, Supabase, Sentry, RevenueCat, Anthropic). Outages or changes affecting those platforms may affect the Service.

10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY OUTPUT FROM THE SERVICE (INCLUDING AI KEEPER OUTPUT) WILL BE ACCURATE OR USEFUL.

Some jurisdictions do not allow the disclaimer of certain warranties. In those jurisdictions, the disclaimers above apply only to the maximum extent permitted by law.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE.
• OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE CLAIM AROSE, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

These limits apply even if a remedy fails of its essential purpose.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In those jurisdictions, our liability is limited to the maximum extent permitted by law.

12. Indemnification

You agree to defend, indemnify, and hold harmless Matt Cohen (operator of PhenoLog) from and against any claim, loss, or expense (including reasonable attorneys' fees) arising out of:

• Your use of the Service.
• Your Content.
• Your violation of these Terms.
• Your violation of any law or any third party's rights, including any law governing the cultivation or possession of the plants you are tracking.

13. Governing law and dispute resolution

These Terms are governed by the laws of the State of Maine, United States, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Any dispute arising out of or relating to these Terms or the Service will be brought exclusively in the state or federal courts located in the State of Maine, and you consent to the personal jurisdiction of those courts.

If you are a consumer in a jurisdiction whose mandatory law gives you a right to sue or be sued in your own jurisdiction's courts, this section does not override that right.

14. Termination

You may stop using the Service at any time. To delete your account, email hello@phenolog.app.

We may suspend or terminate your access at any time for any reason, including suspected violation of these Terms. On termination, your license to use the Service ends. Sections that by their nature should survive (intellectual property, disclaimers, limitation of liability, indemnification, governing law) survive termination.

15. Apple-specific terms

The following apply when you use the iOS app:

• These Terms are between you and Matt Cohen (PhenoLog), not between you and Apple. Apple is not responsible for the Service or its content.
• Apple has no obligation to provide maintenance or support for the iOS app.
• If the iOS app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any). To the maximum extent permitted by law, Apple has no other warranty obligation.
• We, not Apple, are responsible for addressing any product or third-party claim relating to the iOS app.
• Apple and Apple's subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

16. Changes to these Terms

We may update these Terms from time to time. When we make a material change, we will update the "Last updated" date and, where the change is material to your rights, notify you in-app or by email before the change takes effect. Continued use of the Service after the change takes effect constitutes acceptance of the updated Terms.

17. Miscellaneous

• Entire agreement. These Terms, together with the Privacy Policy and any Apple-imposed terms, are the entire agreement between you and us regarding the Service.
• No waiver. Our failure to enforce a provision is not a waiver of our right to enforce it later.
• Severability. If any provision is held unenforceable, the rest remains in effect.
• No assignment. You may not assign these Terms without our written consent. We may assign these Terms in connection with a sale of the business.

18. Contact

For any question about these Terms, contact:

Matt Cohen Email: hello@phenolog.app Location: State of Maine, United States