User Agreement

Effective date: October 10, 2025

Part 01. Date of Effectiveness

Effective October 10, 2025, this agreement is between you and Plantmatch, Inc. If you have any questions, please contact us by e-mail at contactus@Plantmatch.co. Please read these terms of use carefully before using a digital service offered by Plantmatch, Inc. (collectively referred to as “Plantmatch”). This agreement sets forth the legally binding terms and conditions for your use of Plantmatch services.

By using our digital services you (the "user" or "you") agree to be bound by this user agreement, including any additional terms and conditions and policies referenced herein and/or available by hyperlink. This agreement applies to all users of Plantmatch, Inc. digital services, including without limitation users who are customers or contributors of content, information and other data.

Part 02. Plantmatch API is a Digital Venue

The Plantmatch API serves as a digital venue to allow users who comply with Plantmatch policies to offer goods for in-room placement. The goods to be offered are limited to living plants in pots with soil.

You agree that the Plantmatch API is a digital venue and as such is not responsible or liable for any content posted by you, other users, or outside parties.

Part 03. User Eligibility

The Plantmatch API is available only to business entities that can form legally binding contracts under applicable law. Plantmatch, Inc., may, in its sole discretion, refuse to offer access to or use of the API to any entity and change its eligibility criteria at any time.

Part 04. Fees and Services

Using the Plantmatch API, setting up an property account, and managing inventory via the API requires purchase of a service package.

Part 05. Restricted Activities

Your content and your use of the Plantmatch API shall not:

a.) Be false, inaccurate or misleading;

b.) Involve any plant species that is regulated by local, state or federal law;

d.) Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy;

e.) Violate this agreement, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);

f.) Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) or any similar agency in the jurisdiction of your listing as hazardous to consumers;

Part 06. Content, License

Plantmatch, Inc. does not claim ownership rights in your content. You grant Plantmatch, Inc. a license solely to enable Plantmatch, Inc. to use any information or content you supply so that Plantmatch, Inc. is not violating any rights you might have in that content. You grant Plantmatch, Inc. a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the content, in any media now known or not currently known, with respect to your content. You agree to allow Plantmatch, Inc. to store, re-format and display your content as needed for successful integration to your operations.

Part 07. Account Information

You must keep your account information up-to-date and accurate at all times, including a valid e-mail address.

Part 08. Risks and Liabilities

By using the Plantmatch API you agree that to the maximum extent permitted by applicable law, Plantmatch, Inc. (and Plantmatch, Inc. officers, creators and employees), under no circumstances, will be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind.

Part 09. Resolution of Disputes and Release

In the event a dispute arises between you and Plantmatch, Inc., please contact Plantmatch, Inc.. Any dispute arising from or relating to the subject matter of this user agreement shall be finally settled by arbitration in Washington State, the United States of America, using the English language in accordance with the Arbitration Process for Washington State (https://www.atg.wa.gov/consumer-issues) then in effect. The prevailing party in any arbitration or other proceeding arising under this agreement shall be entitled to receive reimbursement only of subscription fees paid to Plantmatch, Inc. via the mobile application. You and Plantmatch, Inc. agree that any cause of action arising out of or related to the mobile application or this user agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

Should you have a dispute with one or more other Plantmatch mobile application users, you release Plantmatch, Inc. (and Plantmatch, Inc.'s officers, creators and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Plantmatch, Inc. encourages users to report user-to-user disputes to your local law enforcement or a certified mediation or arbitration entity, as applicable.

Part 10. Plantmatch, Inc.’s Intellectual Property

Plantmatch, Inc. graphics, logos, designs and service names are the intellectual property of Plantmatch, Inc. in the United States and other countries. Plantmatch, Inc.'s intellectual property may not be used in connection with any product or service in any manner that is likely to cause confusion.