Terms of Use
The short version
- Cultum helps you look after your plants. Plant identification and care advice are best-effort guidance, not guarantees.
- Toxicity information is not medical or veterinary advice. If a person or pet may have eaten a plant, call 911 (or your local emergency number), a poison control centre or a vet straight away.
- Cultum Plus renews automatically through Apple or Google until you cancel. You can cancel online at any time in your store account.
- The photos and garden you add stay yours.
- No forced arbitration and no class-action waiver. Your local consumer-protection laws still apply.
1. The agreement
These Terms of Use are an agreement between you and Vladyslav Blahov, Artem Muradian and Oleksandr Abramov, the individuals residing in Canada who operate Cultum together (“Cultum”, “we”, “us”). “We” means all three of us acting together, and any of us may enforce these terms. They apply to the Cultum apps for iOS and Android and the service behind them. By creating an account or using the app, you agree to these terms. Our Privacy Policy explains how we handle your personal information. If you do not agree, please do not use Cultum.
You agree that we may give you notices and other communications electronically, in the app or by email, and that these satisfy any requirement for them to be in writing.
2. Who can use Cultum
- You must be at least 13 years old.
- If you live in Quebec and are under 14, a parent or guardian must agree to your use of Cultum.
- If you are under the age of majority where you live (18 or 19 in most places), you need a parent or guardian’s permission to buy a subscription. They are then responsible for the purchase.
3. Your account
You sign in with Apple or Google. Keep access to that account secure: anyone who can sign in to it can use your Cultum account. Tell us at hello@cultum.app if you think your account has been misused. You can delete your account at any time in the app, under Settings → Delete account.
4. The service
Cultum lets you identify plants from photos, keep a record of your plants, and get care information and reminders. Some features are free with limits, and others need Cultum Plus. The app shows the current limits and what each plan includes.
We keep improving Cultum, so features may change. We aim to keep the service available, but it may sometimes be interrupted for maintenance or by events outside our control. If we remove a significant paid feature during a period you have already paid for, we will tell you, and you may cancel and ask the store for a refund.
5. Plant information is guidance
Plant identification is automated and can be wrong, and the app shows how confident each match is. Care schedules and advice are general guidance and may not suit your plant, climate or home.
Toxicity information is not medical or veterinary advice and may be incomplete. Never rely on Cultum to decide whether a plant is safe to eat, touch, or keep near children or pets. If a person or animal may have eaten or been harmed by a plant:
- In an emergency, call 911 or your local emergency number.
- In the United States, call Poison Control at 1-800-222-1222.
- In Canada, call your provincial or territorial poison centre.
- For pets, call your vet or an animal poison control line, such as the ASPCA Animal Poison Control Center at (888) 426-4435. A fee may apply.
6. Cultum Plus subscriptions
Automatic renewal terms
- Your subscription continues until you cancel it. Cultum Plus is sold as a monthly or yearly subscription through the Apple App Store or Google Play.
- Recurring charges. At the start of each billing period, you are charged the subscription price shown to you at purchase, plus any applicable taxes. Payment goes to your Apple Account or Google Play account, and is charged when you confirm the purchase or when your free trial ends.
- Free trials. If your plan includes a free trial, its length is shown before you subscribe. When the trial ends, the paid subscription starts and you are charged automatically, unless you cancel before then. On the App Store, cancel at least 24 hours before the trial or billing period ends.
- How to cancel. Cancel online at any time, with no need to contact us:
- App Store: Settings → your name → Subscriptions, on your iPhone or iPad.
- Google Play: Google Play → Profile → Payments & subscriptions → Subscriptions.
- No minimum commitment. There is no minimum number of payments, and no cancellation fee.
Deleting the app or your Cultum account does not cancel your subscription. Only you can cancel it, in your store account.
Free trial details
A free trial is available once per store account and may differ by plan. On the App Store, any unused part of a free trial ends when you buy a subscription.
Receipts
Apple or Google emails you a receipt for each purchase and renewal. You can see your subscription, its price and its renewal date in your store account at any time.
Refunds
Purchases are processed by Apple or Google under their terms, and refunds are handled by them. Request one at reportaproblem.apple.com or through Google Play. This does not limit any refund or cancellation right you have under the consumer-protection laws of your province, territory or state.
Price changes
If the price of your subscription changes, you will be told in advance, through the store and where required by law also by us. Where the law or store rules require it, the new price applies only once you agree to it. You can cancel before a new price takes effect.
Restoring purchases
Your subscription belongs to your Cultum account. Use “Restore purchases” in the app to reconnect it after reinstalling or on a new device. A subscription can be active on one Cultum account at a time.
7. Your content
The photos, plant names, notes and other content you add (“your content”) remain yours. You give us a worldwide, non-exclusive, royalty-free licence to store, process and display your content to provide Cultum to you. This includes sending photos to our identification provider. You also allow us to use the photos you submit for identification, and your corrections, to improve identification accuracy. You can withdraw that permission at any time, as explained in the Privacy Policy. This licence ends when you delete your content or your account, except for copies in backups, which are deleted on a rolling basis as described in the Privacy Policy.
Only upload content you have the right to share. Do not upload photos of people.
If you send us ideas or feedback, we may use them without any obligation to you.
8. Acceptable use
Do not:
- break the law, or infringe anyone else’s rights, using Cultum;
- upload unlawful, harmful or offensive material, or anything that is not a plant photo to the identification feature;
- scrape, copy or resell the service or its content, or access it except through the app;
- get around plan limits, security measures or rate limits, or interfere with the service or other users; or
- reverse engineer the app, except where the law allows it.
We may suspend or close accounts that break these rules. Where it is reasonable, we will tell you why first.
9. Copyright complaints
We respect copyright. If you believe content in Cultum infringes your copyright, email hello@cultum.app with:
- your name, address, phone number and email;
- a description of the copyrighted work, and of where the content you object to appears in Cultum;
- a statement that you have a good-faith belief that the use is not authorized by the owner, its agent or the law; and
- a statement, under penalty of perjury, that your notice is accurate and that you are the owner or authorized to act for the owner, with your physical or electronic signature.
We handle notices in line with the U.S. Digital Millennium Copyright Act and Canada’s notice-and-notice regime under the Copyright Act. We may remove content and, in appropriate cases, close the accounts of repeat infringers.
10. Our content and third-party content
The app, its design and its software belong to us or our licensors. We give you a personal, non-transferable, revocable licence to use the app for your own non-commercial purposes under these terms.
Some plant information and images come from third parties, such as Wikipedia and the NC State Extension Gardener Plant Toolbox. They remain subject to their own licences, which are credited where they appear. Plant identification is provided by Pl@ntNet.
11. Ending the agreement
You can stop using Cultum and delete your account at any time. We may end or suspend your access if you seriously or repeatedly break these terms, if the law requires it, or if we stop offering Cultum. If we discontinue the service, we will give you reasonable notice, stop all renewals, and help you request a refund from the store for any unused part of a period you have paid for. Sections 5, 7 (for backups), 12, 13, 14 and 15 continue to apply after the agreement ends.
12. Disclaimer of warranties
We provide Cultum with reasonable care and skill. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CULTUM IS PROVIDED “AS IS” AND “AS AVAILABLE”, AND WE DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT CULTUM WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT IDENTIFICATIONS, CARE ADVICE OR TOXICITY INFORMATION WILL BE ACCURATE OR COMPLETE.
Some provinces, territories and states, including Quebec, do not allow certain warranties or conditions to be excluded. Where that is the case, the exclusions above do not apply to you to that extent.
13. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (A) WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PLANTS, DATA, PROFITS OR GOODWILL; AND (B) OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO CULTUM IS LIMITED TO THE GREATER OF THE AMOUNT YOU PAID FOR CULTUM PLUS IN THE 12 MONTHS BEFORE THE CLAIM AND CAD $50 (OR USD $50 IF YOU LIVE IN THE UNITED STATES).
Nothing in these terms excludes or limits liability that cannot be excluded or limited by law. This includes liability for death or personal injury caused by negligence, for fraud, or for gross or intentional fault. Some provinces, territories and states, including Quebec and New Jersey, do not allow some or all of these limitations. Where that is the case, they do not apply to you to that extent.
14. Responsibility for misuse
Except where the law where you live does not allow it, including for consumers in Quebec, you agree to reimburse us for reasonable losses and costs, including legal fees, arising from third-party claims caused by your breach of these terms or your unlawful use of Cultum.
15. Disputes and governing law
Talk to us first. Most problems can be solved quickly. Before starting any legal claim, please email hello@cultum.app with a description of the problem, and give us 30 days to try to resolve it. This does not stop you from contacting a consumer-protection agency at any time.
Governing law. These terms are governed by the laws of the Province of Ontario and the federal laws of Canada that apply there.
Your local protections. If you are a consumer, nothing in these terms takes away the protection of the mandatory consumer-protection laws of the province, territory or state where you live. You may bring a claim in the courts where you live, including small-claims court, or in the courts of Ontario.
No forced arbitration. These terms do not require arbitration and do not waive your right to take part in a class action, where the law gives you that right.
16. App Store terms
If you got Cultum from the Apple App Store, these extra terms apply:
- These terms are between you and us, not Apple. We, not Apple, are responsible for the app and its content.
- Your licence to use the app is limited to Apple-branded devices you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
- Apple has no obligation to provide maintenance or support for the app.
- If the 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 the law allows, Apple has no other warranty obligation for the app.
- We, not Apple, are responsible for any claims about the app, including product liability claims, claims that it fails to meet legal or regulatory requirements, and consumer protection or privacy claims.
- If anyone claims that the app or your use of it infringes their intellectual property, we, not Apple, are responsible for investigating, defending, settling and discharging that claim.
- You confirm that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not on any U.S. Government list of prohibited or restricted parties.
- Apple and its subsidiaries are third-party beneficiaries of these terms. Once you accept them, Apple has the right to enforce them against you.
Questions, complaints or claims about the app go to us at hello@cultum.app.
17. General
- Entire agreement. These terms, the Privacy Policy and the store’s terms for your purchase are the whole agreement between you and us about Cultum.
- Severability. If a court finds part of these terms unenforceable, the rest stays in effect, and the affected part is enforced as far as the law allows.
- No waiver. If we do not enforce a term straight away, we can still enforce it later.
- Transfer. We may transfer this agreement to someone who takes over Cultum, provided your rights under it are not reduced. You may not transfer it.
- Events outside our control. We are not responsible for delays or failures caused by events we cannot reasonably control.
18. Changes and contact
We may update these terms, for example when we add features or the law changes. We will update the date at the top. If a change materially affects you, we will tell you in the app at least 30 days before it takes effect. If you do not agree, you can stop using Cultum and cancel your subscription before then. A change never applies to a dispute that arose before it took effect.
Contact: hello@cultum.app.
Vladyslav Blahov, Artem Muradian and Oleksandr Abramov.