Terms of Service

These Terms of Service ("Terms") govern your use of the website at https://plantonic.app (the "Website") and the related materials, support, and services we provide there, all offered by Tumalo Creek Holdings, Inc. (the "Company", "we", "us", or "our"). By using the Website you agree to these Terms. If you do not agree, please do not use the Website.

The PlanTonic app for macOS (the "App") is licensed separately under our End User License Agreement at https://plantonic.app/eula. If these Terms and the End User License Agreement conflict regarding the App, the End User License Agreement controls.

1. The App and how it is sold

1.1. The App is a free download from the Mac App Store, with a free 14-day trial and a one-time in-app purchase to unlock it. The Assistant may also be offered as an optional, auto-renewing subscription purchased within the App. No account with us is required or offered. Purchases, subscriptions, billing, and refunds are handled by Apple under Apple's terms.

1.2. The App's Assistant is an optional hosted service we provide, with a limited number of Assistant plans included with the trial and the unlock and a monthly allowance with a subscription, available only in the United States. The End User License Agreement sets out its terms.

2. Use of the Website

2.1. You may use the Website for lawful purposes only. You must not attempt to interfere with the Website's operation, access it by automated means that impose an unreasonable load, or use it to infringe the rights of others.

2.2. You must be old enough to form a binding contract where you live, or use the Website with the consent of a parent or guardian.

3. Intellectual property

3.1. The Website, the App, and their content, features, and functionality are owned by the Company and protected by copyright, trademark, and other intellectual property laws. "PlanTonic" and the PlanTonic logo are our trademarks.

3.2. Plans and other content you create with the App belong to you.

3.3. If you send us a feature request, a bug report, or any other suggestion about PlanTonic, you assign to us all rights in it, including any intellectual property rights, and we may use, copy, modify, and incorporate it into our products and documentation for any purpose. Where an assignment is not effective under applicable law, you instead grant us a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicensable license to do the same.

3.4. Feedback is not confidential, and we are under no obligation to use it, to credit you, or to compensate you for it. We may already be considering or developing something similar. Please do not send us anything you are not free to give us, or that someone else requires you to keep confidential.

4. Third-party services

The Website links to the Mac App Store and may reference third-party services such as Anthropic, OpenAI and Amazon Web Services. Those services are operated by third parties under their own terms and privacy policies. We are not responsible for them.

5. Privacy

Our Privacy Policy at https://plantonic.app/privacy explains what information we handle. The App sends us nothing except, when you use the Assistant, the information the Privacy Policy describes.

6. Disclaimers

THE WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

7. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PLANTONIC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF YOUR USE OF THE WEBSITE. Some jurisdictions do not allow these limitations, so some of the above may not apply to you.

8. Indemnification

You agree to indemnify and hold the Company harmless from any claim or demand, including reasonable attorneys' fees, made by any third party arising out of your use of the Website, your violation of these Terms, or your violation of any rights of another.

9. Changes

9.1. We may change or discontinue the Website, or any part of it, at any time.

9.2. We may revise these Terms by posting the revised version here and updating the version number and effective date. Continued use of the Website after a revision means you accept it.

10. Governing law and disputes

10.1. These Terms are governed by the laws of the State of Nevada, United States, without regard to its conflict-of-law rules.

10.2. Any dispute arising out of these Terms that cannot be resolved informally within 30 days shall be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules in Reno, Nevada, on an individual basis. Either party may instead bring an eligible claim in small claims court. If you are a consumer in a jurisdiction whose law gives you the right to bring claims in your local courts, nothing here removes that right.

11. Contact us

Tumalo Creek Holdings, Inc.
401 Ryland Street, Suite 200-A, Reno, NV 89502, United States
support@plantonic.app