Terms of Service

1. Acceptance of Terms

Welcome to Microgreen Tracker ("the Service"), operated by On The Grow, LLC ("we," "us," or "our"). By creating an account, accessing, or using the Service, you ("you" or "the user") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

1.1 Eligibility. You must be at least 18 years old and able to form a binding contract to use the Service. The Service is not directed to children, and we do not knowingly collect personal information from anyone under 13.

1.2 Authority. If you use the Service on behalf of a business or other entity, you represent that you have authority to bind that entity, and "you" refers to both you and that entity.

1.3 Electronic communications. You consent to receive notices, agreements, and other communications from us electronically, including by email and by posting within the Service. Electronic communications satisfy any legal requirement that a communication be in writing.

2. Description of Service

Microgreen Tracker is a record-keeping and scheduling application for microgreen growers. It is used to:

• Track trays from sowing through harvest
• Manage customer information and orders
• Maintain seed, medium, fertilizer, and equipment inventory
• Monitor grow cycles, harvest data, and cost figures
• Generate reports and export records

2.1 The Service is a tool, not an authority. Growing timings, harvest date projections, expected yields, sow weights, and cost figures are estimates produced from a reference catalog and from values you enter. They are not agronomic, food-safety, financial, or business advice, and they do not account for your environment, water, seed lot, equipment, or technique. You are responsible for verifying anything you rely on. See our Disclaimer, which forms part of these Terms.

2.2 Changes to the Service. The Service is under active and continuing development. We may, at any time and at our discretion, add, change, suspend, or remove any part of it — including features, functionality, the user interface, layout, design, navigation, workflows, naming, default settings, integrations, and the reference catalog and its values. We may also change how existing features work, replace them, or retire them. We may offer features identified as beta, preview, or experimental; those are provided as-is, may be withdrawn without notice, and are excluded from any commitment in these Terms.

2.3 No reliance on a particular feature. Nothing in these Terms obliges us to provide, keep, or continue supporting any particular feature, and no description of the Service — on our marketing pages, in help content, or elsewhere — is a promise that a feature will remain available or work in a particular way. Do not adopt the Service in reliance on any single feature continuing to exist.

2.4 Changes to plans. We may change what each plan includes, including tray limits, collaborator seats, and which features require a paid plan. If a change materially reduces what your paid plan includes during a term you have already paid for, we will give you notice and you may cancel under Section 8. Price changes are governed by Section 8.5.

2.5 Discontinuing the Service. We may discontinue the Service in whole or in part. Where practical and lawful we will give you advance notice and a period in which to export your data. See Sections 9.3 and 14.

3. Accounts, Workspaces, and Collaborators

3.1 Account creation. You must provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account.

3.2 Account security. Notify us immediately at info@onthegrow.net of any unauthorized use or suspected breach. We are not liable for loss arising from your failure to safeguard your credentials.

3.3 Plan limits. Every plan includes the day-to-day application; the number of active trays and collaborator seats is limited by your plan. Free accounts include a limited number of active trays. Certain features — the Grow Stats analytics page, cost analytics, and data export — require a paid plan.

3.4 Workspaces and collaborators. A paid account owner may invite collaborators into their workspace. The owner is responsible for the acts and omissions of everyone they invite, for ensuring each invitee is authorized to see the workspace's data, and for removing access when it is no longer appropriate. Collaborators have full access to the grow data in that workspace. The owner controls billing, membership, and deletion of the workspace; a collaborator cannot delete a workspace they do not own.

4. Acceptable Use

You agree not to, and not to permit anyone else to:

• Reverse engineer, decompile, or attempt to derive the source code of the Service, except where that restriction is unenforceable by law
• Resell, sublicense, rent, or provide the Service to third parties as a service bureau
• Access the Service by automated means — scraping, crawling, or bulk extraction — outside the export features we provide
• Probe, scan, or test the vulnerability of the Service, or circumvent any authentication, rate limit, plan limit, or access control
• Interfere with or place undue load on the Service or its infrastructure
• Use the Service to build or assist in building a competing product
• Upload malicious code, or use the Service to store or transmit unlawful material
• Misrepresent your identity or affiliation, or use another user's account without permission
• Use the Service in violation of applicable law, including export control and sanctions law

We may investigate suspected violations and may suspend or terminate access under Section 14.

5. Your Data and Privacy

5.1 Our handling of your data is described in our Privacy Policy, which forms part of these Terms.

5.2 Personal information about other people. The Service lets you store information about your customers — names, business names, email addresses, phone numbers, addresses, and order history. As between you and us, you are responsible for that information: for having a lawful basis to collect and store it, for providing any notices and obtaining any consents your customers are owed, for its accuracy, and for responding to their requests to access or delete it. We process it only to provide the Service to you. You will not upload special categories of sensitive data — health, biometric, government identification, financial account numbers, or children's data — into the Service.

5.3 De-identified grow data. We collect, retain, and use de-identified data about how crops are grown — timings, densities, mediums, methods, yields, quality, water use, costs, and failure reasons — as described in Section 3.5 of the Privacy Policy and in the Disclaimer. It excludes your identity, your notes, and everything about your customers, and it carries no link to your account. We retain it permanently, including after you delete your account, because it is not personal information and cannot be traced back to you. We will not attempt to re-identify it. Part of our business model depends on this data, and your agreement to it is a condition of using the Service.

5.4 This applies on every plan. De-identified grow data is collected identically whether you use the Service free or on a paid plan. Your plan determines what you can see — Grow Stats, cost analytics, and export are paid features — not what we record from the growing itself. Section 3.5 of the Privacy Policy lists exactly what is recorded.

6. User Content

6.1 Ownership. You retain ownership of all content you enter into the Service, including notes, customer records, and grow records ("User Content").

6.2 License to us. You grant us a limited, non-exclusive, worldwide, royalty-free license to host, store, process, transmit, and display your User Content solely to operate and provide the Service to you, and to create the de-identified grow data described in Section 5.3. This license ends when the content is deleted, except for de-identified data, which we retain permanently under Section 5.3, and for copies in routine backups until they expire.

6.3 Your responsibility. You are solely responsible for your User Content and represent that you have the rights necessary to store it and to grant the license above.

6.4 Prohibited content. You may not upload content that infringes intellectual property rights, contains unlawful or harmful material, violates privacy rights, or is used for fraudulent purposes.

6.5 No obligation to monitor. We have no duty to screen User Content, but we may remove content that violates these Terms or the law.

7. Intellectual Property

7.1 Our property. The Service, including its software, design, reference crop catalog, and documentation, is owned by On The Grow, LLC and protected by copyright, trademark, trade secret, and other laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service according to these Terms and your plan. All rights not expressly granted are reserved.

7.2 Trademarks. "On The Grow" and "OnTheGrow" and their related logos are trademarks of On The Grow, LLC, certain of which are registered with the U.S. Patent and Trademark Office. You may not use them without our prior written consent.

7.3 Feedback. If you send us feedback, suggestions, or improvement ideas ("Feedback"), you grant us a perpetual, irrevocable, non-exclusive, royalty-free, worldwide license to use and incorporate that Feedback without obligation or compensation to you.

8. Subscriptions, Billing, and Cancellation

8.1 Plans and fees. Paid plans are billed as monthly subscriptions in U.S. dollars at the price shown at checkout. Our payment processor is Stripe; we do not receive or store your full card details.

8.2 Automatic renewal. Paid subscriptions renew automatically each month at the then-current price until you cancel. There is no contract term and no cancellation fee. You authorize us, through Stripe, to charge your payment method on each renewal date.

8.3 Cancellation. You may cancel at any time from within the Service, through the billing portal in your account settings — the same way you subscribed. Cancellation stops future charges. Your paid access continues through the end of the period you already paid for, and then ends.

8.4 Refunds. Fees already paid are non-refundable, including for unused time in a billing period, except where a refund is required by law or expressly stated in our Refund Policy, which governs refunds and which forms part of these Terms. If you believe you were billed in error or charged twice, contact us at info@onthegrow.net and we will investigate.

8.5 Price changes. We may change prices. We will give you notice before a renewal at a new price, in the timeframe required by applicable law, and the new price applies only to renewals after that notice. If you do not accept a new price, cancel before it takes effect.

8.6 Free plan. The free plan has no time limit, requires no payment method, and does not automatically convert to a paid plan.

8.7 Non-payment. If a charge fails, we may suspend paid features or downgrade your account until payment succeeds. Data above the free plan's limits may become read-only rather than being deleted.

8.8 Taxes. Fees exclude taxes. You are responsible for all applicable taxes other than taxes on our net income.

9. Availability, Support, and Backups

9.1 Availability. We aim to keep the Service available but do not guarantee uninterrupted access. We may perform maintenance or experience outages. We offer no service level agreement and no uptime commitment.

9.2 Support. Support is provided by email at info@onthegrow.net. Response times vary.

9.3 Backups. We maintain routine backups for our own operational purposes. They are not a service to you, and you should not rely on them. You are responsible for keeping your own copies of important data. Export features are provided for this purpose.

10. Third-Party Services

The Service depends on third parties including our hosting provider, database and authentication provider, email provider, and payment processor. It may also link to third-party sites. We do not control those services and are not responsible for their availability, performance, acts, or omissions. An interruption or failure caused by a third-party provider is not a breach of these Terms by us. Your use of any third-party service is governed by that party's own terms.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. To the maximum extent permitted by law, we disclaim all warranties, express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from course of dealing or usage of trade.

We do not warrant that the Service will be uninterrupted, secure, timely, or error-free; that defects will be corrected; or that data, projections, timings, yields, or cost figures produced by the Service will be accurate or complete. We make no guarantee of crop outcome, yield, harvest timing, food safety, business result, or profitability. Growing outcomes depend on conditions outside our control.

Some jurisdictions do not allow exclusion of certain warranties, so parts of this section may not apply to you.

12. Limitation of Liability

12.1 Excluded damages. To the maximum extent permitted by law, On The Grow, LLC and its members, officers, employees, contractors, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost or spoiled crops, lost business opportunity, loss of goodwill, or loss or corruption of data, arising out of or relating to the Service — whether based in contract, tort, negligence, strict liability, or any other theory, and even if we have been advised of the possibility of those damages.

12.2 Liability cap. Our total aggregate liability for all claims arising out of or relating to the Service or these Terms will not exceed the greater of (a) the total amount you paid us in the twelve months immediately before the event giving rise to the claim, or (b) one hundred U.S. dollars ($100).

12.3 Essential purpose. The limitations in this section apply even if a limited remedy fails of its essential purpose, and they reflect an allocation of risk that is a fundamental part of the bargain between us — the fees would be materially higher without them.

12.4 Time limit on claims. Any claim arising out of or relating to the Service or these Terms must be brought within one (1) year after the claim arose, or it is permanently barred, except where a longer period is required by law.

12.5 Exceptions. Nothing in these Terms limits liability that cannot be limited by law, including liability for fraud, fraudulent misrepresentation, gross negligence, or willful misconduct. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

13. Indemnification

You agree to defend, indemnify, and hold harmless On The Grow, LLC and its members, officers, employees, contractors, and agents from and against any claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or relating to:

• Your use of or access to the Service
• Your violation of these Terms or of applicable law
• Your violation of any third-party right, including intellectual property and privacy rights
• Your User Content, including personal information about your customers stored in the Service
• Any act or omission of a collaborator you invited into your workspace
• Any claim by a customer of yours relating to your products, your growing practices, or your business

We will notify you of any claim we seek indemnity for and may participate in the defense at our own expense. You may not settle any claim in a way that imposes an obligation on us without our written consent.

14. Term and Termination

14.1 By you. You may stop using the Service at any time. You may cancel a paid subscription from the billing portal (Section 8.3) and may schedule deletion of your account and its data from Settings → Account. Scheduling deletion cancels your subscription immediately and starts a 30-day grace period during which you can call it off; after that the account and its data are permanently deleted and cannot be restored.

14.2 By us. We may suspend or terminate your access, with or without notice, if you breach these Terms, if we reasonably suspect fraud, abuse, or unlawful use, if required by law, or if we discontinue the Service. Where practical and lawful we will give you notice and an opportunity to export your data.

14.3 Effect. On termination your right to use the Service ends immediately. Deleted data cannot be recovered. We may retain data as required by law or for legitimate business purposes such as tax records and fraud prevention. De-identified grow data (Section 5.3) is not affected by deletion and is retained permanently, because it cannot be linked back to you.

14.4 Survival. Sections 5.3, 6.2, 6.3, 7, 8.4, 9.3, 10, 11, 12, 13, 14.3, 15, 16, and 18 survive termination.

15. Governing Law and Venue

These Terms are governed by the laws of the State of Texas, without regard to its conflict of law rules, and by applicable U.S. federal law. Subject to Section 16, you and we agree that any dispute not subject to arbitration will be brought exclusively in the state or federal courts located in Rockwall County, Texas, and you consent to personal jurisdiction and venue there. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

16. Binding Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

16.1 Informal resolution first. Before starting arbitration, you agree to contact us at info@onthegrow.net with a written description of the dispute and the relief you seek, and to give us 60 days to resolve it informally. We will do the same before bringing a claim against you. This step is a condition of starting arbitration.

16.2 Agreement to arbitrate. If the dispute is not resolved, you and we agree that any dispute, claim, or controversy arising out of or relating to the Service or these Terms will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court. The Federal Arbitration Act governs this section.

16.3 Exceptions. Either party may bring an individual claim in small claims court if it qualifies, and either party may seek injunctive or equitable relief in court to protect intellectual property or to stop unauthorized access to the Service.

16.4 Class action waiver. Claims may be brought only in an individual capacity, not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate claims or preside over any form of representative proceeding, and may award relief only to the individual party seeking it. If this waiver is found unenforceable as to a particular claim, that claim — and only that claim — must proceed in court under Section 15, and the rest of this Section 16 remains in force.

16.5 Jury trial waiver. You and we waive any right to a jury trial for disputes covered by this section.

16.6 Arbitration procedure. Arbitration will be conducted in Rockwall County, Texas, or, at your election, by telephone, videoconference, or on written submissions. The arbitrator's decision is final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party bears its own attorneys' fees unless a statute or the arbitrator's award provides otherwise. If you are a consumer and the AAA's Consumer Arbitration Rules apply, we will pay the filing, administration, and arbitrator fees to the extent those rules require.

16.7 Your right to opt out. You may opt out of this arbitration agreement by emailing info@onthegrow.net with the subject line "Arbitration Opt-Out" and your account email, within 30 days of first accepting these Terms. Opting out does not affect any other part of these Terms, and it will not affect your account or your use of the Service in any way.

16.8 Survival. This section survives termination of your account and of these Terms.

17. Changes to These Terms

We may modify these Terms. If a change is material, we will provide at least 30 days' notice before it takes effect, by email or by notice within the Service, and will update the "Last updated" date. Changes do not apply retroactively to a dispute that arose before they took effect. By continuing to use the Service after a change takes effect, you accept the revised Terms. If you do not accept them, stop using the Service and cancel your subscription.

18. General

18.1 Entire agreement. These Terms, together with the Privacy Policy, Cookie Policy, Refund Policy, and Disclaimer, are the entire agreement between you and us about the Service and supersede any prior agreements or understandings.

18.2 Severability. If any provision is held invalid or unenforceable, it will be limited or removed to the minimum extent necessary and the remaining provisions stay in full force.

18.3 No waiver. Our failure to enforce a provision is not a waiver of it.

18.4 Assignment. You may not assign or transfer these Terms without our written consent. We may assign them in connection with a merger, acquisition, reorganization, or sale of assets. Any prohibited assignment is void.

18.5 Force majeure. Neither party is liable for a delay or failure to perform caused by events beyond its reasonable control, including acts of nature, war, terrorism, civil unrest, labor disputes, utility or internet failures, and failures of third-party providers.

18.6 Relationship. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and us.

18.7 No third-party beneficiaries. These Terms do not confer rights on anyone who is not a party to them.

18.8 Headings. Section headings are for convenience only and do not affect interpretation.

19. Contact

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