Terms & Conditions

Effective Date: December 11, 2024

The Ginkgo App ("App") is provided to you by Hinoki Design LLC ("we", "us", "our") through Apple's App Store. By downloading or using our App, you agree to comply with and be bound by the following Terms and Conditions. Please read these carefully before using the App. If you do not agree with any part of these terms, you may not access or use the App.

1. Use of the App

Ginkgo is designed to help users track their plant care and monitor plant health. By using the App, you agree to use it solely for its intended purpose. You agree not to misuse the App in any way, including but not limited to:

Attempting to reverse-engineer, disassemble, or decompile any aspect of the App
Using the App for any illegal activity or in a manner that could cause harm to others
Engaging in any activity that could damage or disrupt the App’s services, infrastructure, or reputation

2. Subscriptions, Payments, and API Quotas

Ginkgo offers additional features through a subscription service managed by RevenueCat. By subscribing to Ginkgo+, you agree to the applicable subscription fees, billing cycles, and terms set forth by the platform (Apple’s App Store). You can manage or cancel your subscription at any time through your Apple account settings. All subscription fees are non-refundable, except where required by law.

API Quotas: Certain features in Ginkgo (such as plant identification and health checks) are powered by AI and require API calls to external services. These AI-powered features operate within a set quota to ensure fair usage and reliable service for all users. Requests that exceed the allocated quota may be rejected, resulting in limited or delayed access to these features. Ginkgo reserves the right to adjust quotas or limit access to AI features based on individual usage, service availability, changing API costs, or other factors as necessary to ensure continued service.

3. Third-Party Services

Ginkgo integrates with various third-party services to provide its functionality, including:

OpenAI for plant identification and health checks.
AIProxy for backend services.
RevenueCat for subscription management.
TelemetryDeck for analytics.

By using Ginkgo, you agree to the terms and conditions and privacy policies of these third-party services. We are not responsible for the data practices of these third parties, and we recommend reviewing their policies.

4. Intellectual Property

All content within the App, including text, images, software, and other materials, are the property of Ginkgo or its licensors and are protected by applicable intellectual property laws. You agree not to reproduce, distribute, or create derivative works based on this content without explicit permission.

5. User-Generated Content

You may upload plant photos and related data as part of the app’s functionality. By uploading such content, you grant Ginkgo a non-exclusive, royalty-free license to use, display, and process this content solely for the purpose of providing the App’s services. You represent that you have the necessary rights to share this content and that it does not infringe on the rights of any third party.

6. Termination

We reserve the right to suspend or terminate your access to Ginkgo at any time, with or without cause, and without prior notice if you violate these Terms and Conditions or engage in any behavior that negatively affects the App, its services, or other users.

7. Limitation of Liability

Ginkgo is provided “as is” without any warranties, express or implied. We do not guarantee the accuracy, completeness, or usefulness of the information provided through the App. You use the App at your own risk, and we are not liable for any damages arising from your use of the App, including but not limited to plant health outcomes, data loss, or any other direct, indirect, or incidental damages.

8. Changes to Terms and Conditions

We may update these Terms and Conditions from time to time. When we make changes, we will revise the “Effective Date” at the top of this page. Your continued use of the App after any such updates constitutes your acceptance of the revised terms.

9. Governing Law

These Terms and Conditions are governed by and construed in accordance with the laws of New York. Any disputes arising from or related to these terms will be subject to the exclusive jurisdiction of the courts in New York.

10. Contact Us

If you have any questions or concerns about these Terms and Conditions, please contact us at info@hinoki.nyc.