This End User License Agreement (“EULA”) is a legal agreement between you (“End User” or “you”) and Grove Tech, LLC (“Developer,” “we,” “us,” or “our”) governing your use of the Grove mobile application and related application content and services (the “Application”). By downloading, installing, accessing, or using the Application, you agree to this EULA.
1. Acknowledgement and Platform Terms
This EULA is concluded between you and Developer only, and not with Apple Inc. (“Apple”) or Google LLC (“Google”). Developer, not Apple or Google, is solely responsible for the Application and its content. For an Application obtained through Apple’s App Store, this EULA may not provide usage rules that conflict with the Apple Media Services Terms and Conditions or other applicable Apple usage rules. For an Application obtained through Google Play, your use is also subject to applicable Google Play terms.
2. Scope of License
Subject to your compliance with this EULA, Developer grants you a limited, revocable, non-exclusive, non-transferable license to install and use the Application for your personal, lawful use. For an Application obtained through Apple’s App Store, the license is limited to use on Apple-branded products that you own or control and as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the Application may be accessed and used by other accounts associated with the purchaser where Apple permits, including through Family Sharing, volume purchasing, or Legacy Contacts. No rights are granted except those expressly stated in this EULA.
3. Restrictions
Except to the extent a restriction is prohibited by applicable law, you may not reverse engineer, decompile, disassemble, modify, create derivative works of, copy, redistribute, sublicense, rent, lease, sell, resell, or commercially exploit the Application; use automated means to scrape or extract data without authorization; circumvent access controls or security features; interfere with the operation or integrity of the Application or related systems; or use the Application for unlawful, fraudulent, abusive, or infringing purposes.
4. Ownership
The Application, including its software, design, trademarks, graphics, interfaces, and other intellectual property, is licensed and not sold. Developer and its licensors retain all right, title, and interest in and to the Application except for rights expressly granted to you under this EULA. User Content remains subject to Section 8.
5. Maintenance and Support
Developer is solely responsible for providing maintenance and support services for the Application as required by applicable law or as otherwise offered by Developer. Apple has no obligation whatsoever to furnish maintenance or support services for the Application. Google’s responsibilities, if any, are governed by the applicable Google Play terms.
6. Updates and Changes
Developer may provide updates, upgrades, patches, bug fixes, or other changes to the Application. Updates may be distributed through the applicable app marketplace and may be required for security, functionality, or continued compatibility. Some features may change or be discontinued, subject to applicable law.
7. Third-Party Services and Terms
The Application may interact with or rely on third-party services, software, networks, content, or infrastructure. Your use of those third-party services may be governed by separate terms and privacy policies. You agree to comply with all applicable third-party terms when using the Application, including applicable wireless data, internet service, device, Apple, App Store, Google Play, and other service-provider agreements.
8. User Content
You are responsible for photos, text, listings, messages, comments, plant records, and other content you upload, submit, transmit, or make available through the Application (“User Content”). You represent and warrant that you have the rights and permissions necessary to provide your User Content and that your User Content and use of the Application will not violate applicable law or the rights of others. Your rights in User Content and any license needed for Grove to host, display, process, or distribute it are also subject to Grove’s applicable Terms of Use and Privacy Policy.
9. Marketplace and User Transactions
Grove may provide features that allow users to discover listings, communicate, or coordinate transactions with other users. Unless expressly stated otherwise in the Application, Developer is not the buyer or seller of user-listed plants or other goods and does not guarantee a user, listing, item, transaction, shipment, payment, or outcome. Users are responsible for complying with applicable laws and any terms governing their transactions.
10. Warranty
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND EXCEPT WARRANTIES THAT CANNOT LAWFULLY BE DISCLAIMED. DEVELOPER IS SOLELY RESPONSIBLE FOR ANY PRODUCT WARRANTIES, WHETHER EXPRESS OR IMPLIED BY LAW, TO THE EXTENT NOT EFFECTIVELY DISCLAIMED. If an Application obtained through Apple’s App Store fails to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the Application. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Application, and Developer is responsible for other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to an applicable warranty.
11. Product Claims
Developer, not Apple, is responsible for addressing claims by you or any third party relating to the Application or your possession or use of the Application, including product-liability claims, claims that the Application fails to conform to applicable legal or regulatory requirements, and claims arising under consumer-protection, privacy, or similar laws. Nothing in this EULA limits Developer’s liability beyond what applicable law permits.
12. Intellectual Property Claims
If a third party claims that the Application or your possession or use of the Application infringes that third party’s intellectual property rights, Developer, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of that intellectual-property infringement claim, to the extent required by applicable law.
13. Export and Legal Compliance
You agree to comply with applicable export-control, sanctions, and trade laws. You represent and warrant that you are not located in a country or region that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country or region, and that you are not listed on any U.S. Government list of prohibited or restricted parties. You will not use the Application in violation of applicable law.
14. Termination
This EULA is effective until terminated. Your rights under this EULA will terminate if you materially violate this EULA, subject to any notice or cure rights required by applicable law. Upon termination, you must cease use of the Application. Provisions that by their nature should survive termination will survive, including ownership, disclaimers, limitations of liability, and provisions concerning claims.
15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DEVELOPER AND ITS LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THE APPLICATION OR THIS EULA. ANY LIMITATION OR EXCLUSION IN THIS SECTION APPLIES ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW AND DOES NOT EXCLUDE OR LIMIT RIGHTS OR REMEDIES THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.
16. Apple as Third-Party Beneficiary
For an Application obtained through Apple’s App Store, you and Developer acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of this EULA. Upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary.
17. Developer Contact Information
Questions, complaints, support requests, or claims concerning the Application should be directed to Developer:
Grove Tech, LLC
143 Hampshire Square SW
Leesburg, VA, 20175
Email: support.grove@gmail.com
18. Governing Terms and Severability
This EULA is subject to applicable law and to any non-waivable consumer rights in your jurisdiction. If any provision is held invalid or unenforceable, that provision will be enforced to the maximum extent permitted and the remaining provisions will remain in effect. If Grove’s Terms of Use contain additional terms governing your account, community participation, marketplace activity, or services, those terms apply in addition to this EULA; if there is a conflict concerning the license to the Application, this EULA controls to the extent required by applicable app-store rules.