Terms of Service

Effective Date: June 18, 2026  ·  Last Updated: June 18, 2026  ·  Version 2.0

1. Eligibility & Age

You must be at least 13 years of age to use FyTevΦ. By creating an account, you represent that you are 13 or older. If you are between 13 and 17, your parent or legal guardian must consent to these Terms on your behalf.

Certain features (marketplace transactions, subscription billing) require you to be 18 or older, or have parental consent.

FyTevΦ is available to users worldwide, subject to applicable local laws. You are responsible for ensuring your use of the platform complies with your local laws and regulations.

2. Your Account

• You are responsible for maintaining the security of your account credentials
• You must provide accurate information when registering
• One account per person — creating duplicate accounts to circumvent scan limits or suspensions is prohibited
• You must notify us immediately of any unauthorized access at support@fytevo.com
• We reserve the right to suspend or terminate accounts that violate these Terms

3. AI Plant Identification Disclaimer

• AI identification results are provided for educational and informational purposes only
• Do NOT use AI identification to determine if a plant is safe to eat, touch, or consume without independent verification by a qualified expert
• Do NOT rely on AI identification for foraging, wildcrafting, or any activity where misidentification could cause injury or death
• Do NOT use AI results to diagnose plant diseases in commercial agriculture without professional consultation
• Always cross-reference identifications with authoritative sources (botanists, university extension services, poison control)
• FyTevΦ expressly disclaims all liability for harm, injury, illness, or death resulting from reliance on AI plant identification

4. Health & Safety Disclaimer

• Always consult a qualified healthcare professional before using any plant for medicinal or dietary purposes
• Plants identified as "medicinal" or "beneficial" may interact with medications or be harmful to specific individuals
• Toxicity information provided is based on AI analysis and publicly available data — it may not be complete or current
• If you or someone else has ingested a plant and you are concerned, contact Poison Control: 1-800-222-1222 (US) or your local emergency services
• FyTevΦ is not liable for any health consequences resulting from information displayed on the platform

5. Acceptable Use

You agree not to:

• Use FyTevΦ for any unlawful purpose or in violation of any applicable law
• Upload illegal content, including content that promotes violence, hatred, or illegal activity
• Harass, abuse, or harm other users
• Scrape, crawl, or use automated tools to extract data without written permission
• Reverse-engineer, decompile, or attempt to access our source code or AI models
• Create accounts to circumvent feature limits, suspensions, or bans
• Impersonate other users or FyTevΦ staff
• Upload scan images of people without their consent
• Attempt to sell or list items prohibited under the Marketplace Terms (Section 7)
• Use the platform to violate agricultural import/export laws (including USDA APHIS plant import regulations)

6. Subscriptions & Billing

• FyTevΦ offers free and paid subscription tiers. Paid features are available on Sprout, Grower, and Pro plans.
• Subscriptions are billed monthly or annually in advance
• Payments are processed by Stripe. By subscribing, you authorize recurring charges to your payment method
• You may cancel your subscription at any time. Access continues until the end of the current billing period. No partial refunds are issued for unused time.
• We reserve the right to change subscription pricing with 30 days notice to active subscribers
• Chargebacks filed without first contacting us may result in account suspension
• Refund Policy: Refunds may be issued within 7 days of initial purchase if you have not used the paid features. To request a refund, contact support@fytevo.com. See full Refund Policy.

7. Marketplace Terms

Permitted Listings

The FyTevΦ Marketplace is for live agriculture only: plants, seedlings, cuttings, seeds, bulbs, fresh herbs, and fresh produce grown by real growers. No manufactured goods, processed food, or non-agricultural items.

Prohibited Listings

• Invasive species listed on USDA or state noxious weed lists
• Federally or state protected plants (Endangered Species Act)
• Controlled substances or plants primarily known as drug precursors
• Plants requiring USDA APHIS import/export permits without documentation
• Mislabeled or fraudulently described plants
• Any item prohibited under federal, state, or local law

Seller Responsibilities

• Sellers are responsible for compliance with all applicable agricultural regulations
• Sellers must accurately describe their listings
• Sellers processing over $600 USD/year through the marketplace may receive IRS Form 1099-K
• FyTevΦ is not a party to transactions between buyers and sellers and is not responsible for disputes
• FyTevΦ reserves the right to remove any listing at any time

FTC Disclosure

FyTevΦ may earn a platform fee on marketplace transactions. This fee is not hidden — it is disclosed during the listing process. No listings are promoted or boosted based on undisclosed payment to FyTevΦ.

8. Your Content & License

You retain ownership of content you submit to FyTevΦ (scan photos, community posts, plant notes). By submitting content, you grant FyTevΦ a non-exclusive, worldwide, royalty-free license to:

• Store, display, and reproduce your content to provide the service
• Use anonymized, aggregated scan data to improve AI identification models

We will not use your identifiable photos for purposes other than operating the platform without your consent. You may delete your content at any time.

9. Intellectual Property

FyTevΦ, its logo, design, AI systems, and all platform content are owned by FyTev LLC and protected by US and international intellectual property laws. You may not copy, reproduce, or distribute any part of FyTevΦ without written permission.

10. DMCA / Copyright

If you believe content on FyTevΦ infringes your copyright, please send a DMCA takedown notice to dmca@fytevo.com including:

• Identification of the copyrighted work claimed to be infringed
• Identification of the material claimed to be infringing, with its URL
• Your contact information
• A statement that you have a good-faith belief the use is not authorized
• A statement under penalty of perjury that you are the copyright owner or authorized to act on their behalf
• Your physical or electronic signature

See full DMCA Policy.

11. Disclaimers & Limitation of Liability

FyTevΦ is provided "as is" and "as available" without warranty of any kind, express or implied. We do not warrant that the service will be uninterrupted, error-free, or that AI identifications will be accurate.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FyTev LLC's total liability to you for any claims arising from your use of FyTevΦ shall not exceed the amount you paid us in the 12 months prior to the claim, or $100, whichever is greater.

FyTev LLC is not liable for: (a) indirect, incidental, or consequential damages; (b) harm from reliance on AI plant identification; (c) actions of third-party sellers on the marketplace; (d) third-party service outages (Stripe, Plant.id, PlantNet).

12. Indemnification

You agree to indemnify and hold harmless FyTev LLC and its officers, directors, and employees from any claims, losses, or damages (including attorneys' fees) arising from: (a) your use of the platform in violation of these Terms; (b) content you submit; (c) your marketplace listings or transactions; (d) your violation of any third party's rights.

13. Governing Law & Disputes

These Terms are governed by the laws of the State of [Your State], United States, without regard to conflict-of-law principles. Any disputes shall be resolved in the courts of [Your State], and you consent to personal jurisdiction there.

Informal Resolution First: Before filing any legal claim, you agree to contact us at support@fytevo.com to attempt informal resolution. We will respond within 30 days.

Class Action Waiver: You agree that any disputes will be resolved on an individual basis and not as part of a class action or representative proceeding.

For EU/EEA residents, the above arbitration and class action waiver may not apply to the extent prohibited by your local consumer protection laws.

14. Termination

We may suspend or terminate your account immediately if you violate these Terms. You may close your account at any time via your account settings or by contacting support@fytevo.com. Upon termination, your license to use FyTevΦ ends. Sections that by their nature should survive termination (disclaimers, limitation of liability, governing law) will survive.

15. Changes to Terms

We may update these Terms at any time. Material changes will be communicated via email and a notice on the platform at least 14 days before taking effect. Continued use after the effective date constitutes acceptance.

16. Contact

FyTev LLC  ·  support@fytevo.com  ·  Contact Form