Terms of Use

1. Scope of application

1. The following Terms of Use (the “Terms”) shall apply to the relationship between Hortikult Digital Solutions s.r.o. (as defined in Sec. 2 of the Terms, the “Provider”) and the applicable customer, person, or entity (the “Customer”).
2. Services. The Terms shall govern Customer’s use of the services provided by the Provider (the “Service(s)”) via the Plant Provenance Platform that is accessible at https://plantprovenance.com (the “Platform”) and related subdomains.

2. The Provider and their contact details

1. Hortikult Digital Solutions s.r.o., IN: 21833133, with its registered seat at Na Vršku 1007, Kolín IV, 280 02 Kolín, Czech Republic, a company existing and incorporated under Czech laws and registered in the Commercial Register maintained by the Prague Municipal Court under sec. C 407124.
2. Email: hello@hortikult.com
3. Telephone: +420 727874181

3. Conclusion of the Agreement

1. Order Form. The Customer shall create an account on the Platform and may choose a subscription to any Service (or additional Service) available on the Platform. Prices, details, and conditions for the Services can be found in the respective product descriptions and product terms on the Platform (or are calculated individually by the Provider if applicable) and are included in the Order Form (the “Order Form”).
2. Conclusion of the Agreement. The Customer and the Provider shall conclude an agreement at the time the Provider accepts the Customer’s Order form (the “Agreement”). The Provider is not obliged to conclude the Agreement. The Provider shall send to the Customer’s email a confirmation of the Agreement, the Terms, and the Privacy Policy.
3. Terms. The Terms incorporate the Order Form, the Agreement, and the Privacy Policy. In case of any discrepancies, the Agreement shall prevail.
4. Effective Date. Customer hereby agrees to be bound by the Terms as of the creation of the user account on the Platform (the “Effective Date”).
5. Presentation of the Services. The presentation of the Services on the Platform does not constitute a legally binding offer but instead is an invitation to place an order. The Service descriptions do not have the character of an assurance or warranty.

4. Service Rights and Restrictions

1. Grant of Rights. Subject to the terms and conditions of the Terms, Provider grants to Customer a revocable, non-exclusive right to access and use the Service as expressly permitted in the Terms and any applicable Order Form during the subscription term. ‍
2. Support. Provider will use commercially reasonable efforts to make the Service available at all times, excluding when the Service is unavailable due to (a) required system maintenance; and (b) causes outside of Provider’s reasonable control, including without limitation nonperformance of third-party wireless carriers, telecommunications networks, and other intermediary messaging platforms. Provider will provide Customer with reasonable support services under Provider’s standard practices.‍
3. Customer’s conduct. Customer’s access and use of the Service shall at all times comply with the Terms and applicable law. The Customer’s right to access the Customer account is personal, non-transferable, and non-assignable, and is subject to any limits established by the Provider. The Customer agrees to conduct themselves in a dignified and professional manner and shall not engage in any activity that is detrimental to the health, safety, and welfare of other Customers or the Provider. Verbal, physical, written, or other abuse (including threats) towards any Customers, staff members, or any third party is prohibited. The Customer must truthfully provide all the requested personal information.
4. Customer compliance obligations. If specified in the Order Form, the Customer will be able to send Customer messages and write articles to the Platform’s blog during the subscription term. The Customer is solely responsible and liable for:
5. (a) composing and sending all Customer messages and for writing articles, and all content therein (e.g., without limitation, photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection the Service); and (b) ensuring all Customer messages and the content therein do not (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; (iii) promote illegal activities, including, without limitation, in a manner that might be illegal or harmful to any person or entity; (d) distribute, share, or facilitate the distribution of unauthorized data, malware, viruses, Trojan horses, spyware, worms, or other malicious or harmful code; (iv) contain any restricted data according to applicable laws; or (v) violate or cause Provider to violate any applicable laws. Without limiting the generality of the foregoing, Customer shall ensure that (if and to the extent required) the Customer’s conduct complies with applicable rules.
6. Restrictions. Concerning the Service, Customer will not (and will not permit others to): (a) disassemble, decompile, reverse-engineer (except as expressly authorized by law), copy, translate or make derivative works; (b) sell, resell, license (or sub-license), lease, assign, transfer, pledge, or share any of their rights under the Terms with/to any other party, or use for the Service any commercial purpose without Provider’s prior express written consent; (c) obscure, alter or remove any notice of any copyright, trademark, trade name, service mark, logo, or other intellectual property or proprietary right designation appearing on or contained within the Service; (d) transmit or permit to be transmitted any restricted data or other content or data in violation of applicable laws, that infringes any intellectual property rights, or that otherwise violates the Terms.
7. Customer content. No content submitted by the Customer shall contain any content that is obscene, libellous, slanderous or otherwise defamatory, false or misleading or which violates any copyright, right of privacy or publicity or other right of any person, and the member content will not contain any viruses, scripts, macros, or programs or links to macros, scripts, programs, or any code that alters, destroys or inhibits the operation of, or infiltrates, computer systems or data run through such computer systems.
8. No reimbursement. The Customer acknowledges and agrees that any account, content, or message that violates the Terms, as interpreted by the Provider, may be removed, blocked, or otherwise restricted without reimbursement.
9. Account suspension. Provider may suspend or limit the use of the Service by the Customer as Provider deems appropriate to prevent, investigate or otherwise address (a) any suspected misuse of the Service or violation of the Terms, (b) any material risk to the security or performance of the Service or to Provider or any other Provider customer or business partner, or (c) any potential harm to any Provider Member, Customer or to Provider’s reputation or business. Provider will promptly notify Customer of any suspension or limitation and will limit any suspension or limitation in time and scope as reasonably feasible under the circumstances.

5. IP rights and Privacy Policy

1. Provider IP. Except for the rights expressly granted herein, Provider and its licensors retain all right, title, and interest, including all intellectual property rights, in and to the Service and Customer’s accounts. Subject to Customer’s compliance with these Terms and all other applicable terms and policies, the Provider grants to the Customer a limited, non-exclusive, non-sublicensable, non-transferable, non-assignable license to use, access, and integrate with Platform, but only to the extent permitted in these Terms and all other applicable terms and policies. Customer will not sell, transfer, or sublicense Platform and/or the Services to anyone. Except as expressly licensed herein, the Customer will not use, access, integrate with, modify, translate, create derivative works of, reverse engineer, or otherwise exploit Platform and/or the Services or any aspect thereof. The Provider reserves all rights, title, and interest (including the right to enforce any such rights) not expressly granted in these Terms.
2. Customer IP. Customer grants the Provider a non-exclusive, transferable, sublicensable, royalty-free, for time of duration of the IP rights, worldwide license to: host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of any information, data, photos and other content made available by the Customer or on their behalf in connection with Platform and/or Services (collectively, the “Content”) for any business purpose in connection with operating, providing, or improving Platform or any other Service. This license remains in effect even if the Customer stops using the Platform. Without limitation, the Customer’s license to the Provider includes: the right to incorporate the Content into other parts of the Services, the right to attribute the source of the Content using the Customer’s name, trademarks, or logos; the right to use the Content for promotional purposes, and the right to analyse the Content (including to make sure the Customer is complying with these Terms and all other applicable terms and policies).
3. Feedback. The Customer may, from time to time, provide Feedback to the Provider concerning the Service. Any Feedback is given voluntarily, and the Provider may use, disclose, reproduce, commercialize, license, distribute, and exploit Feedback freely, in its sole discretion, without any restriction or obligation of any kind.
4. Privacy Policy. Provider’s collection, use, and disclosure of personal information in connection with the Service is described in the Provider’s Privacy Policy available at https://inside.plantprovenance.com/privacy.

6. Invoicing and payment

1. General. The Customer will pay the Provider all fees specified in an Order Form, in the amounts and at the times specified therein. Payments will be made pursuant to the Provider’s payment instructions. Taxes may be added in accordance with the applicable law. Unless provided explicitly otherwise, all payment obligations hereunder are non-cancelable, and all fees paid hereunder are non-refundable. If payment is not received within the due date indicated in the Order Form, the Provider may, without limiting any of its other rights or remedies, suspend Customer’s access to the Service until overdue amounts are paid in full or immediately terminate the Agreement.
2. Additional paid features. The use of some Service features may require a payment or fee on a per-order, per-use, subscription, or other basis, including applicable taxes as described in the Platform.
3. Card payment. If Customer makes a card payment to Provider, Customer agrees to provide the Provider’s third-party payment processor with certain information to complete the transaction. Customer shall keep all such payment information current. The Provider may update the Customer’s method of payment using information provided by third-party payment service providers. Customer authorizes Provider to continue to charge the applicable method of payment following any update to Customer’s payment Information. The Customer agrees and is aware that the payment processor’s terms and conditions shall apply. ‍
4. Subscription and its automatic renewal. Provider may offer certain Service features for which access and use are purchased or made available on a time-limited basis (each a “Subscription”). The fee for a Subscription will be charged at regular intervals based on the applicable subscription date as shown to the Customer, starting at the time of purchase as indicated in the Order Form. The subscription will renew automatically for the time corresponding to the previous subscription at the end of each subscription period unless and until the Customer cancels via their Customer account. The amount of the Subscription fee is specified in the Order Form.
5. Free Trial. Customer’s Subscription may include a free trial period (“Free Trial”). At the start of each such Free Trial, the Customer may be charged a nominal less than 1 USD to ensure payment information is accurate. Thereafter, Customer will have access to the specified Service feature without payment for the period specified in the Order Form (subject to any additional Terms, which may limit or condition use of the Service feature during the Free Trial). The customer may only cancel a subscription via the Customer account. Unless Customer cancels the Free Trial before the end of the Free Trial period, the Free Trial will automatically convert into a paid Subscription, and Customer will be charged all applicable fees and taxes for such Subscription.

7. Technical requirements

The customer must meet the minimum technical requirements (internet connection, current browser version). Failure to meet the technical requirements for which the Customer is responsible does not allow the Customer to terminate the Terms.

8. Blog and Houseplant Index

1. Licenses: If specified in the Order Form, the Customer can contribute to the Platform’s blog and knowledge base (Houseplant Index), which is based on a free documentation license as specified below. All projects are expected to host only content that is under a free content license, or which is otherwise free as recognized by the definition of Free Cultural Works. The Customer especially agrees to the following licensing requirements:
   1. Text and non-text media to which the Customer holds the copyright. When the Customer submits the content to which they hold the copyright, the Customer agrees to license it under:
      • Creative Commons Attribution-ShareAlike 4.0 License (the “CC BY-SA”), and
      • GNU Free Documentation License (the “GFDL”) (unversioned, with no invariant sections, front-cover texts, or back-cover texts). The purpose of this license is to make a manual, textbook, or other functional and useful document “free” in the sense of freedom: to assure everyone the effective freedom to copy and redistribute it, with or without modifying it, either commercially or noncommercially.
   2. Commercial use. The Customer is aware and agrees that these licenses do allow commercial uses of the Customer contributions, as long as such uses are compliant with the Terms.
   3. Attribution. Attribution is an important part of these licenses. When the Customer contributes text, they agree to be attributed in a usual manner.
   4. No revocation of license. The Customer agrees that they will not unilaterally revoke or seek invalidation of any license they have granted under these Terms, even if they terminate use of the Services.
   5. Non-text media: Non-text media on the Platform are available under a variety of different licenses that support the general goal of allowing unrestricted re-use and re-distribution. The Customer is obliged to comply with the requirements for such licenses when contributing non-text media.
   6. Re-use. Re-use of content that the Platform hosts is welcome, though exceptions exist for content contributed under “fair use” or similar exemptions under copyright law. Any re-use must comply with the underlying license(s). When the Customer re-uses or re-distributes a text page developed on the Platform, the Customer agrees to attribute the authors in a usual manner.
   7. Modifications or additions to material that are reused. When modifying or making additions to text that the Customer has obtained from the Platform, the Customer agrees to license the modified or added content under CC BY-SA and GFDL.
      When modifying or making additions to any non-text media that the Customer has obtained from the Platform, they agree to license the modified or added content in accordance with whatever license under which the work has been made available.
      With both text content and non-text media, the Customer agrees to clearly indicate that the original work has been modified. For each copy or modified version that the Customer distributes, they agree to include a licensing notice stating which license the work is released under, along with either a hyperlink or URL to the text of the license or a copy of the license itself.

9. Newsletter

The Customer agrees that the Provider is allowed to periodically send a newsletter to the Customer’s email that shall include commercial ads. The Provider is the sole editor of the newsletter, and any publication is done solely at its own discretion. If the Customer wishes to contribute to the newsletter or publish an ad, they might contact the Provider via hello@hortikult.com or hello@plantprovenance.com.

10. Term and termination

1. Term of agreement. Unless otherwise provided in an Order Form, the Term commences on the Effective Date and continues until all subscription terms have expired or been terminated. Except as otherwise herein or in an Order Form, a standard subscription term is either one month or 12 months and will automatically renew for the same duration and can be prolonged repetitively until the Customer cancels via the Customer account.
2. Termination rights. Either party may terminate the Terms (including all related Order Forms) or any Agreement if the other party: (a) fails to cure any material breach of the Terms within 30 days after written notice of such breach. Provider may terminate the Terms (including all related Order Forms) or any Agreement immediately upon written notice to Customer for any violation of Sections 4.3, 4.4, 4.5, 4.6, 4.7, 5.1, 5.2, 5.4, 6.1, 6.2, 6.3, 8.1, 9 of the Terms without any refund.
3. Effects of the termination. The termination of the Terms (including all related Order Forms) or the Agreement may have, but is not limited to following effects:
   1. Immediately upon termination of the Terms, Customer must cease all use of the Service. In case only the Agreement was terminated, Customer must cease to use the Services described in the applicable Order Form related to the Agreement.
   2. Provider is not obligated to delete the Content retained in Provider’s databases or automated archives generated by Provider; provided, however. For avoidance of doubt, Provider shall have no obligation or liability to Customer for compliance matters after the expiration or termination of the Agreement.
   3. All accrued and unpaid payment obligations, IP rights, and those provisions that by their nature are intended to survive termination or expiration of the Terms/Agreement shall so survive.

11. The Consumer’s rights

1. The “Consumer” means every natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business, or profession.
2. Right of withdrawal. Consumers have a fundamental right to withdraw from the Terms within fourteen days without stating reasons. The withdrawal period is fourteen days from the Effective date. To exercise your right to withdraw, you should inform the Provider of your decision to withdraw from the Terms by means of a clear statement (e.g. a letter or e-mail) sent to:
   • Hortikult Digital Solutions s.r.o., Na Vršku 1007, Kolín IV, 280 02 Kolín, Czech Republic; or
   • Email: hello@hortikult.com or hello@plantprovenance.com.
   The Consumer may use the model withdrawal form available here, but this is not a requirement. To meet the cancellation period deadline, it is sufficient to send the notification before the expiry of this deadline.
3. Consumer complaints. The Consumer is entitled to complain about the Services provided under the Terms. They may file a complaint in writing to the address of the Provider’s registered office or via email to hello@plantprovenance.com. The Provider is obliged to handle the complaint within 30 days and to inform them about the result of the complaint procedure. The rights and obligations are governed by the relevant provisions of § 1914 et seq. Act no. 89/2012 Coll., Czech Civil Code, as amended.

12. Limited warranties and indemnification

1. Own risk. Use of the content on the Platform is at the Customer’s own risk. Contributions identified by name reflect the opinion of the author and not the opinion of the Provider. The Provider further does not warrant the accuracy and completeness of the content on this Platform.
2. No implied warranties. Except as expressly outlined in the Terms, the Service is provided on an “as-is” and “as-available” basis. All other conditions, representations, and warranties, whether express, implied, statutory, or otherwise, including without limitation any implied warranty or merchantability, fitness for a particular purpose, and noninfringement, are hereby expressly disclaimed by Provider to the maximum extent permitted by law. Provider does not warrant that the service, or access thereto, will be error-free, free of viruses or other harmful components, current or uninterrupted, or that all errors can or will be corrected. Access to and use of the Service may be subject to limitations, delays, and other problems inherent in the use of telecommunications networks, the internet, electronic communications, and third-party materials. Provider is not responsible or liable for any delays, delivery failures, or other damage or loss resulting from such problems.
3. Indemnification. Customer will indemnify, defend and hold Provider, including its respective directors, officers, employees, agents, successors, and assigns (“Provider Indemnitee(s)”) harmless from and against any losses, damages, liabilities, debts, and expenses, including reasonable attorneys’ and experts’ fees that may be incurred by a Provider Indemnitee concerning any claim, demand, suit, inquiry, or cause of action relating to or arising from any (a) alleged use of the Service by Customer resulting in any alleged violation of the Terms or applicable laws; (b) alleged breach of Customer’s representations, warranties, covenants or obligations in the Terms; (c) Content uploaded, transmitted or otherwise provided to the Service and Provider’s use, transmission, access, disclosure, or other processing thereof; or (d) allegation that Customer used the Service, or otherwise caused Provider, to send or receive Customer messages in violation of any Applicable Laws.

13. Limitation of liability

1. No indirect damages. In no event will Provider (including its directors, officers, employees, representatives, agents and suppliers) have any liability arising out of or related to the Terms for any lost profits, revenue, goodwill, or indirect, special, cover, punitive, incidental or consequential damages, whether an action is in contract or tort and regardless of the theory of liability, even if Provider has been advised of the possibility of such damages. The foregoing disclaimer will not apply to the extent prohibited by applicable law.
2. Limit on damages. Under no circumstances will Provider’s (including its directors, officers, employees, representatives, agents and suppliers) aggregate, cumulative liability under the Terms, whether in contract, tort or under any other theory of liability, exceed (a) the fees paid or payable by Customer to Provider during the twelve months before the event(s).
3. Acknowledgement. Customer acknowledges and agrees that all warranty disclaimers, limitations of remedies, exclusions of damages, and limitations of liability in the Terms are a material bargained-for basis of the Terms and have been taken into account and relied upon by Provider in offering the Service for use by Customer.

14. Place of jurisdiction, applicable law

1. The place of jurisdiction and place of fulfilment is the Provider’s place of business.
2. The laws of the Czech Republic shall apply. This does not apply if compelling consumer protection regulations prevail.

15. Alternative dispute resolution

1. Complaints. The Customer can use the following email to submit any complaints: hello@plantprovenance.com.
2. ADR. The Consumer has the right to initiate a procedure concerning an out-of-court resolution of a consumer dispute (ADR) held by the Czech Trade Inspection Authority:
   Česká obchodní inspekce
   Štěpánská 15, 120 00 Prague 2, Czech Republic
   Email: adr@coi.cz
   Web: adr.coi.cz
3. EU ADR. The Consumer may also use the platform of the EU Commission regarding online dispute resolution: https://ec.europa.eu/consumers/odr

16. Miscellaneous

1. Assignment. Neither party may assign any of its rights or obligations under the Terms without the prior written consent of the other party; provided, that Provider may assign the Terms without consent: (a) to an affiliate; (b) to an acquirer or the surviving entity in connection with any merger, consolidation, or sale of all or substantially all of its stock or assets; or (c) in connection with any transaction or series of transactions resulting in a change of control of Provider. Any attempted assignment in violation of the foregoing will be void. Subject to the foregoing, the Terms will be binding on each party and its respective successors and permitted assigns.
2. Force majeure. No failure, delay or default in performance of any obligation of a party (other than a payment obligation) shall constitute an event of default or breach of the Terms to the extent that such failure to perform, delay or default arises out of a cause, existing or future, that is beyond the control of such party, including action or inaction of governmental, civil or military authority; fire; strike, lockout or other labour dispute; flood, terrorist act; war; riot; theft; epidemic, pandemic or quarantine; earthquake, tornado or other natural disaster; failure or diminishment of power or telecommunications or data networks or services; distributed denial of service (DDoS) or other cyberattacks; or refusal of a license by a government agency. The party affected by such cause shall take all reasonable actions to minimize the consequences of any such cause.
3. Effective date and updates. The Terms are effective as of November 1, 2025, and are subject to change without notice by the Provider at any time. Please check for changes regularly. Your use of this Platform after such changes constitutes your agreement to such changes.