Terms of Service

1. Company Information

PlantCounts is an unincorporated product operated from Saskatchewan, Canada.

Contact: [email protected]

2. Scope and Applicability

a) Individual, Access-Request, and Evaluation Users

These Terms apply to:

• Individual users
• Users who sign up directly
• Evaluation users
• Pilot users without a separate written agreement

b) Enterprise Customers

If you are using the Service under a separate written agreement (including a Master Services Agreement, Pilot Agreement, or Statement of Work), that agreement governs and supersedes these Terms in case of conflict.

3. Eligibility and Authority

You must be at least 18 years old to use the Service.

If you are using the Service on behalf of an organization, you represent that:

• You have authority to bind that organization
• The organization agrees to these Terms

4. Accounts and Access

a) Account Responsibility

You are responsible for:

• Maintaining account security
• All actions taken under your account

b) Pilot and Evaluation Access

PlantCounts may grant limited, temporary, or feature-restricted access for pilots or evaluations. We may:

• Modify features
• Limit usage
• Disable access at the conclusion of a pilot

5. Acceptable Use

You agree not to:

• Upload content you do not have rights to use
• Violate laws or regulations
• Interfere with Service operation or security
• Attempt reverse engineering or unauthorized access

6. Customer Data and Ownership

a) Customer Data

You retain ownership of all data you upload (“Customer Data”), including:

• Images
• Geospatial data
• Field boundaries
• Project metadata

b) License to Process

You grant PlantCounts a limited license to host, copy, store, transmit, process, analyze, retain, and display Customer Data as needed to provide, secure, maintain, support, troubleshoot, back up, and improve the Service and related operations.

c) Data Use for Improvement

We may use aggregated or de-identified data to improve the Service, models, and analytics. We do not currently use identifiable customer-submitted content for broader model training outside normal service delivery without additional notice and, where required, permission.

d) Retention and Deletion

PlantCounts may retain Customer Data, support records, billing records, security logs, backups, and related operational metadata until deleted or no longer needed, subject to legal, accounting, fraud-prevention, security, backup, dispute-resolution, and other legitimate business requirements.

In-product account deletion may deactivate access without immediately erasing all related records. If you want a hard delete of personal data associated with your account, contact [email protected]. Any hard-delete request remains subject to verification and applicable legal or operational constraints.

7. Intellectual Property

PlantCounts retains all rights, title, and interest in the Service, including software, designs, and algorithms. You may not copy, modify, or reverse engineer the Service beyond what is permitted by law.

8. Service Availability

The Service is provided “as is” and “as available.” To the fullest extent permitted by law, PlantCounts disclaims all warranties and conditions, whether express, implied, or statutory, including implied warranties or conditions of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, or quiet enjoyment. We do not warrant that the Service or any output will be uninterrupted, error-free, secure, timely, or meet your requirements. We may change, suspend, or discontinue the Service at any time.

9. Fees and Payment

Introductory promotions or credits may vary. Paid usage may be offered through prepaid credits, invoice billing, or other pricing arrangements we communicate to you before you incur charges.

Credit package pricing, quantities, and any applicable taxes or fees will be shown at checkout or otherwise agreed in writing. Card payments may be processed by a third-party payment processor. Credits are generally added after payment confirmation.

Unless required by law or expressly approved by us, credit purchases are non-refundable. We may withhold, reverse, adjust, or refund credits or related transactions in cases such as failed payments, chargebacks, duplicate purchases, fraud, disputes, goodwill resolutions, or operational/accounting corrections.

10. Termination

We may suspend or terminate access if you violate these Terms. You may stop using the Service at any time. If the Service is terminated, we may retain data for legal, security, accounting, backup, dispute-resolution, and compliance purposes.

11. Disclaimers

PlantCounts does not guarantee that plant counts, analytics, reports, maps, exports, or other output will be accurate, complete, reliable, or fit for operational, agronomic, commercial, financial, insurance, or compliance decisions. Output depends on uploaded imagery, metadata, field conditions, model behavior, and other factors, and may contain errors, omissions, false positives, false negatives, or other inaccuracies. You are responsible for reviewing and validating output before relying on it. The Service is a decision-support tool only and is not a substitute for professional judgment, agronomic advice, field inspection, or independent verification.

12. Limitation of Liability

To the fullest extent permitted by law, PlantCounts will not be liable for any indirect, incidental, special, exemplary, punitive, or consequential damages, or for any loss of profits, revenue, business, goodwill, use, data, or anticipated savings, arising out of or related to the Service, even if advised of the possibility of those damages.

To the fullest extent permitted by law, PlantCounts' total aggregate liability arising out of or related to the Service will not exceed the greater of: (a) the amounts you paid to PlantCounts for the Service in the 12 months before the event giving rise to the claim; and (b) CAD $100.

13. Governing Law

These Terms are governed by the laws of Saskatchewan, Canada, without regard to conflict of law principles.

14. Updates to Terms

We may update these Terms periodically. Updated terms will be posted on this page, and continued use constitutes acceptance of the new terms.

15. Contact

If you have questions about these Terms, contact us at:

[email protected]

Paid credit purchases may also be governed by an updated version of these Terms or a separate agreement, invoice, or order form.