Terms of Service

These terms are an agreement between you and FNN Botanicals covering ASH — the app, the website, ASH itself, and anything you buy from us. By creating an account or using ASH, you accept them. If you do not, do not use it.

Our Privacy Policy is part of this agreement and explains what we do with your information.

You need to be at least 13 to have an account. If you are under 18, you may only use ASH with a parent or guardian’s permission, and only they can buy anything. You must be at least 18 to make a purchase or start a subscription.

Keep your password to yourself. You are responsible for what happens under your account, so tell us promptly if you think somebody else has got into it. Give us an email address that actually works — it is how we reach you about your account, and how you get back in if you are locked out.

One person, one account. Do not sell your account or hand it to somebody else.

ASH has a free tier with limits — a weekly cap on AI identifications, and some features held back. Premium is a paid subscription that lifts those limits. What is in each is shown in the app and can change as ASH changes; if we take away something significant that you are paying for, we will tell you first.

• —Premium renews automatically at the price shown when you subscribed, until you cancel.
• —You can cancel any time from your settings. Cancelling stops the next renewal and you keep Premium until the end of the period you have already paid for.
• —We do not refund partial periods unless the law where you live requires it, or unless something went genuinely wrong — in which case write to us, because we would rather sort it out than argue.
• —If we raise the price, we will tell you before it applies to you, and you can cancel.
• —Payment is handled by Stripe. A failed payment may suspend Premium until it is fixed.

You can buy Premium for somebody else. You pay once and we send a code. The recipient needs their own account to redeem it. Gift codes are not refundable once redeemed, cannot be exchanged for cash, and if the address you gave us is wrong, tell us and we will help you get the code to the right person.

More generally: ASH is a gardening tool, not professional advice. It is not medical, veterinary, agricultural, horticultural, or legal advice, and nothing it says creates a professional relationship of any kind. Care schedules, weather warnings, and diagnoses are best-effort suggestions. Plants die for reasons no app can see, and the decisions about your plants — and your business, if you run one — remain yours.

Weather information comes from a third party and can be wrong or late. Do not rely on it alone to protect a crop from frost.

Your photos, notes, and records stay yours. We do not claim ownership of any of it.

To run ASH we need your permission to do certain things with it, so by uploading you grant FNN Botanicals a worldwide, royalty-free licence to store, copy, process, and display your content for the purpose of providing the service to you — including sending it to our AI provider to get you an answer — and to use it to improve how ASH identifies and diagnoses plants.

That improvement licence outlasts deletion, in one narrow way. When you delete a plant, we keep a de-identified copy of its photos and its growth and health record, with every link to you removed. What is kept and what is destroyed is set out precisely in Section 6 of the Privacy Policy, and if you would rather it were purged outright, tell us before you delete the plant and we will do that instead.

You promise that what you upload is yours to upload, and that it does not infringe anybody else’s rights. Do not upload photographs of people. If you turn on a plant passport you are publishing that page yourself, and you are responsible for what is visible in it — including anything in the background of your photos.

When you correct an identification, you are telling us your plant is something else. That applies to your plant immediately. It does not change what ASH tells anybody else unless a human reviews and accepts it, and we may decline any correction without explanation. Submitting a correction gives us permission to use it that way. Deliberately submitting false corrections to poison the data is a breach of these terms and we will close the account.

You can invite people to see and help with your plants. Only invite people you actually intend to give access to — they will see the plants you share and the email address you invited them with. You are responsible for who you invite and for removing them when it ends. Anyone you invite is bound by these terms too.

If you run a business account, you can store customer, supplier, and sales records. That information is yours and you are responsible for it — for having the right to hold it, for telling those people what you are doing, and for following the privacy laws that apply to your business. We hold it for you and use it only to provide the features you are using.

ASH is not an accounting system or a system of record for regulatory purposes. Keep your own books.

We sell physical products, including the Perfect Pot. When you order:

• —An order is accepted when we send you a confirmation, not when you click pay. If we cannot fulfil it, we cancel and refund in full.
• —Prices and shipping are shown before you pay. You are responsible for any import duty or tax on deliveries outside the United States.
• —Delivery estimates are estimates. We are not liable for a carrier being slow.
• —Unused items in their original condition can be returned within 30 days for a refund of the item price. Return shipping is on you unless the item arrived damaged or wrong, in which case it is on us.
• —If something arrives broken, send us a photo and we will replace it or refund it.
• —Plants and any perishable item, if we ever sell them, cannot be returned.

Growing guides that come with a product are suggestions, not guarantees of any particular result.

• —Break the law with it, or grow anything you are not legally allowed to grow where you are. What is legal to cultivate is your responsibility to know, not ours.
• —Upload anything you do not have the right to, anything illegal, or anything showing another person without their consent.
• —Try to manipulate ASH into ignoring its instructions, or use it to generate content unrelated to plants.
• —Scrape, bulk-download, or resell our plant data, species information, or photos.
• —Use automated tools against our systems, hammer our AI endpoints, or work around usage limits — including by making extra accounts.
• —Break, probe, or bypass our security, or try to reach data that is not yours. If you find a vulnerability, report it to us and we will thank you properly.
• —Resell or white-label ASH without a written agreement with us.

We can suspend or close an account that does these things, and for serious cases we will do it without warning.

We aim to keep ASH running but we do not promise it will always be available. We may change, add, or remove features. Things that depend on other companies — the AI, the weather, calendar sync, payments — can break for reasons outside our control.

Reminders and notifications depend on your device, your browser, and your network. Do not treat a missed notification as impossible. If a plant genuinely needs watering on a schedule to survive, keep a backup.

You can close your account whenever you like, from your settings. We can suspend or close an account that breaches these terms, or if we have to for legal reasons. If we close your account without you having done anything wrong, we will refund the unused part of any subscription you have paid for.

Before you go, export your care history — after deletion we cannot get it back for you.

ASH is provided “as is” and “as available”. To the fullest extent the law allows, FNN Botanicals disclaims all warranties, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that ASH will be uninterrupted, error-free, or that any identification, diagnosis, or recommendation it produces will be accurate.

Some places do not allow these exclusions, in which case they do not apply to you and you keep whatever rights your local law gives you. Nothing here is intended to limit liability for death or personal injury caused by our negligence, or for fraud.

To the fullest extent the law allows, FNN Botanicals is not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost data, or lost plants, arising out of your use of ASH — including where a plant, a crop, or a harvest is damaged or lost because of something ASH told you or failed to tell you.

Our total liability for any claim relating to ASH is limited to the greater of the amount you paid us in the twelve months before the claim, or fifty United States dollars.

You agree to indemnify FNN Botanicals against claims, damages, and reasonable legal costs arising from your breach of these terms, from content you uploaded, or from information about other people that you put into a business account without the right to do so.

These terms are governed by the laws of the State of North Dakota, United States, without regard to its conflict-of-laws rules. Disputes go to the state or federal courts located in North Dakota, and both of us consent to that.

If you live somewhere that gives you the right to bring a claim locally or under your own consumer law, this section does not take that away.

Before anybody files anything, please write to us. Nearly everything is faster to fix by email than by lawyer.

If a court finds part of these terms unenforceable, the rest still stands. If we do not enforce something straight away, we have not given up the right to. You may not transfer this agreement; we may transfer it if the business is sold. Together with the Privacy Policy, this is the whole agreement between us about ASH.

We may update these terms. If a change matters, we will update the date at the top and tell you before it takes effect. Carrying on using ASH after that means you accept the new version, and if you do not, close your account.

Write to privacy@fnnbotanicals.com or use the contact form.