End User License Agreement (EULA)

Last updated: March 22, 2025

Welcome to SproutIQ Garden Planner! This End User License Agreement (“Agreement” or “EULA”) is a legal agreement between you (“User” or “you”) and Neural Appworks, LLC (“Company,” “we,” “us,” or “our”), the creator and provider of the SproutIQ Garden Planner mobile application (“SproutIQ” or the “app”). By downloading, installing, or using the SproutIQ app, you agree to be bound by the terms of this EULA. If you do not agree to these terms, you must not use the app.

We wrote this agreement in a friendly tone to make it easy to understand, but it’s still a legal contract about your use of SproutIQ Garden Planner. Please read it carefully. It covers topics such as how you can use the app, subscription billing, acceptable use guidelines, important disclaimers (especially about gardening advice and AI-generated content), and what happens if either of us needs to terminate this agreement.

If you are under 18, you should review this agreement with a parent or guardian. You must be at least 13 years old to use SproutIQ Garden Planner. If you are 13 or older but under the age of majority in your region, your parent or guardian must review and agree to these terms on your behalf. If you are under 13, you are not permitted to use this app.

1. LICENSE GRANT AND SCOPE OF USE

Grant of License: Subject to your compliance with this EULA, we grant you a personal, limited, non-exclusive, non-transferable, and revocable license to download, install, and use SproutIQ Garden Planner on your personal device(s). This license is for the sole purpose of using the app for your own personal, non-commercial gardening planning and education. In plain language: you’re allowed to use the app for yourself, but you don’t own it, and you can’t give it to anyone else or use it in unauthorized ways.

Scope of Use: You may install and use SproutIQ on multiple devices that you own or control (for example, your phone and your tablet), as permitted by the app store’s rules (Apple App Store or Google Play). However, your use of the app is tied to your account, and you must be the one using your account. You agree not to share your account credentials with others or allow others unauthorized access to the app through your account.

Family Sharing: If you have family-sharing or similar multi-user privileges through the app store, this EULA’s terms apply to each individual who accesses the app under your account or license. Make sure anyone who uses SproutIQ via your account (such as a family member) is aware of and follows these terms.

Ownership: This EULA is not a sale of the software or any intellectual property. We (Neural Appworks, LLC) retain all right, title, and interest in and to the SproutIQ app, including all content, information, and software provided through the app (except for content that you input, as described in Section 3 below). All trademarks, logos, and service marks displayed in the app are our property (or that of our partners or licensors). We are simply giving you permission (a license) to use our app under the conditions described here. You may not transfer, assign, or sublicense this license to anyone else.

2. PREMIUM FEATURES AND SUBSCRIPTIONS

SproutIQ Garden Planner is free to download and use at a basic level. We also offer optional premium features that enhance the app’s functionality, which are accessible through a paid subscription (“SproutIQ Premium” or similar). This section explains how subscriptions work and what you should know about them:

Subscription Model: Premium features (such as expanded plant databases, advanced AI chat usage, or other enhanced tools) may require an active subscription. The exact features and prices are described within the app. Subscriptions might be offered on a monthly or annual basis (for example, a monthly renewing plan or a yearly plan at a discounted rate).
Payment Processing: All payments for subscriptions are handled through the platform where you downloaded the app (for instance, the Apple App Store or Google Play Store). This means your purchase, payment method, billing, and any cancellation or refund requests are governed by the app store’s own terms and conditions. We do not collect or store your credit card information; the app store manages that securely.
Free Trials: We may occasionally offer a free trial period for new subscribers. If a free trial is available and you sign up, you won’t be charged until the trial period ends. If you do not want to continue with the subscription, you must cancel before the trial ends to avoid being charged. The app store should notify you of the length of any trial and the price of the subscription afterward.
Auto-Renewal: Subscriptions are typically auto-renewing by default. This means that at the end of each subscription period (for example, each month or year), your subscription will automatically renew for the next period and your payment method will be charged through the app store, unless you cancel at least 24 hours before the renewal date. The exact renewal terms follow the app store’s policies.
Managing Subscriptions: You can manage or cancel your SproutIQ subscription at any time through your app store account settings. For instance, on iOS you would go to your device’s Settings -> your Apple ID -> Subscriptions; on Android, you would go to the Google Play Store -> Subscriptions. Canceling a subscription will prevent future charges, but you will retain access to premium features for the remainder of the period you’ve paid for. We do not have the ability to cancel your subscription for you; it must be done through the app store.
Changes to Fees: We reserve the right to change the pricing for subscriptions or introduce new paid features. If we ever change the subscription price for existing subscribers, we will provide you with notice and an opportunity to cancel before any new rate takes effect. Price changes will not retroactively affect your current subscription period – they would only apply upon renewal.
Refunds: As a general rule, subscription fees (and other in-app purchases) are non-refundable once charged. However, since purchases are handled by the app store, any refund requests must be directed to Apple or Google (depending on your platform) and will be subject to their refund policies. We can’t issue refunds directly. That said, if you believe there’s been a mistake (for example, you were charged despite canceling in time), you can reach out to us and we’ll help you contact the app store support or provide any needed information for your claim.

Important: You are not required to purchase a subscription to use SproutIQ Garden Planner for its core functionality. We aim to have the free version of the app be useful on its own. The premium subscription is optional and intended for power users who want additional convenience or capabilities. Whether you subscribe or not, the terms of this EULA apply to your use of the app.

3. USER CONTENT AND DATA

SproutIQ Garden Planner allows you to input and store information – for example, details about your garden, custom plant entries, notes, photos of seed packets, and so on. We’ll refer to all of this as your “User Content.” This section explains how we handle your content and what rights and responsibilities you have regarding it:

Your Ownership: You retain any ownership rights you have in the User Content you create or upload. For example, if you write a note or take a photo and add it to the app, it remains yours. We do not claim ownership over the content, information, or data that you provide.
License to Us: In order for us to operate the Service (to display your content back to you, to back it up, or to process it in the AI for example), you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify (e.g., reformat or analyze), and display your User Content solely for the purpose of providing and improving the Services. We will not use your content outside of that scope – for instance, we won’t take your garden plan and publish it or use it in our marketing without your permission. This license ends when you delete the content from the app or delete your account, except to the extent your content remains in backup copies (in which case we’ll continue to protect it and eventually delete it per our retention policies).
Privacy of Your Content: By default, the data you store in SproutIQ is private to your account. We are not designing the app to be a social network or publicly shared platform (though in the future we might add optional sharing features). This means other users cannot see your garden or notes unless you intentionally share them (for example, if a future update allows you to share a read-only view of your garden via a link). We, as the service provider, can access your data as needed to operate the service (per the license above) and for support (for example, if you contact us with an issue, we might need to look at your data to assist), but we treat your content as confidential in accordance with our Privacy Policy.
Community Content: Currently, SproutIQ does not have public forums or community content sharing. If in the future we introduce features like community forums, shared plant databases, or user-contributed tips, those will have their own guidelines and likely allow you to choose what content to share publicly. For now, assume everything you input is for your eyes only (plus whatever the AI processes, which is discussed separately).
Prohibited Content: You are responsible for what you input into SproutIQ. You agree not to upload or store any content that is illegal, harmful, or infringes on anyone’s rights. This includes, for example:
- Content that is obscene, pornographic, or offensive (SproutIQ is about gardening, so this hopefully won’t come up!).
- Content that promotes violence, discrimination, or any sort of illegal activity.
- Any personal data of others that you don’t have permission to share. (For instance, don’t store someone else’s address or photo without their consent.)
- Copyrighted or proprietary information that you don’t have the right to use. This one is important: if you upload a photo or transcribe a growing guide text, make sure you have the right to do so. If it’s from a seed packet or a public domain source, that’s fine. If it’s from a copyrighted book or website, you should only use small portions for personal reference. By inputting content into the app, you confirm that you have the necessary rights or permissions to use that content and to grant us the license to process it as described. You will not hold us responsible for any content you submit that violates someone else’s rights.
Monitoring and Removal: We do not routinely monitor User Content (and we want to respect your privacy). However, if we become aware of content that violates this EULA or applicable laws (for example, someone reports that content you uploaded is illegal or infringing), we reserve the right to remove or disable access to that content. In serious cases (like unlawful content), we might suspend or terminate your access as well. We will not edit your content; we would only remove it (and typically, we’d notify you if we do so and explain why, unless legal reasons prevent us from notifying).

By using SproutIQ, you agree that we may use and store your User Content as described and that you have all necessary rights to that content. Always keep backup copies of important information outside of the app as well; while we strive to keep your data safe, we can’t guarantee against data loss (see Disclaimers below).

4. ACCEPTABLE USE AND RESTRICTIONS

We want SproutIQ Garden Planner to be a helpful and enjoyable tool for everyone. To protect the integrity of the app and the experience of our users, you agree to use the app only as intended and in accordance with this EULA and all applicable laws. In particular, you agree to the following acceptable use guidelines and restrictions:

Lawful Use: You will not use SproutIQ for any unlawful or harmful purpose. This means you won’t engage in fraud, harassment, impersonation, or any conduct that violates the law or others’ rights using the app. For example, you will not use the app to plan any illegal farming of controlled substances or anything of that sort (we know, it’s a garden app, but we have to say it!).
No Reverse Engineering: You will not reverse engineer, decompile, or disassemble the SproutIQ app, nor attempt to extract the source code or underlying algorithms. The inner workings of the app (including the AI integration) are proprietary. Please respect that we’ve put a lot of work into building it.
No Tampering: You will not modify, translate, adapt, or create derivative works based on the SproutIQ app (except to the extent allowed by law or open-source licenses for any components we might use). You also agree not to bypass or interfere with any security or technological measures in the app that control access to the app or its features.
Personal Use Only: You may not rent, lease, lend, sell, redistribute, or sublicense the app. You also may not use the app for commercial purposes such as providing gardening consulting services to clients where SproutIQ is the primary tool (if you’re a professional and want to use SproutIQ with clients, please contact us for appropriate licensing). The app is meant for individual gardeners, hobbyists, or educators for personal or internal use. If you’re an organization wanting multiple users, reach out to us.
Account Security: You are responsible for maintaining the confidentiality of your login credentials. You must not share your password or API keys (if any) with any other person. If you suspect unauthorized access to your account, you must change your password and notify us immediately.
No Malicious Activity: You agree not to use the app in a way that could harm, overburden, or impair the functionality of our services or networks. This includes not introducing viruses, worms, or any malicious code into the app or servers. Also, you will not attempt to gain unauthorized access to any part of our systems or other users’ accounts. If you discover a security flaw, you agree to inform us rather than exploit it.
No Harvesting or Scraping: You will not scrape, data-mine, or otherwise extract data from the app in an automated way not provided by the app’s normal user interface. For example, you should not run scripts to systematically copy content (like our plant database or AI responses) for external use. If you’re interested in data from the app, talk to us – maybe we can provide an API or permission under separate terms.
AI Usage Limits: The AI chatbot and related features are there to help with gardening advice. You agree to use these features responsibly. You will not attempt to use the AI in ways unrelated to gardening or the app’s purpose, especially to generate disallowed content. For instance, do not try to use the chatbot to generate hateful, sexually explicit, or violent content or to engage in harassment. We have filters in place, but user cooperation is important. Excessive or abusive usage of the AI (like spamming questions rapidly to overwhelm the system) is prohibited. We may impose rate limits or require a subscription for heavy usage to ensure the service remains available for everyone.
Respect Intellectual Property: You will not use SproutIQ to violate intellectual property rights. This includes not sharing any content through SproutIQ that infringes copyrights, trademarks, or patents of others. If you use information from a source (say, you copy a planting guide snippet into your notes), that’s fine for personal use, but don’t then distribute it or claim it as your own. Similarly, the information provided to you via the app (like plant data and AI-generated text) is for your personal use and reference; you should not publish the AI’s responses as your own work without appropriate verification and credit, especially if significant content is reproduced.
No Misuse of Advice: The SproutIQ app (especially through its AI features) provides informational content. You agree not to misrepresent the app’s output as professional or expert advice to others. For example, you shouldn’t take an AI chat response and present it to someone else as if you are a certified agronomist (unless you actually are and you’ve verified the info). This is to protect both you and us, given the AI’s fallibility (more on that in the Disclaimer section).
Single Account: Unless authorized by us, each user should have only one account, and each account should be used by only one person. Don’t create multiple accounts to bypass usage limits or restrictions, and don’t allow multiple individuals to share a single login (except within the intended scope of family sharing as allowed by platform rules).

If you violate any of these rules, we reserve the right to take action, which might include suspending or terminating your access to the app (with or without a refund for any subscription fees, depending on the severity of the violation), and if necessary, reporting you to law enforcement or relevant authorities. We hope never to have to do that – our goal is to ensure SproutIQ remains a positive community of users who love gardening.

5. AI AND GARDENING ADVICE – IMPORTANT DISCLAIMERS

SproutIQ Garden Planner includes features that provide gardening advice and content, some of which are generated by a Large Language Model (AI) via OpenAI’s API. While we strive to make these features helpful and accurate, it’s crucial to understand their limitations. This section provides a clear disclaimer regarding the advice you receive, whether from the AI chatbot or any other part of the app, and sets out the boundaries of our responsibility.

No Professional Advice: The content and suggestions provided in SproutIQ (including planting schedules, crop recommendations, pest remedies, and any other gardening tips) are for informational and educational purposes only. We are not certified horticulturalists, agronomists, or medical professionals. The app’s advice should not be considered professional or expert guidance tailored to your specific situation. Always use your own judgment and consider consulting a local gardening expert or extension service, especially if you are making significant decisions (like investing heavily in a crop or dealing with potentially dangerous plants).

AI-Generated Content: The SproutIQ chatbot uses artificial intelligence to answer your questions and provide recommendations. AI technology is inherently probabilistic and can sometimes produce incorrect, misleading, or nonsensical responses – a phenomenon often called a “hallucination.” Additionally, the AI might not have up-to-date information about very recent developments or extremely localized conditions. We do not guarantee the accuracy, completeness, or usefulness of any response or information you receive from the AI. For example, if you ask the AI, “Is this berry edible?” and describe a plant, the AI might give you an answer – but you should not eat anything based solely on that answer without double-checking with a trusted human source. Always cross-verify critical information (like whether a plant is poisonous, or the exact dosing of a homemade fertilizer, etc.) with authoritative resources.

Use at Your Own Risk: Gardening involves variables that an app or AI cannot fully account for – including weather fluctuations, soil conditions, plant diseases, personal allergies, and more. Any actions you take based on information from SproutIQ are at your own risk. For instance:

If the app suggests a planting date and an unexpected frost comes early, your plants could be damaged.
If the AI misidentifies a plant and tells you it’s safe to eat when it’s not, consuming it could be harmful.
If you follow a pest control tip and it doesn’t work or has side effects (e.g., using a certain homemade spray that ends up burning your plant), you accept that risk.

We strongly advise performing a “sanity check” on all critical or safety-related advice from the app. When in doubt, do more research or ask a human expert.

No Warranty on Outcomes: We make no warranty that following the advice given by the app or AI will yield successful or safe results. We can’t promise your garden will thrive, that every tip will be effective, or that every plant identified is correct. There are too many variables to promise outcomes, and thus we make no such promises.

Health and Safety: Some gardening advice can have health or safety implications (e.g., advice on foraging wild plants, using pesticides, or treating plant-related allergies). SproutIQ is not a medical or emergency service. If you have a health question (like a rash from a plant or whether something is poisonous), please consult a doctor or poison control center. If the AI or any content in the app ever provides health-related information, treat it as general background knowledge and not specific medical advice for you.

Allergens and Sensitivities: We cannot anticipate individual allergies or sensitivities. If the app suggests using a certain natural remedy (say, neem oil or a certain plant), be aware of your own allergies. Test new things carefully. We’re not liable if you have an allergic reaction or sensitivity to something recommended.

Local Variations: Gardening best practices can be very local. SproutIQ provides generalized advice and region-based suggestions when possible (especially if you provide your area code/zip). However, microclimates and local regulations matter. For example, a fertilizer or pesticide might be legal in one jurisdiction and banned in another, or an invasive plant in one state might be benign in another. The app might not catch all such differences. You are responsible for complying with local laws and guidelines (like watering restrictions, invasive species regulations, etc.) and for interpreting advice in the context of your specific environment.

No Guarantee of Problem Resolution: If you use SproutIQ to troubleshoot a problem (like “Why are my tomato leaves turning yellow?”), we’ll try to help narrow down possibilities, but we can’t diagnose with certainty. There might be multiple causes, and the AI’s suggestion could be one of many. You may need to experiment or seek local expertise to fully resolve issues.

Experimental Nature of AI: Using the AI feature is a bit like chatting with a knowledgeable friend who, while usually right, sometimes confidently asserts something wrong. Please keep this in mind. We will continuously improve the AI’s performance by updating its models or providing it with better data, but it will never be infallible. Treat its answers as informative hints or starting points rather than absolute truth.

Limitation of Liability for Content: This will be reiterated later, but to be clear: We (the Company) will not be liable for any losses or damages that result from your reliance on information or content obtained through the app, especially AI-generated content. This includes any harm to your garden, your property, your health, or any other consequence. By using the app, you acknowledge these risks and agree that you will not hold us responsible for outcomes.

In short: We’re doing our best to provide you with a great gardening companion, but nature can be unpredictable and the AI can make mistakes. Always use common sense and caution. When it comes to what you plant, eat, or do in your garden, you are the final decision maker.

6. DISCLAIMER OF WARRANTIES

SproutIQ Garden Planner is provided “as is” and “as available.” We want you to enjoy using the app, but there are some things we need to disclaim to protect ourselves legally:

No Express or Implied Warranties: To the fullest extent permitted by law, we disclaim all warranties and representations, express or implied, regarding the app. This includes, but is not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not guarantee that the app will meet your expectations or requirements, that it will be error-free or uninterrupted, or that any defects will be corrected in a timely manner.
Availability and Reliability: We do not warrant that SproutIQ or any content within it will always be available, secure, or free of viruses or other harmful components. While we strive for high uptime, there may be periods when the app (or certain features like the AI service) is unavailable due to maintenance, upgrades, network issues, or factors outside our control.
Accuracy of Information: We make no warranty as to the accuracy or reliability of any information obtained through the app. This includes data like climate information, plant details, or AI responses. As explained above, all such information is provided without any guarantee.
Third-Party Services: The app integrates with or relies on certain third-party services (for example, OpenAI for AI responses, Apple/Google for payments, possibly cloud services for data storage, etc.). We don’t have full control over these services, so we cannot guarantee their performance. Any issues stemming from third-party services are not warranted by us. For example, if the app store has an outage that prevents subscription verification, or if OpenAI’s service goes down and the chatbot stops working, those are outside our warranty.
Device Compatibility: We do not guarantee that SproutIQ will function on all devices or with all operating system versions. We provide the minimum requirements on the app store listings, but even if your device meets those, rare conflicts or bugs might prevent proper operation. We also can’t guarantee the app will continue to work on future OS updates (though we will do our best to update it accordingly).
Data Integrity: While we have measures to protect and backup your data, we make no guarantees that your data will never be lost. Using any software carries a risk of data loss. You agree that you will not rely solely on SproutIQ as the storage for any irreplaceable information. (In other words, keep separate notes if something is mission-critical.) We do not warrant that data backups will always successfully restore or that we can recover data you accidentally delete.
No Warranty on Results: We do not warrant any specific results from using the app. You might have a bumper crop thanks to SproutIQ’s tips – or your garden might still underperform. There are too many variables to promise outcomes, and thus we make no such promises.

Some jurisdictions do not allow the exclusion of certain warranties. If any law applies to you that prohibits these exclusions, then to the extent necessary, the applicable warranty exclusions may not apply to you. In such case, we limit warranties to the maximum extent permitted by law.

In plain language: We’re offering SproutIQ in good faith, but we’re not making a legally binding promise that it will always work perfectly or that all info is 100% correct. Use it as a helpful tool, not an infallible authority.

7. LIMITATION OF LIABILITY

Limitation of Liability: To the maximum extent permitted by law, in no event shall Neural Appworks, LLC (or its officers, directors, employees, agents, partners, or affiliates) be liable to you for any indirect, incidental, special, consequential, exemplary, or punitive damages whatsoever, including but not limited to damages for personal injury, property damage, lost profits, lost data, loss of goodwill, service interruption, computer or device damage, cost of substitute services, or any other intangible losses arising out of or related to your use of (or inability to use) SproutIQ Garden Planner. This limitation applies regardless of whether such damages are claimed under contract, tort (including negligence), strict liability, or any other legal theory, and whether or not we have been advised of the possibility of such damages.

Cap on Liability: To the extent any liability is not legally excludable under applicable law (for example, certain consumer protection laws might not allow full exclusion), our total cumulative liability to you for any claims arising from or related to this EULA or your use of the app shall not exceed the amount you paid to us for the SproutIQ service within the 12 months immediately preceding the event giving rise to the liability, or $50 USD, whichever is greater. If you have not paid anything (e.g., using the free version only), then our total liability to you shall not exceed $50 USD.

Application of Limitations: The above limitations and exclusions apply to all claims or causes of action, whether for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, tort, or any other legal claim. They also apply even if any remedy fails of its essential purpose.

Exceptions: Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you fully. Also, nothing in this EULA is intended to exclude or limit our liability where it would be illegal to do so – for example, any liability for death or personal injury caused by our gross negligence or willful misconduct, or for fraud or fraudulent misrepresentation.

Your Responsibility: You use the app at your own discretion and risk. You agree that if you are dissatisfied with the app or any content therein, or have any dispute with us, your sole remedy is to stop using the app and (if applicable) cancel any subscriptions.

Indemnification: To further protect us from potential issues, you agree to indemnify and hold harmless Neural Appworks, LLC and its affiliates, officers, agents, and employees from and against any claim, suit, demand, losses, liabilities, damages, or expenses (including reasonable attorneys’ fees) arising out of or in connection with your violation of this EULA, your misuse of the app, or your violation of any law or third-party rights. For example, if you upload content you weren’t allowed to and it causes a legal dispute, or if you use the app in a way that harms someone and they sue us, you agree to cover our costs and damages for that.

We hope none of these legal issues ever occur, but we need to outline them clearly. In summary, our goal is to provide a great app, but we cannot accept liability for things beyond our control or for all the myriad outcomes that might result from using SproutIQ.

8. TERMINATION

Term: This EULA is effective from the moment you install or use the app and will continue until terminated by either you or us.

Your Right to Terminate: You may terminate this agreement at any time by simply uninstalling the app and, if you have an account, requesting deletion of your account (and/or deleting your data as described in the Privacy Policy). If you have a subscription, you should also cancel it to prevent further charges. Uninstalling the app or deleting your account will not automatically cancel a subscription that was set up through the app store – you must do that through the store.

Our Right to Terminate or Suspend: We reserve the right to suspend or terminate your access to SproutIQ (or certain features within it) at any time, with or without notice, if we reasonably believe: (a) you have violated any provision of this EULA or any applicable law; (b) you are using the app in a way that could cause us legal liability or disrupt others’ use of the app; (c) we are required to do so by law enforcement or other government agencies; or (d) we decide to discontinue the app or any part of it. We will act in good faith and try to provide notice or warnings where feasible, but we’re not obligated to do so in urgent or severe cases (for example, if we discover you’re hacking our service).

Effect of Termination: Upon termination of this EULA for any reason, the license granted to you in Section 1 will immediately end, and you must stop using the app and delete all copies of it from your devices. Your User Content stored in the app will be handled as per our Privacy Policy (generally, if your account is terminated or deleted, your data is deleted from our live servers). Termination will not relieve you of any obligations arising or accruing prior to the termination (for example, if you owed us money or violated the EULA, you might still be responsible after termination).

Sections of this EULA that by their nature should survive termination (such as Disclaimers, Limitation of Liability, Indemnification, and Governing Law) will survive.

No Refund on Termination: If your account or this EULA is terminated due to your breach of the terms, you will not be entitled to any refund of fees you’ve paid. If we terminate the service entirely (discontinuing SproutIQ for all users), and you have a prepaid subscription that still had time left, we may issue prorated refunds at our discretion, or handle it through the app stores.

Export of Data: Before terminating, you may want to export any data you’ve put into the app that you wish to keep (like an export of your garden plan). After termination, we may delete your data and it might not be recoverable.

We hope to never lose you as a user, but you are free to leave at any time. Likewise, we hope to always keep SproutIQ running, but if circumstances change, we want you to be aware of how we can end this agreement.

9. UPDATES AND CHANGES TO THE APP

SproutIQ Garden Planner will evolve over time. We may release app updates (such as bug fixes, new features, or changes to functionality) through the app stores. This section outlines how updates are handled:

Automatic Updates: Depending on your device settings, the app may automatically download and install updates, or you may have to manually initiate updates. You agree that we may update the app remotely on your device without further notice to you (these updates are meant to improve your experience or address security issues, so it’s important you allow them).
Changes to Features: We reserve the right to change or remove features of the app. For example, we might add new tools or retire older ones. We might change how the AI feature works or which third-party service powers it. We might impose limits on certain features (for instance, number of garden projects saved in free version) to ensure optimal service or encourage fair use. We’ll try to communicate significant changes, especially if they affect how you use the app, but some minor adjustments might happen through updates without special notice.
Discontinuation: In the unlikely event that we decide to discontinue the app or a key feature entirely, we will make efforts to notify you in advance (via in-app notice or email if we have your contact). If the whole app is being discontinued, this EULA will terminate as described in the Termination section, and we may provide ways for you to export your data before shutdown.
EULA and Policy Updates: Along with app updates, we may need to update this EULA or other policies (like the Privacy Policy). We will inform you when we do so, typically by updating the “last updated” date and providing notice in-app or via email. Continued use of the app after an updated EULA goes into effect constitutes your acceptance of the new terms. If you do not agree to changes, you must stop using the app.

Remember that technology moves fast – to keep SproutIQ useful and relevant, updates are a normal part of the process. We appreciate you keeping your app updated to the latest version, as older versions may not be supported indefinitely.

10. GOVERNING LAW AND DISPUTE RESOLUTION

Governing Law: This EULA and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with the laws of the State of Utah, USA, excluding its conflicts of law principles. If you reside outside of the United States, you understand and agree that U.S. laws will apply to your use of the app (to the extent they do not override any consumer protections in your home country’s law that cannot be waived).

We choose Utah law because our company’s operations have ties to Utah, and we aim for consistency. We explicitly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods (which does not apply to this EULA).

Jurisdiction: Subject to any arbitration provision below (if we decide to include one), you and we agree that any judicial proceedings (if any) will be brought in and you hereby consent to the exclusive jurisdiction of the state and federal courts located in Salt Lake County, Utah for the resolution of any disputes. You waive any objections to venue or inconvenient forum in those courts, to the extent permitted by law.

Dispute Resolution; Informal Resolution: Before filing a formal lawsuit, we’d like the opportunity to address your concerns. You agree that in the event of any dispute or claim, you will first contact us at contact@neuralappworks.com and attempt to resolve the issue informally. We’ll do the same if we have an issue with you. Both of us will make good faith efforts to negotiate and resolve any dispute for at least 30 days before resorting to legal action.

Arbitration (If Applicable): At present, we have not included a mandatory arbitration clause. However, we reserve the right to update this EULA to include one in the future. If we do add an arbitration agreement, it will typically mean that any disputes would be resolved by binding arbitration rather than in court, with some exceptions like small claims and injunctive relief. We will provide clear notice if we implement such a change, and you will have the opportunity to opt out if required by law.

Injunctive Relief: Notwithstanding the foregoing, both parties agree that either party may seek injunctive or equitable relief in a court of proper jurisdiction if necessary to protect their rights or prevent immediate harm (for example, our right to protect our intellectual property or confidential information, or your right to protect your personal data).

Time Limit: To the extent permitted by law, any claim or cause of action arising out of or related to use of the app or this EULA must be filed within one (1) year after such claim or cause of action arose, or be forever barred. (This doesn’t apply to statutory rights that cannot be shortened by agreement.)

By using SproutIQ, you agree that any disputes will be handled in accordance with the above. We hope never to have disputes, but if we do, this section guides how we approach them.

11. MISCELLANEOUS

Entire Agreement: This EULA, along with our Privacy Policy and any additional terms you agree to within the app (for example, specific promotional terms), constitutes the entire agreement between you and us regarding the app. It supersedes any prior agreements or understandings (whether oral or written) relating to the app. In legal terms, you’re not relying on any statements outside this agreement and the referenced policies in deciding to use the app.

Severability: If any provision of this EULA is found to be unlawful, void, or unenforceable, that provision will be deemed severable from this EULA and will not affect the validity and enforceability of any remaining provisions. The invalid provision shall be interpreted, replaced, or reformed to the minimum extent necessary to make it valid, legal, and enforceable, reflecting the original intent as closely as possible.

No Waiver: Our failure to enforce any right or provision of this EULA will not operate as a waiver of that right or provision. Similarly, any waiver of any provision by us on one occasion does not imply a waiver on any future occasion. We remain entitled to enforce all terms at any time.

Assignment: You may not assign or transfer this EULA (or any of your rights or obligations hereunder) to anyone else without our prior written consent. We may assign or transfer this EULA (including our rights and obligations) to an affiliate or in connection with a merger, acquisition, reorganization, or sale of assets, or by operation of law or otherwise, and will notify you if that happens.

Third-Party Beneficiaries: This EULA is between you and us. No other person has any rights to enforce its terms as a third-party beneficiary, except as explicitly stated (for example, if the app store’s terms require us to acknowledge them as a third-party beneficiary for certain sections, those terms would apply).

App Store Terms: You acknowledge that the availability of the app and the ability to make in-app purchases is dependent on the third-party platform (Apple or Google). Each platform might have its own set of terms and conditions with respect to your use of the app (like Apple’s App Store Terms of Service or Google Play’s terms). You agree to comply with such terms as well. For instance, both Apple and Google require app developers to include that they are not responsible for maintenance or support of the app and that, in case of any failure of the app to conform to any applicable warranty, you may notify Apple or Google for a refund of the purchase price (if applicable), and that Apple or Google have no further warranty obligation. By agreeing to this EULA, you are also acknowledging those platform terms.

Contact Information: If you have any questions, complaints, or claims regarding SproutIQ Garden Planner or this EULA, you may contact us at contact@neuralappworks.com. We value our users and will do our best to address your concerns.

Thank you for reading our End User License Agreement. We know it’s long, but we want to be transparent and make sure we’re on the same page with our users. By using SproutIQ Garden Planner, you’re agreeing to these terms, and we truly appreciate the trust you’re placing in our app. We hope SproutIQ helps your garden flourish, and we’re here to support you on that journey (within the bounds of this friendly legal framework, of course!).

Happy gardening, and thanks for using SproutIQ Garden Planner!