Terms of Service

These Terms of Service ("Terms") govern your use of the My Veggie Patch application and related services ("Platform") provided by Grow Ventures Pty Ltd (ABN 41 697 105 801) trading as My Veggie Patch ("we", "us", "our").

By creating an account or using the Platform, you agree to be bound by these Terms and our Privacy Policy. If you are accepting these Terms on behalf of a school or organisation, you represent that you have authority to bind that entity.

These Terms are governed by the laws of Victoria, Australia.

2.1 Individual accounts

To create an individual account, you must be at least 18 years old, or have the consent of a parent or guardian. You are responsible for maintaining the security of your account credentials.

2.2 Student accounts

Students may access the Platform using a class access code provided by their teacher, without creating an account with personal credentials. Student access is subject to the school's subscription agreement and the supervision of a teacher or school administrator.

2.3 Account responsibilities

You agree to:

• Provide accurate information when creating your account
• Keep your login credentials confidential
• Notify us promptly at privacy@myveggiepatch.com.au if you become aware of any unauthorised use of your account
• Not share your account with others or create accounts on behalf of others without authorisation

3.1 What we provide

The Platform is a kitchen garden planning and community tool. It provides:

• Garden planning tools including bed layout, plant zone placement, and planting calendars
• AI-assisted planting guidance, pest identification, and weather-based watering recommendations
• A journal and photo log for recording garden observations
• Community features including tips exchange and seed sharing (where enabled)
• School garden management tools for teachers and students (school subscriptions)

3.2 AI-generated content

Some features of the Platform use artificial intelligence to generate planting advice, pest diagnoses, and other guidance. This content is:

• Labelled clearly as AI-generated within the Platform
• Provided as a general guide only – not a substitute for advice from a qualified horticulturalist, agronomist, or local nursery
• Based on general horticultural knowledge and your stated location – it may not account for your specific soil, microclimate, or local conditions

We do not warrant the accuracy of AI-generated content and accept no liability for outcomes arising from reliance on it.

4.1 Free tier

A free tier is available with access to core garden planning features. Free tier users may access the Platform without payment for as long as the free tier is offered.

4.2 Paid subscriptions

Additional features are available under paid subscription plans. Subscription pricing, billing frequency, and included features are as displayed on our pricing page at the time of purchase.

4.3 School subscriptions

School subscriptions are available for educational institutions. Pricing is as agreed in the school's subscription agreement. School subscriptions include access for one or more teachers and an unlimited number of student accounts within the school.

4.4 Billing

Subscriptions are billed in advance for the period selected (monthly or annual). Payment is processed by Stripe. By providing payment details, you authorise us to charge the applicable subscription fee.

4.5 Cancellation and refunds

• You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period.
• We do not provide partial refunds for unused subscription periods, except where required by the Australian Consumer Law.
• If a technical fault on our part causes a material failure of a paid feature, we will offer a prorated credit or refund at our discretion.

You agree not to use the Platform to:

• Post content that is defamatory, harassing, threatening, or abusive
• Share content that infringes the intellectual property rights of any third party
• Upload malicious code, viruses, or any software intended to interfere with the Platform
• Scrape, harvest, or extract data from the Platform by automated means without written consent
• Impersonate another person or entity
• Circumvent any security or access control feature of the Platform
• Use the Platform for any unlawful purpose

We reserve the right to remove content that breaches these rules and to suspend or terminate accounts of users who repeatedly or seriously breach them.

6.1 Ownership

You retain ownership of content you create and upload to the Platform, including journal entries, photos, and garden data.

6.2 Licence to us

By submitting content to the Platform, you grant us a non-exclusive, royalty-free, worldwide licence to store, display, and process that content for the purpose of providing the Platform to you.

Where you have separately provided your prior express consent, we may also use photos and commentary you have uploaded to the Platform in our marketing and promotional materials, including on our website, social media channels, and paid advertising. You may withdraw this consent at any time by contacting us at privacy@myveggiepatch.com.au. Withdrawal of consent applies prospectively and does not affect any use made before we receive your withdrawal request.

This clause does not apply to content associated with student or school accounts. Content generated by students or uploaded in a school context will never be used in marketing or promotional materials.

6.3 Community content

Content you post in community areas of the Platform (tips, seed listings, forum posts) is visible to other Platform users. You are responsible for ensuring this content does not breach these Terms or any applicable law.

The Platform, including its design, code, plant database, AI prompts, and original content, is owned by or licensed to Grow Ventures Pty Ltd. Nothing in these Terms grants you any rights in the Platform's intellectual property other than the right to use the Platform as permitted by these Terms.

We aim to maintain high availability of the Platform but do not guarantee uninterrupted access. We may:

• Perform scheduled maintenance that temporarily affects availability
• Modify, add, or remove features at any time
• Suspend the Platform in response to security incidents

Where we make material changes to paid features, we will provide reasonable notice.

To the extent permitted by law, our total liability to you in connection with the Platform, whether in contract, tort (including negligence), or otherwise, is limited to the greater of:

• The total subscription fees paid by you in the 12 months preceding the event giving rise to the claim; or
• AUD $100

We exclude all liability for indirect, consequential, or special loss, including loss of data, loss of crops or harvest, or loss of profits.

Nothing in these Terms limits our liability for death or personal injury caused by our negligence, fraud, or any liability that cannot be excluded by law including under the Australian Consumer Law.

Our Platform comes with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your subscription and receive a refund for the unused portion. For minor failures, we are entitled to choose between providing a remedy and a replacement.

We may suspend or terminate your access to the Platform:

• If you breach these Terms
• If required to do so by law
• On 30 days' notice, for any reason

On termination, you may request an export of your personal garden data within 30 days.

The following additional terms apply to school subscriptions:

• The school is responsible for ensuring that use of the Platform complies with the school's ICT acceptable use policies
• The school administrator is responsible for provisioning and managing teacher and student access
• The school agrees not to share student data entered into the Platform with third parties outside the school without parental consent
• We will cooperate with reasonable requests from the school to provide data exports, correct records, or delete accounts
• Student accounts and data associated with a school subscription will be deleted within 90 days of subscription termination, unless the school requests earlier deletion

These Terms are governed by the laws of Victoria, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of Victoria for any dispute arising in connection with these Terms.

Before initiating legal proceedings, you agree to notify us in writing at privacy@myveggiepatch.com.au and allow 30 days for us to attempt to resolve the dispute.

We may update these Terms from time to time. For material changes, we will provide at least 14 days' notice by email or in-app notification before the new terms take effect. Your continued use of the Platform after that date constitutes acceptance of the updated Terms.

Questions about these Terms: privacy@myveggiepatch.com.au