Terms of Service

# Terms of Service **Harvested** **Last updated:** 15-03-2026 These Terms of Service ("Terms") govern access to and use of the Harvested application and related services ("App"), operated by Harvested, a sole proprietorship (ZZP) registered in the Netherlands ("Harvested", "we", "us", "our"). ## 1. Company Information 1.1 **Legal name:** Harvested 1.2 **Legal form:** Sole proprietorship (ZZP) 1.3 **Registered address:** Graaf Aelbrechtlaan 171, 1181 SV Amstelveen, Netherlands 1.4 **Chamber of Commerce number:** 95741186 1.5 **VAT number:** NL005172182B56 1.6 **Contact email:** marco.broccoli@gmail.com ## 2. Scope and Acceptance 2.1 These Terms apply to all users of the App, including private individuals and professional users. 2.2 By creating an account, accessing, or using the App, you confirm that you have read, understood, and agree to be bound by these Terms. 2.3 If you do not agree to these Terms, you must not access or use the App. ## 3. Territorial Scope and Applicable Law 3.1 The App is intended for users located in the European Union and the United Kingdom. 3.2 These Terms are governed by and construed in accordance with the laws of the Netherlands. 3.3 Any disputes arising out of or in connection with these Terms shall be submitted to the competent courts of the Netherlands, unless mandatory consumer law provides otherwise. ## 4. Nature of the Service 4.1 The App provides digital tools related to gardening and plant management, including crop or plant management, planning and scheduling, diagnostic functionality, and record keeping. 4.2 The App provides informational content and decision-support tools only. 4.3 The App does not provide professional, agricultural, horticultural, environmental, legal, or commercial advice. 4.4 Use of the App is at your own risk. ## 5. Automated and AI-Generated Outputs 5.1 Certain features of the App provide automated or AI-generated outputs, including diagnostics and insights. 5.2 Such outputs are based on limited data, assumptions, and probabilistic models and may be inaccurate, incomplete, or unsuitable for specific circumstances. 5.3 Automated outputs do not replace independent assessment, verification, or professional judgment. ## 6. Verification Obligation and Disclaimer of Professional Liability 6.1 You are solely responsible for verifying any information, output, or insight generated by the App before relying on it. 6.2 Harvested expressly disclaims any professional duty of care. 6.3 Harvested shall not be liable for decisions, actions, or omissions based on the App's content or outputs. ## 7. User Accounts 7.1 Use of the App requires registration of a personal user account. 7.2 Authentication may occur via email and password, Apple Sign-In, or Google single sign-on. 7.3 You must provide accurate and complete information and keep your account credentials confidential. 7.4 **Account sharing is strictly prohibited.** 7.5 You are responsible for all activity conducted through your account. ## 8. Suspension and Termination 8.1 Harvested may suspend or terminate your account immediately if you breach these Terms or misuse the App. 8.2 Harvested may terminate access to the App at any time. 8.3 Upon termination, access to the App will cease immediately. 8.4 User data will be deleted after a reasonable retention period, unless retention is required by law. ## 9. User Content and Data Processing 9.1 Users may upload content including photos, notes, and measurements. 9.2 Users retain all rights in their personal data. Harvested does not claim ownership of personal data. 9.3 By using the App, you grant Harvested a limited, non-exclusive right to process user-submitted data solely for the purpose of operating, maintaining, improving, and securing the App. 9.4 Harvested may use anonymised and aggregated data for analytics, product improvement, and research. 9.5 Personal data is processed in accordance with the Privacy Policy and applicable data protection law, including the GDPR. ## 10. Community Standards and User-Generated Content 10.1 The App includes community features that allow users to post and share content with other users. By posting content, you agree to comply with these Community Standards. 10.2 **Zero Tolerance Policy.** Harvested has a strict zero-tolerance policy for objectionable or abusive content or behaviour. Users must not post or share: - Content that is offensive, abusive, hateful, threatening, defamatory, or discriminatory - Sexually explicit or violent material - Spam, misleading content, or unsolicited commercial messages - Content that violates the privacy or intellectual property rights of others - Content that facilitates or encourages illegal activity 10.3 **Reporting.** Users may report objectionable content or abusive behaviour using the in-app report function available on all community content. Reports are reviewed by Harvested within 24 hours. 10.4 **Blocking.** Users may block other users using the in-app block function. Blocked users will no longer be able to interact with you, and their content will be removed from your feed immediately upon blocking. 10.5 **Moderation.** Harvested reserves the right to remove any content that violates these Community Standards without prior notice, and to suspend or permanently terminate the accounts of users who violate these standards. 10.6 **Developer Notification.** All content reports submitted through the App notify Harvested directly. Harvested will review reported content and take appropriate action, including removal of content and account termination, within 24 hours of a valid report. ## 11. Intellectual Property 11.1 All intellectual property rights in the App, including software, algorithms, models, databases, and generated reports, are owned exclusively by Harvested. 11.2 You may not copy, modify, distribute, reverse engineer, decompile, or otherwise exploit the App or its components. 11.3 Exporting data from the App is not permitted unless expressly authorised in writing. ## 12. Payments and Subscriptions 12.1 The App is free for end users. 12.2 Access to the App may be provided through business customers under separate commercial agreements. 12.3 Billing is handled through external invoicing and not via the Apple App Store. 12.4 No refunds are provided beyond mandatory legal requirements. ## 13. Availability and Changes 13.1 Harvested does not guarantee uninterrupted or error-free availability of the App. 13.2 Harvested is not liable for downtime, data loss, or service interruptions. 13.3 Harvested may modify, suspend, or discontinue features or the App at any time. ## 14. Liability 14.1 To the maximum extent permitted by law, Harvested excludes all liability for indirect or consequential loss, including loss of profit, data, crops, or business interruption. 14.2 Harvested shall not be liable for crop loss resulting from use of the App. 14.3 Harvested's total liability shall be limited to the fees paid by the relevant contracting business customer in the twelve months preceding the claim, or zero where no fees were paid. 14.4 Nothing in these Terms limits liability for intent, gross negligence, or any liability that cannot be excluded under mandatory law. 14.5 **For consumers, statutory rights under applicable consumer protection law remain unaffected.** ## 15. Consumer Rights (EU) 15.1 If you are a consumer, you are entitled to mandatory rights under EU and national consumer protection law. 15.2 Nothing in these Terms limits or excludes such mandatory consumer rights. ## 16. Compliance Responsibility 16.1 Users are solely responsible for compliance with any laws, regulations, or standards applicable to their use of the App. 16.2 Harvested assumes no responsibility for regulatory compliance arising from use of the App. ## 17. Third-Party Platforms and End User License Agreement 17.1 Apple is not a party to these Terms and bears no responsibility for the App. 17.2 Any claims relating to the App must be directed to Harvested, not Apple. 17.3 This application is licensed to you under Apple's Standard End User License Agreement (EULA). You can review the EULA terms at: https://www.apple.com/legal/internet-services/itunes/dev/stdeula/ ## 18. Survival 18.1 Clauses relating to intellectual property, liability, disclaimers, governing law, and dispute resolution shall survive termination. ## 19. Amendments 19.1 Harvested may amend these Terms at any time. 19.2 Continued use of the App after amendments constitutes acceptance of the revised Terms. ## 20. Contact Questions regarding these Terms may be directed to marco.broccoli@gmail.com.