Terms of Service

These Terms of Service ("Terms") govern your access to and use of Cut Flower Planner Pro, including our website, waitlist, software, training, courses, strategy support and related services (together, the "Service"). The Service is operated by Cut Flower Planner ("we", "us", "our"), the trading name of the business operated by Natalie Wilson from Tannorwood Flower Farm, Dooralong, New South Wales, Australia.

By joining the priority waitlist, creating an account, or using the Service in any way, you agree to these Terms. If you do not agree, you must not use the Service. If you are accepting these Terms on behalf of a business, you confirm you are authorised to do so and that the business will be bound by them.

1. Eligibility

You must be at least 18 years old and able to enter into a binding contract to use the Service. By using the Service you represent that you meet these requirements.

2. Your account

To use the app you may need to create an account. You agree to provide accurate, current information, to keep your account details and password secure, and to promptly update your information if it changes. You are responsible for all activity that occurs under your account and for keeping your login credentials confidential. We may suspend or close an account if we reasonably believe it has been used in breach of these Terms.

3. The waitlist and enrolments

Joining the priority waitlist is free and creates no obligation on either party to purchase or provide any paid service. Enrolment opportunities and plan details are offered at our discretion and may change before enrolments open. Any offer is made only when we confirm it in writing.

4. Licence to use the software

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable licence to access and use the Service for your own commercial flower-growing and business-planning purposes. We may change, suspend or discontinue any feature of the Service at any time.

5. Acceptable use and restrictions

You agree not to misuse the Service. Without limiting the foregoing, you must not, and must not allow anyone else to:

• use the Service for any unlawful purpose, or in a way that infringes the rights of any person;
• access or attempt to access the Service in ways we do not authorise, including by circumventing any rate limits, security or authentication measures;
• reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, underlying ideas, algorithms or structure of the software, or sign up for an account for the purpose of doing so;
• copy, modify, adapt, distribute, sell, resell or create derivative works based on the Service, or use the Service to develop a competing product or service;
• scrape, crawl, harvest or extract data from the Service by automated means, or use bots, scripts or similar tools to interact with it;
• interfere with or disrupt the Service, its servers or networks, or overload or attack it;
• introduce viruses, malware or other harmful code, or transmit material that is unlawful, harmful, defamatory or otherwise objectionable; or
• use another person's information or account, or share your account credentials beyond the number of users your plan allows.

6. Your content and data

You retain ownership of the crop, planning, financial and other information you enter into the Service ("Your Content"). You grant us a limited licence to use Your Content only as needed to operate, provide, secure and improve the Service for you, and to generate the planning and financial outputs the Service produces for you.

You are responsible for Your Content and for ensuring you have the right to enter it. We are not liable for any loss of, or issue arising from, Your Content, and we encourage you to keep your own backups and to export your data where the Service allows.

7. Planning and financial outputs

Planning and financial outputs in Cut Flower Planner Pro — including bloom forecasts, sowing dates, successions, yield estimates, costs and profit projections — are estimates based on growing assumptions and the information you enter. They are guides to help you make decisions, not guarantees of results. Growing conditions, markets and many other factors are outside our control. You remain responsible for your own farming and business decisions, and you should use your own judgement and seek professional advice where appropriate.

8. Intellectual property

The Service, including its software, design, text, the flower library, training materials, course content and all related intellectual property, is owned by us or our licensors and is protected by law. These Terms do not give you any right, title or interest in the Service except the limited licence set out above. "Cut Flower Planner", "Cut Flower Planner Pro" and related names are our trade marks and may not be used without our written permission.

9. Third-party services

The Service may integrate with or connect to third-party tools and services. We are not responsible for those third parties, and your use of them is subject to their own terms and policies. We may change or remove an integration at any time.

10. Privacy

Our handling of personal information is set out in our Privacy Policy, which is part of these Terms by reference. By using the Service you consent to the practices described there.

11. Disclaimers

The Service is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, we exclude all warranties, conditions and representations in relation to the Service. We do not warrant that the Service will be uninterrupted, error-free, secure or that any outputs will be accurate or suitable for your circumstances.

12. Limitation of liability

To the maximum extent permitted by law, our total liability for any claim arising out of or in connection with the Service is limited to the amount you have paid us in the 12 months before the claim, or AUD 100, whichever is greater. In no event are we liable for indirect, incidental, special, consequential or punitive damages, or for loss of profits, revenue, data, crops or business opportunity.

Nothing in these Terms excludes, restricts or modifies any non-excludable right you have under the Australian Consumer Law or other applicable law.

13. Indemnity

You agree to indemnify and hold us harmless from any claims, losses, damages and expenses (including reasonable legal costs) arising from your breach of these Terms, your misuse of the Service, or Your Content.

14. Suspension and termination

We may suspend or terminate your access if you breach these Terms, if we reasonably believe you have misused the Service, or as needed to protect the Service or our users. You may stop using the Service at any time. On termination, your licence ends and we may delete Your Content after any period required to allow you to export it. Provisions that by their nature should survive termination (including those on intellectual property, liability and indemnity) remain in effect.

15. Changes to the Service and these Terms

We may update or change the Service, and these Terms, from time to time. We will try to give you reasonable notice of material changes to these Terms where practical. Continued use of the Service after changes take effect means you accept the updated Terms.

16. Governing law

These Terms are governed by the laws of New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts of New South Wales.

17. Contact

If you have any questions about these Terms, you can contact us through the details on our website at https://cutflowerplanner.com.