Terms of Use

MUDDY BOOTS PLANT TAGS TERMS OF USE

These terms of use exist along with our Privacy Policy.

THE PRODUCT

Muddy Boots Plant Tags (“THE PRODUCT”) is a software as a service product owned and operated by Muddy Boots Inc (“MUDDY BOOTS”). Customers may subscribe to use THE PRODUCT at the current pricing. THE PRODUCT allows customers to input text information about their garden, their plants and their projects. THE PRODUCT also allows customer to upload photographs of their garden, their plants and their projects.

WARRANTIES

MUDDY BOOTS makes all reasonable efforts to ensure that THE PRODUCT works properly and that THE PRODUCT website is always available. While MUDDY BOOTS makes reasonable efforts to these ends, THE PRODUCT is offered “as is” with no explicit or implicit warranties or guarantees.

OWNERSHIP OF DATA AND UPLOADED CONTENT

The information input and uploaded by the customer is the property of the customer. MUDDY BOOTS allows customers to export the information input and uploaded at any time. The information input is exported as a CSV file. Photos that have been uploaded are exported as image files, the type of which is based on the type of file was uploaded (for instance, JPG, PNG or GIF). When a customer uploads photos into THE PRODUCT, THE PRODUCT resizes the photo to make it smaller. This is done to improve the performance speed of THE PRODUCT when it loads and displays the photos. In most cases, the photo that is exported from THE PRODUCT will be a smaller photo than the original photo the customer uploaded. MUDDY BOOTS does not change the size of the photo on the customer’s computer. MUDDY BOOTS makes a copy of the photo when it is uploaded and resizes that. The customer’s photo on the customer’s computer is not changed.

PAYMENT TERMS

Customers subscribe to use THE PRODUCT and the subscription continues unless and until the customer terminates the subscription [see “Terminating a Customer Relationship” below]. Subscriptions will be automatically renewed at the end of the current term, using the credit card on file with our processor, Stripe. In the event the credit card has expired or was declined, two things will occur: 1) MUDDY BOOTS will make all reasonable efforts to contact the customer to resolve the issue; and 2) the customer’s account will be suspended until the issue is resolved. THE CUSTOMER’S DATA WILL NOT BY AFFECTED.

VIOLATIONS OF TERMS OF USE

If MUDDY BOOTS in its sole discretion deems that a customer has violated these terms of use, MUDDY BOOTS shall issue a notification to the customer via e-mail describing the violation. The customer will have 14 days to remedy the violation. If the violation is not remedied, MUDDY BOOTS will suspend the customer’s account. THE CUSTOMER’S DATA WILL NOT BY AFFECTED. If after 30 days the violation has not been remedied, the customer relationship will be terminated [see “Terminating a Customer Relationship” below]

TERMINATING A CUSTOMER RELATIONSHIP

A customer may terminate a subscription to THE PRODUCT at the end of the subscription period. The customer may do so by notifying MUDDY BOOTS via e-mail. No portion of the subscription fee will be refunded. Once a customer subscription has been cancelled, the information input and content uploaded will be retained by MUDDY BOOTS on its server for 30 days before deleting the data. This is done as a customer convenience if a customer wishes to restart a subscription that has been cancelled.

LAWS GOVERNING THE TERMS OF USE

These terms of use shall be governed, construed, and enforced in accordance with the laws of the US State of North Carolina.

CHANGES TO THE TERMS OF USE

From time to time MUDDY BOOTS may amend these terms of use. When such amendments occur, current customers will be notified via e-mail and the amended terms of use will be posted on THE PRODUCT website.