The agreement
These terms are an agreement between you and Terrace Technologies, Inc. (“we”, “us”) for using SourcePlants, on the web and in the mobile app. By creating an account or using SourcePlants you accept them, and our Privacy Policy, which explains what we do with your information.
SourcePlants is for businesses in the plant trade and the people who work for them. You must be at least 18. If you use it for a company, you confirm you may accept these terms for that company, and “you” includes it. If you do not accept them, do not use SourcePlants.
What SourcePlants is, and is not
Growers publish what they have available; buyers search it, message growers and send requests for quote. That is all we do. We are not a party to any sale. Prices, quantities, quality, grading, delivery, payment, plant health and returns are agreed between the buyer and the grower, and any dispute about them is between them. We do not take payments between buyers and growers, and nothing on SourcePlants is an order until the two of you agree it.
Listings are published by growers and can change without notice. We read uploaded lists automatically and growers review what was read, but we do not check that stock exists, that it matches its description, or that a price is current. Distances are approximate. A grower marked “verified” is one whose business we have checked, not one whose every listing we vouch for.
Accounts and teams
- Give accurate details about yourself and your business, and keep them up to date. Use your own email address, and confirm it when we ask.
- Keep your password to yourself. You are responsible for what happens under your account; tell us at once if you think someone else has used it.
- One person, one account. Each person on a team signs in as themselves; do not share a sign-in.
- An organization’s owners and admins decide who is on its team and what each person may do, and are responsible for their team’s use of SourcePlants and for what adding people costs (below).
- Do not create accounts or organizations to get another free trial, or to get round a limit or a suspension.
Plans, trials and billing
Browsing SourcePlants is free for everyone. What each plan costs is on the Pricing page, which forms part of these terms.
- Growers publish listings on the Farm plan, which is priced per farm. It includes 2 people; each further active member of the farm’s team is charged at the per-person price on the Pricing page. The charge is added when someone joins the team and removed when they leave, worked out for the part of the billing period that is left. Invitations cost nothing until they are accepted.
- A new farm gets a 30-day free trial of the Farm plan, for its whole team, with no card needed. It starts when the farm’s first list goes live. There is one free trial per farm and per person: a farm whose owner or publisher has had one with another farm starts on a paid plan.
- Buyers contact growers on the Trade plan, which is priced per account: each active member of the company’s team is charged at the price on the Pricing page. The charge is added when someone joins the team and removed when they leave, worked out for the part of the billing period that is left. Invitations cost nothing until they are accepted. The first 30 days are free, once per company. A card is taken when you start, and the plan is charged when the free period ends unless you cancel before then.
- Some organizations, such as customers of Terrace’s farm software, may be given a plan at no charge. We will tell you when that applies, and before it ends.
- Plans are bought on our website. The mobile app does not sell anything.
Renewal and cancelling. Paid plans renew automatically each month or year, whichever you chose, at the price then in effect, and are charged to your payment method until you cancel. You can cancel at any time in Plan & billing; the plan runs to the end of the period you have paid for, and is not renewed after it. Payments are handled by our payment processor, under its own terms. Prices exclude any taxes that apply. Except where the law says otherwise, payments are not refundable, including for part of a period.
When a plan ends or a payment fails. If a payment fails, your plan keeps running for 14 days while you update your payment details. When a grower’s trial or plan ends, nothing new goes live and its listings are paused: hidden from buyers, never deleted. Subscribing again puts them back. When a buyer’s plan ends, they keep browsing and can read their conversations, but cannot contact growers.
Changes to prices. We may change our prices or plans. We will tell you at least 30 days before a change affects what you pay, and you can cancel before it does.
Contacting growers
A grower’s phone number, email and street address, messaging growers and sending requests for quote need a plan that includes contacting growers and a confirmed email address. To keep growers’ inboxes for the trade, each person may see the contact details of up to 30 growers a day, and each company up to 60; messages and requests have daily limits too. Contact details you get from SourcePlants are for dealing with that business about plants, and for nothing else.
Listings
Growers, and anyone publishing for a farm, agree that:
- Listings describe plants the farm actually has, or can supply, in the sizes and amounts shown, and are kept current. Availability weeks out of date wastes buyers’ time; mark what has sold, and update your list when it changes.
- You review what we read from your lists before relying on it. When you ask us to publish a known weekly list automatically, you are responsible for what it publishes.
- You may sell and ship the plants you list, and meet the plant-health, quarantine, labelling and licensing rules that apply to them, including restrictions on invasive, regulated or protected species and on moving plants across state lines.
- Prices and quantities you choose to show are offers to talk, not binding offers to sell, unless you say otherwise.
Your content
You own what you put on SourcePlants: listings, photos, the lists you upload or email to us, messages and your business details. You give us a non-exclusive, worldwide, royalty-free permission to store it, process it (including having lists read by the AI service described in our Privacy Policy), show it to the people it is meant for, and make the copies needed to run and improve the service, for as long as it is on SourcePlants and for a reasonable time after, for backups. Published listings and your farm’s page are shown to anyone, including in search results and search engines.
You are responsible for what you publish and send, and confirm you have the right to it, including to any photo. We may use the corrections growers make when reviewing lists to improve how lists are read for everyone, without showing your content to anyone else. We may remove content that breaks these terms.
If you send us ideas or suggestions, we may use them without owing you anything.
Acceptable use
Do not:
- Collect growers’ or buyers’ contact details, or copy listings, in bulk, by scraping, by automated means, or by any route around our limits.
- Use contact details from SourcePlants for anything but dealing with that business about plants: no adding them to mailing lists, and no selling or sharing them.
- Send spam, unsolicited bulk messages, or messages unrelated to the plant trade.
- Harass, threaten or abuse anyone, or post anything unlawful, hateful, sexually explicit or deceptive.
- Misrepresent who you are, your business, or your stock; or list plants you may not sell.
- Ask for payment up front under false pretences, or use SourcePlants for any kind of fraud.
- Upload malware, interfere with the service, probe or bypass its security, overload it, or use it to build a competing directory or dataset.
- Get round a plan’s limits, a free-trial rule, a closed conversation or a suspension, or let someone use SourcePlants through your account.
Messages, email and reports
Messages are between you and the other side; we do not read them as a matter of course. Everyone on a farm’s team sees the farm’s conversations. Either side can close a conversation to new messages.
You can reply to our notification emails, and email availability lists to your farm’s address. We post a reply or accept a list only when we can confirm it came from an address allowed to send it, and may drop any email we cannot confirm, without telling you.
If something is wrong, use Report in a conversation’s menu or on a farm’s page. A report sends us a copy of the conversation’s recent messages so we can look into it.
Our service and content
SourcePlants, its software, design, plant catalogue and everything else we provide, other than your content and other users’, belong to us or our licensors. We give you a personal, non-exclusive, non-transferable right to use it for its purpose, under these terms. Other companies’ services we use or link to, such as our payment processor, have their own terms.
Copyright complaints
If you believe something on SourcePlants infringes your copyright, write to founders@terracetech.co with: the work you own, where the infringing material is (a link), your contact details, a statement that you believe in good faith the use is not authorized, and a statement, under penalty of perjury, that your notice is accurate and that you own the copyright or may act for its owner, signed by you. We will remove material that infringes, and end the accounts of people who repeatedly infringe.
The mobile app
The app is free to download. These terms are the licence for it, whichever store you got it from, and the store’s own terms apply as well. If you got the app from Apple’s App Store:
- These terms are between you and us, not Apple. We, not Apple, are responsible for the app and its content, for supporting and maintaining it, and for any claim about it, including product liability, legal or regulatory compliance, consumer protection and intellectual property claims.
- You may use the app on Apple devices you own or control, as Apple’s Usage Rules allow.
- Apple has no warranty obligation for the app. If the app fails a warranty that applies by law, you may tell Apple, which will refund any price you paid for it; Apple has no other warranty obligation.
- You confirm you are not in a country under a US government embargo or designated as supporting terrorism, and are not on a US government list of prohibited or restricted parties.
- You will follow the terms of your mobile carrier and other services you use with the app.
- Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you.
Suspending and ending
You can stop using SourcePlants and delete your account at any time; our Privacy Policy explains what that deletes and what stays for others. Cancel any paid plan first.
We may remove content, close conversations, pause listings, or suspend or end an account or organization that breaks these terms, puts others at risk, or exposes us to legal liability. Where we reasonably can, we will tell you why and give you a chance to put it right. If we end your account without cause, we will refund the unused part of any period you paid for. We may change or stop parts of the service; if we stop SourcePlants altogether, we will give you reasonable notice and refund the unused part of any period you paid for.
The sections on your content, disclaimers, liability, indemnity, governing law and general terms survive the end of this agreement.
Disclaimers
SourcePlants is provided “as is” and “as available”. To the extent the law allows, we make no promises beyond those in these terms, and disclaim implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not promise that SourcePlants will always be available or free of errors, or anything about any listing, grower, buyer or plant. Lists read automatically can contain mistakes; growers are responsible for reviewing what is published, and buyers for confirming details with the grower before they buy.
Limits on liability
To the extent the law allows, we are not liable for indirect, incidental, special or consequential losses, lost profits, lost business or lost data, or for anything that passes between buyers and growers, including plants that are not as described, not delivered or not paid for. Our total liability to you for all claims about SourcePlants is limited to the greater of what you paid us in the 12 months before the claim and US $100. Nothing here limits liability that cannot be limited by law.
Indemnity
If someone makes a claim against us because of what you published or sent, how you dealt with another user, or your breach of these terms or the law, you will cover our reasonable costs of that claim, including reasonable legal fees. We will tell you about the claim and let you help defend it.
Governing law and disputes
These terms are governed by the laws of the State of Georgia and of the United States, without regard to conflict of law rules. Before going to court, write to us and give us 30 days to try to resolve the dispute. Any dispute with us that is not resolved will be heard in the state or federal courts located in Georgia, and both sides agree to those courts’ jurisdiction. Either side may bring a claim in small claims court where it qualifies.
General
- These terms, the Privacy Policy and the Pricing page are the whole agreement between us about SourcePlants.
- If a court finds part of these terms unenforceable, the rest still applies.
- Not enforcing a term straight away does not mean we give up the right to.
- You may not transfer these terms without our consent. We may transfer them as part of a merger, financing or sale of our business.
- We are not liable for delays or failures caused by things beyond our reasonable control, such as outages of the services we rely on.
- Using SourcePlants does not make you and us partners, employees or agents of each other, and grower and buyer are independent of us.
- We send notices to the email address on your account or in the app; you send notices to the addresses below.
Changes to these terms
We may update these terms. We will change the date at the top, and tell you by email or in the app at least 30 days before a change that matters takes effect. Using SourcePlants after that means you accept the new terms; if you do not, you can cancel your plan and delete your account.
Contact
Questions about these terms: founders@terracetech.co. Legal notices: Terrace Technologies, Inc., 285 W Wieuca Rd NE, Ste 69403, Atlanta, GA 30342.