Terms of Use

1Acceptance of these terms

These Terms of Use (“Terms”) form a binding agreement between you (“you”, “the user”) and Andrii Matiushev, the independent developer publishing as “Zydeno” (“Zydeno”, “we”, “us”, “our”), the developer of the Cultivy application, including its Home Screen and Lock Screen widgets and its Siri / Shortcuts actions (together, “the app”). By downloading, installing, accessing, or using the app, you confirm that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not use the app.

2Eligibility & age

You must be legally able to enter into this agreement in your jurisdiction. The app is rated 4+ on the App Store and intended for a general audience, but if you are a minor you may use it only with the involvement and consent of a parent or legal guardian, who agrees to these Terms on your behalf. Purchases (including Cultivy Premium) may only be made by someone with the legal capacity to do so, or with parental consent — for example via Apple’s Ask to Buy / Family Sharing controls. By using the app you represent that the information you provide is your own (or that of someone you are authorized to manage).

3What Cultivy is

Cultivy is an informational gardening, lifestyle and productivity tool for planning and tracking a home garden. Its features include:

• a visual bed designer (square-foot grid) to lay out raised beds, containers and in-ground beds, place crops, and see companion-planting compatibility, conflicts and a garden-health score;
• “Plan my garden” auto-layout, auto-fill by companions, and crop-rotation warnings with multi-year history;
• a plant library with photos, growing info, varieties, nutrition, recipe ideas and FAQs; the ability to create custom plants; favorites; and curated collections;
• a localized planting calendar (sow / transplant / harvest windows and succession sowing) estimated from your climate;
• auto-generated and custom tasks with local reminders;
• a journal with photos and tags, and a harvest log with season totals and yield analytics;
• “Diagnose” — a symptom-based pest & disease solver and reference library;
• “Ask Cultivy” — an on-device gardening assistant;
• a how-to growing guide, a camera-based Light Meter, a shopping list, and a seed inventory;
• local weather, frost & heat alerts and weather-aware watering (powered by MET Norway);
• Home Screen & Lock Screen widgets and Siri / Shortcuts actions;
• data export (PDF / image plans, JSON backup, CSV, calendar .ics) and optional iCloud sync.

The app is free to download and its core features are free to use, with no accounts and no Cultivy servers; your data is stored on your device (see Privacy Policy). An optional paid upgrade, Cultivy Premium, unlocks additional premium features — see §12 for the free/premium split and the purchase, billing, trial, renewal and cancellation terms.

4License to use the app

Subject to your compliance with these Terms, Zydeno grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use one copy of the app on Apple-branded devices that you own or control, for your personal, non-commercial use, as permitted by the App Store Licensed Application End User License Agreement (“Standard EULA”). These Terms supplement, and where permitted prevail over, the Standard EULA. You may not copy, modify, reverse-engineer, decompile, distribute, sell, rent, or create derivative works of the app except to the extent this restriction is prohibited by applicable law.

5Not professional advice — important

• Plant identification, edibility & toxicity: never consume, forage, handle, or give to animals any plant based on the app alone. Identification can be mistaken, and many plants are toxic to people, children, or pets. Confirm a plant’s identity and safety with a qualified professional before eating or handling it.
• Treatments & chemicals: companion-planting tips and pest / disease remedies are traditional guidance, not scientific guarantees. Always follow the label and local regulations for any fertilizer, pesticide, or other product, and keep them away from children and pets.
• Dates & weather: sow / harvest windows, frost & heat alerts, and forecasts are estimates and can be wrong; do not rely on them for time- or safety-critical decisions. The Light Meter is an experimental, approximate estimate.
• Allergies & health: if you have plant allergies, sensitivities, or any health condition, consult a qualified professional. In a medical emergency, call your local emergency number immediately.

You acknowledge and agree that any reliance on the app’s information is solely at your own risk.

6Third-party data & accuracy

Plant facts are drawn from the USDA PLANTS database (public domain) and Cultivy’s own editorial content; photos are supplied by Pexels; and weather & forecast data is provided by MET Norway (the Norwegian Meteorological Institute) under the Creative Commons CC BY 4.0 licence. Climate, hardiness-zone and frost-date estimates are computed approximately and are not guaranteed for your location. Coverage and accuracy vary by region. Zydeno does not create, verify, or warrant third-party data and is not responsible for it. Where data is missing or uncertain, you should not assume a result is complete or correct.

7Your responsibilities

You are solely responsible for: the gardens, plants, notes, and other information you enter; verifying any plant’s identity, edibility and safety with appropriate experts and sources; how you interpret and act on the app’s information; complying with local laws (including on protected, invasive, or controlled plants); and keeping your device secure. You use the app at your own risk and remain responsible for all decisions you make.

8Acceptable use

You agree not to: use the app for any unlawful purpose or in violation of any applicable law; interfere with, disrupt, or attempt to gain unauthorized access to the app, its data providers, or their systems; scrape, overload, or abuse third-party APIs the app relies on; remove or obscure any proprietary notices; or use the app in any way that could harm, disable, or impair it or interfere with another party’s use.

9Your content & privacy

Content you create in the app — gardens, beds, plantings, calendar, tasks, journal entries, notes, photos, harvest logs, seed inventory, custom plants, favorites, and shopping lists — is yours and is stored on your device (and, if you enable it, in your own private iCloud). Zydeno does not collect, access, host, or back it up, and claims no ownership or rights over it. You are responsible for it and for your own backups. Our handling of information is described in the Privacy Policy, which is incorporated into these Terms by reference.

10Intellectual property

The app, including its software, design, “Forest & Sprout” visual identity, the Cultivy name and logo, text, and other original content, is owned by Zydeno and protected by intellectual-property laws. Except for the license in §4, no rights are granted to you. Third-party content is provided under its own licenses — for example, Pexels photos under the Pexels License; USDA PLANTS data is generally in the public domain; weather & forecast data is provided by MET Norway under the Creative Commons CC BY 4.0 licence and credited as “Data from MET Norway”. Third-party product names, brands, and trademarks belong to their respective owners and are used for identification only; their use does not imply any endorsement or affiliation.

11Third-party services & links

The app relies on and may link to third-party services and websites (for example, Pexels, MET Norway, Apple iCloud, the App Store, and cited data sources such as USDA PLANTS). We do not control these third parties, do not endorse them, and are not responsible for their content, availability, accuracy, or practices. Your use of any third-party service is governed by that party’s own terms and privacy policy.

12Purchases, subscriptions & advertising

12.1 Free core & Cultivy Premium

Cultivy is free to download, and a genuinely useful set of core features is free to use. An optional premium upgrade, Cultivy Premium (“Premium”), unlocks additional features. The exact set of Premium features is shown in the app and may evolve over time; we may also change which features are free and which require Premium, and we do not promise that any particular feature will remain free. Premium is offered through the following products:

The current price of each option is always displayed in the app and on the App Store, in your local currency and before you confirm a purchase. Prices may vary by region and may include applicable taxes. Monthly and Yearly are part of the “Cultivy Premium” subscription group; Lifetime is a separate one-time purchase that permanently unlocks Premium for the Apple Account that bought it.

Depending on your plan and the app version, Premium may unlock, for example: unlimited gardens and beds (free tier: 1 garden and 2 beds); unlimited custom plants (free: 1); unlimited journal entries (free: 20); an unlimited Cultivy Assistant (free: a few messages per day); the full variety library and recipe ideas; all themed collections; auto-fill beds by companions; crop-rotation warnings and multi-year history; the full garden-health breakdown; succession sowing, full season planning and calendar (.ics) export; weather-aware watering and the full frost & heat alert suite; yield analytics and multi-year trends; the seed inventory; all widgets (including Lock Screen) and Siri / Shortcuts; iCloud sync; PDF / image plan export and JSON backup; and premium themes. The authoritative, current list is shown on the in-app paywall and the App Store listing.

12.2 Billing & automatic renewal

• All purchases are made through Apple and are charged to your Apple Account at confirmation of purchase (or, where a free trial applies, at the end of the trial period).
• Subscriptions renew automatically unless auto-renewal is turned off at least 24 hours before the end of the current period. Your Apple Account is charged for the renewal, at the then-current price, within 24 hours prior to the end of the current period.
• You can manage or cancel your subscription, and turn off auto-renewal, at any time in your App Store account settings (Settings → [your name] → Subscriptions on your device) or via the “Manage subscription” link in the app’s Settings. Deleting the app does not cancel a subscription.
• If you cancel, your subscription stays active until the end of the period you have already paid for; the remaining period is not refunded, except where required by law or granted by Apple (§12.5).

12.3 Free trial

A subscription may include an introductory free trial (currently 7 days on the Yearly plan), as shown on the purchase screen. You are not charged during the trial; the trial converts automatically into a paid subscription at the price shown unless you cancel auto-renewal at least 24 hours before the trial ends. Any unused portion of a free trial is forfeited when you purchase a subscription or the Lifetime unlock. Eligibility for introductory offers (typically one per Apple Account) is determined by Apple.

12.4 Price changes

We may change prices for new purchases at any time. If the price of your existing subscription increases, Apple will notify you in advance and, where required, ask for your consent before the new price applies; if you do not agree, you can cancel before the next renewal and keep access until the paid period ends.

12.5 Refunds & restoring purchases

Purchases are processed by Apple, and refunds are handled by Apple under the Apple Media Services Terms — we cannot issue refunds ourselves. To request a refund, use reportaproblem.apple.com or your App Store purchase history. Your statutory consumer rights — for example, the 14-day withdrawal right for digital content in the EU/UK, and equivalent refund or cooling-off rights in other countries — are unaffected and are exercised through Apple. If you reinstall the app or switch devices, tap “Restore Purchases” in the app to re-activate Premium on the same Apple Account free of charge.

12.6 Changes to Premium & availability

The specific features included in Premium may change as the app evolves, and §16 (changes & termination) applies to paid features as well. If the app fails to conform to an applicable warranty, you may notify Apple for a refund of the purchase price, as described in §17.

12.7 Advertising

The app currently contains no advertising. We reserve the right to introduce advertising (which may involve third-party advertising or analytics providers) in future versions. If we do, any new data practices will be reflected in an updated Privacy Policy and App Store privacy label before they take effect. We are under no obligation to provide updates, new features, or continued availability.

13Disclaimer of warranties

To the maximum extent permitted by applicable law, the app and all information it provides are offered “AS IS” and “AS AVAILABLE”, without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, accuracy, non-infringement, and any warranty that the app will be uninterrupted, error-free, secure, or that data will be complete, accurate, or current. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you; in that case, such warranties are limited to the minimum scope permitted by law.

Consumers keep their statutory rights. Nothing in these Terms excludes, restricts, or modifies any right or guarantee that mandatory consumer law gives you and that cannot lawfully be waived — for example, the legal guarantee of conformity for digital content and services in the EU and UK, the consumer guarantees under the Australian Consumer Law, and equivalent protections in other countries. Where such rights apply, they prevail over the disclaimers above to the extent of any conflict.

14Limitation of liability

To the maximum extent permitted by applicable law, in no event will Zydeno or its developers, officers, or affiliates be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, data, goodwill, crops or plants, or for any personal injury, illness, allergic reaction, or harm to people, pets or property, arising out of or related to your use of (or inability to use) the app or your reliance on its information — even if advised of the possibility of such damages, and regardless of the legal theory.

To the maximum extent permitted by law, Zydeno’s total aggregate liability for all claims relating to the app will not exceed the greater of (a) the amounts you paid (through Apple) for the app — including Cultivy Premium subscriptions and purchases — in the 12 months before the claim, or (b) USD $10.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited — including, where the law so provides, liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for willful misconduct or gross negligence, or under mandatory product-liability and consumer-protection laws. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you, and you may have additional rights that vary by country.

15Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless Zydeno and its developers and affiliates from any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of your misuse of the app, your violation of these Terms, or your violation of any law or the rights of any third party.

16Changes to the app & termination

We may modify, suspend, or discontinue the app or any feature at any time, with or without notice. These Terms apply until terminated. Your license terminates automatically if you breach them; you may terminate at any time by deleting the app. Sections that by their nature should survive termination (including §§5, 6, 9–11, 13–15, 17–19) will survive.

17Apple-specific terms

These Terms are between you and Zydeno only, not with Apple Inc. (“Apple”). Apple is not responsible for the app or its content. To the extent the app is downloaded from the Apple App Store, the following apply:

1. Scope of license. The license granted to you is limited to a non-transferable license to use the app on Apple-branded products you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Apple’s Standard EULA.
2. Maintenance & support. Zydeno is solely responsible for any maintenance and support for the app. Apple has no obligation to furnish any maintenance or support services.
3. Warranty. Zydeno is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the app fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any); to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app.
4. Product claims. Zydeno, not Apple, is responsible for addressing any claims relating to the app or your use of it, including (i) product-liability claims; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer-protection, privacy, or similar legislation.
5. Intellectual-property claims. Zydeno, not Apple, is responsible for the investigation, defense, settlement, and discharge of any third-party claim that the app or your use of it infringes that third party’s intellectual-property rights.
6. Legal compliance. You represent that you are not located in a country subject to a U.S. Government embargo or designated as “terrorist-supporting,” and that you are not on any U.S. Government list of prohibited or restricted parties.
7. Developer contact. Questions, complaints, or claims about the app should be directed to Zydeno at [email protected].
8. Third-party beneficiary. You acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of these Terms, and that upon your acceptance Apple will have the right (and is deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

18Governing law & disputes

These Terms are governed by the laws of Ukraine, the jurisdiction in which the developer is established, without regard to its conflict-of-laws rules, and you and Zydeno agree to the exclusive jurisdiction of its competent courts, except where mandatory consumer-protection law in your country of residence provides otherwise. If you are a consumer, you retain the benefit of any mandatory provisions of the law of your country of residence, and nothing here deprives you of that protection; if that law gives you the right to bring or defend proceedings in the courts of your country of residence, that right is unaffected. You agree to first attempt to resolve any dispute informally by contacting [email protected].

19General provisions

• Entire agreement. These Terms, together with the Privacy Policy and Apple’s Standard EULA, are the entire agreement between you and Zydeno regarding the app.
• Severability. If any provision is held unenforceable, the rest remains in full force, and the unenforceable part is modified to the minimum extent necessary.
• No waiver. Our failure to enforce any provision is not a waiver of it.
• Assignment. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or transfer of assets.
• Language. These Terms may be provided in translation; if there is a conflict, the English version controls to the extent permitted by law.

20Changes to these terms

We may update these Terms to reflect changes to the app or the law. When we do, we will revise the “Last updated” date above and, where appropriate, note the change in the app or on this page. Your continued use of the app after changes take effect constitutes acceptance of the revised Terms. If you do not agree, stop using the app.

21Contact us

Questions about these Terms?

• Email: [email protected]
• Website: zydeno.com
• Developer: Andrii Matiushev (publishing as Zydeno)