Phyt Cloud Terms of Service

Version: 1.0 Last Updated: January 2026

1. Introduction and Acceptance

Welcome to Phyt Cloud ("Service"), a plant growing journal and AI-assisted cultivation platform operated by Dixon Development LLC ("Company," "we," "us," or "our").

By accessing or using Phyt Cloud at phyt.ai or any associated applications, you ("User," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

These Terms govern your use of the Phyt Cloud software-as-a-service platform. If you are participating in our Beta Hardware Program, additional terms apply as specified in the Beta Hardware Program Agreement.

2. Eligibility

2.1 Age Requirement

You must be at least 18 years of age to use Phyt Cloud. By using the Service, you represent and warrant that you are at least 18 years old.

2.2 Account Responsibility

You are responsible for maintaining the security of your account and for all activities that occur under your account.

3. Account Registration

3.1 Authentication

Phyt Cloud uses Google OAuth for authentication. By signing in with Google, you authorize us to access basic profile information (email address, display name, and profile photo) to create and manage your account.

3.2 Organization

Upon account creation, a personal organization ("garden") is automatically created for you. Your grows, journal entries, knowledge artifacts, and other data are associated with this organization.

3.3 Account Security

You agree to:

Maintain the security of your Google account
Notify us immediately of any unauthorized access to your Phyt Cloud account
Not share your account or allow others to access the Service through your account

4. Service Description

4.1 Core Features

Phyt Cloud provides:

Grow Journal: Track plant cultivation projects from seed to harvest, including growth stages, environmental conditions, and notes
Knowledge Library: Store and organize growing tips, feeding schedules, and cultivation knowledge
Plant Variety Database: Access information about various plant types including vegetables, herbs, flowers, and mushrooms
AI Assistant: Get cultivation advice, analyze plant photos, and receive growing recommendations
Dashboard: View and manage your grows in one place

4.2 Optional Hardware Integration

Phyt Cloud can optionally connect to Phyt irrigation controller hardware for:

Real-time sensor monitoring (soil moisture, temperature, flow)
Remote automation control
Automatic sensor data logging to your journal

Hardware integration requires separate hardware. If you are participating in the Beta Hardware Program, the Beta Hardware Program Agreement applies in addition to these Terms.

4.3 Service Availability

We strive to maintain high availability but do not guarantee uninterrupted access. The Service may be temporarily unavailable for maintenance, updates, or circumstances beyond our control.

5. Subscription Tiers

5.1 Tier Overview

Phyt Cloud offers the following subscription tiers:

| Tier | Price | Key Features | |------|-------|--------------| | Free | $0/month | 1 active grow, 5 AI credits/month, 500MB photos | | Starter | $12/month | 3 active grows, 50 AI credits/week, 5GB photos | | Grower | $29/month | 10 active grows, 100 AI credits/week, 25GB photos | | Pro | $99/month | Unlimited grows, 500 AI credits/week, 100GB photos |

Full feature details are available on our pricing page.

5.2 Billing

Paid subscriptions are billed monthly or annually through Stripe
Prices are in USD and exclude applicable taxes
You authorize us to charge your payment method on a recurring basis
Annual subscriptions are billed upfront for the full year

5.3 Free Trials

We may offer free trials at our discretion. At the end of a trial, you will be downgraded to the Free tier unless you subscribe to a paid plan.

5.4 Upgrades and Downgrades

Upgrades: Take effect immediately; you are charged a prorated amount
Downgrades: Take effect at the end of your current billing period
When downgrading, features exceeding your new tier's limits may become inaccessible until you reduce usage or upgrade

5.5 Cancellation

You may cancel your subscription at any time through the billing settings. Upon cancellation:

Your subscription remains active until the end of the current billing period
You will not be charged for subsequent periods
Your account reverts to the Free tier
Data exceeding Free tier limits may become inaccessible (but is not immediately deleted)

5.6 Refunds

Subscription fees are generally non-refundable. We may provide refunds at our sole discretion for exceptional circumstances. Contact support@phyt.ai for refund requests.

6. AI Features and Credits

6.1 AI Credit System

AI features in Phyt Cloud use a credit system:

Credits are consumed when you interact with AI features (chat, photo analysis)
Credit consumption varies based on interaction complexity
Credits reset on a schedule determined by your subscription tier (weekly for paid tiers, monthly for Free)
Credits do not roll over—unused credits expire at each reset

6.2 Credit Limits

| Tier | AI Credits | Reset Period | |------|------------|--------------| | Free | 5 | Monthly | | Starter | 50 | Weekly | | Grower | 100 | Weekly | | Pro | 500 | Weekly |

6.3 Rate Limiting

To prevent abuse, AI features are subject to rate limits (messages per minute/hour). Exceeding rate limits will temporarily restrict AI access.

6.4 AI Limitations

IMPORTANT: AI features are provided for informational purposes only.

AI responses may be inaccurate, incomplete, or inappropriate for your specific situation
Do not rely solely on AI advice for critical decisions affecting plant health, safety, or legal compliance
The AI does not have real-time knowledge of your specific growing conditions unless explicitly provided
We are not responsible for outcomes resulting from following AI recommendations

6.5 AI Data Processing

When you use AI features, your prompts and relevant context (grow information, photos) are processed by third-party AI providers (such as OpenAI or Anthropic). See our Privacy Policy for details on how this data is handled.

7. User Content

7.1 Your Content

"User Content" includes all data you create, upload, or input into Phyt Cloud, including:

Grow information and journal entries
Photos and images
Notes, knowledge artifacts, and custom data
AI conversation content

7.2 Ownership

You retain ownership of your User Content. We do not claim ownership of your grows, photos, notes, or other content you create.

7.3 License Grant

By using Phyt Cloud, you grant us a limited, non-exclusive, worldwide license to:

Store, process, and display your User Content to provide the Service
Use anonymized and aggregated data to improve our products and services
Process your content through AI systems to provide AI features

This license terminates when you delete your content or close your account, except for:

Anonymized data that cannot be attributed to you
Data retained for legal compliance
Backups retained per our backup retention schedule

7.4 Content Responsibility

You are solely responsible for your User Content. You represent that:

You have the right to upload and share the content
Your content does not violate any laws or third-party rights
Your content does not contain malware or malicious code

8. Acceptable Use

8.1 Permitted Use

You may use Phyt Cloud for lawful personal or commercial plant cultivation tracking and management.

8.2 Prohibited Activities

You agree NOT to:

Use the Service for any illegal purpose or to track illegal activities
Attempt to gain unauthorized access to the Service or other users' accounts
Reverse engineer, decompile, or attempt to extract source code
Use automated scripts or bots to access the Service (except approved integrations)
Abuse AI features by attempting to manipulate, jailbreak, or misuse AI systems
Upload content that is illegal, harmful, threatening, abusive, or violates third-party rights
Resell, redistribute, or sublicense access to the Service
Interfere with or disrupt the Service or servers
Circumvent usage limits, rate limits, or other restrictions

8.3 Enforcement

We reserve the right to investigate and take action against violations, including:

Warning or suspending your account
Permanently terminating your account
Removing content that violates these Terms
Reporting illegal activity to law enforcement

9. Data Retention

9.1 Retention Periods

Data retention varies by subscription tier:

| Tier | Journal Data Retention | AI Conversation History | |------|------------------------|-------------------------| | Free | 1 year | 7 days | | Starter | 2 years | 30 days | | Grower | 5 years | 90 days | | Pro | Forever | Forever |

9.2 After Account Closure

When you close your account or downgrade:

Your data is retained for 30 days to allow reactivation
After 30 days, data may be permanently deleted
Some data may be retained longer for legal compliance or in anonymized form

9.3 Data Export

You may export your data at any time through the account settings. Export formats vary by tier (CSV for Free, full export for paid tiers).

10. Privacy

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

11. Third-Party Services

11.1 Integrated Services

Phyt Cloud integrates with third-party services including:

Google: Authentication (OAuth)
Stripe: Payment processing
AI Providers: OpenAI, Anthropic (for AI features)
Cloud Infrastructure: For hosting and data storage

11.2 Third-Party Terms

Your use of third-party services is subject to their respective terms and privacy policies. We are not responsible for third-party services.

12. Intellectual Property

12.1 Our Property

Phyt Cloud, including its design, features, code, documentation, and branding, is owned by Dixon Development LLC and protected by intellectual property laws. You receive no ownership rights in the Service.

12.2 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us the right to use such feedback without restriction or compensation.

12.3 Plant Variety Database

The plant variety database contains both system-provided content (owned by us) and user-contributed content. System varieties may include information from public sources.

13. Disclaimers

13.1 "As Is" Service

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

We disclaim all warranties including:

Merchantability
Fitness for a particular purpose
Non-infringement
Accuracy or reliability of information
Uninterrupted or error-free operation

13.2 AI Disclaimer

AI FEATURES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE RELIED UPON AS PROFESSIONAL ADVICE.

AI responses may be inaccurate or inappropriate
We do not guarantee the accuracy of AI-generated content
You assume all risk from acting on AI recommendations

13.3 Plant Cultivation Disclaimer

Phyt Cloud is a tracking and information tool. We do not guarantee successful plant cultivation. Results depend on many factors outside our control including your skill, environment, and care practices.

14. Limitation of Liability

14.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DIXON DEVELOPMENT LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

Lost profits or revenue
Data loss or corruption
Plant loss or damage
Business interruption
Cost of substitute services

14.2 Liability Cap

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF:

The amount you paid us in the 12 months preceding the claim, or
One hundred dollars ($100)

14.3 Essential Purpose

These limitations apply even if any remedy fails its essential purpose.

15. Indemnification

You agree to indemnify and hold harmless Dixon Development LLC, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from:

Your use of the Service
Your User Content
Your violation of these Terms
Your violation of any third-party rights

16. Termination

16.1 By You

You may terminate your account at any time by canceling your subscription and deleting your account through the settings.

16.2 By Us

We may suspend or terminate your account immediately if:

You violate these Terms
You engage in fraudulent or illegal activity
Your account is inactive for an extended period
Required by law

16.3 Effect of Termination

Upon termination:

Your right to use the Service ends immediately
We may delete your data after a reasonable retention period
Sections that should survive termination (indemnification, limitation of liability, etc.) will survive

17. Changes to Terms

17.1 Modifications

We may modify these Terms at any time. Material changes will be communicated via:

Email to your registered address
Notice within the Service
Update to the "Last Updated" date

17.2 Acceptance

Continued use of the Service after changes become effective constitutes acceptance of the modified Terms. If you disagree with changes, you must stop using the Service and close your account.

17.3 Notice Period

For material changes, we will provide at least 30 days notice before changes take effect, except where immediate changes are required by law.

18. Governing Law and Disputes

18.1 Governing Law

These Terms are governed by the laws of the State of Michigan, United States, without regard to conflict of law principles.

18.2 Dispute Resolution

The parties agree to attempt good faith resolution of any dispute before pursuing formal remedies. Either party may pursue claims in small claims court in Washtenaw County, Michigan. For disputes exceeding small claims limits, the parties consent to exclusive jurisdiction in state or federal courts in Michigan.

18.3 Class Action Waiver

YOU AGREE TO RESOLVE DISPUTES ON AN INDIVIDUAL BASIS AND WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTIONS.

19. General Provisions

19.1 Entire Agreement

These Terms, together with the Privacy Policy and any tier-specific terms, constitute the entire agreement between you and Dixon Development LLC regarding the Service.

19.2 Severability

If any provision is found unenforceable, the remaining provisions remain in effect.

19.3 Waiver

Our failure to enforce any provision does not waive our right to enforce it later.

19.4 Assignment

You may not assign or transfer these Terms. We may assign to a successor entity.

19.5 Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control.

20. Contact Information

Questions about these Terms:

Email: support@phyt.ai

Company: Dixon Development LLC Michigan, USA