Terms of Service (Allgemeine Geschäftsbedingungen)

Last updated: April 14, 2025.

1. Introduction

Welcome to PlantCam! These Terms of Service (the "Terms") govern your access to and use of the PlantCam device, the PlantCam mobile/web application, and any related services (collectively, the "Service") provided by Tech10 UG (haftungsbeschränkt) ("Tech10", "we", "us", or "our"). Tech10 UG is a limited liability company registered in Germany with its business address at Mailänder Platz 11, 70173 Stuttgart, Germany. Our contact email is [email protected].

By purchasing a PlantCam device or using our Service, you (the "user" or "customer") agree to be bound by these Terms, as well as our Return Policy, Shipping Policy, Warranty Conditions, and any other policies referenced herein (collectively, the "Agreement"). If you do not agree with these Terms, you must not use the Service or purchase our products.

These Terms are provided in English. In case we provide translations, the English version will prevail. The Service is intended for users worldwide; however, it is governed by the laws of Germany (see Section 12 below). Please read this Agreement carefully to understand your rights and obligations.

2. Eligibility and Account

Minimum Age

You must be at least 16 years old to use the PlantCam Service or purchase a PlantCam device. By creating an account or placing an order, you represent and warrant that you are at least 16 years of age. We do not knowingly collect personal data from anyone under 16 years old. If you are under 16, you may not use the Service.

Account Registration

Some features of our Service (such as the PlantCam app or community features) may require you to create an account. You agree to provide accurate, current, and complete information during registration and to keep your account information updated. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. If you suspect any unauthorized use of your account, you must notify us immediately at [email protected].

3. Product Orders and Sales

Offer and Acceptance

All orders placed through our website or app are subject to acceptance by Tech10. When you place an order for a PlantCam device, this constitutes an offer to buy. A contract of sale is only concluded when we confirm your order via a confirmation email or by shipping the product to you. We reserve the right to refuse or cancel any order before acceptance, for example, in cases of inaccuracies, suspected fraud, or if you are located in a restricted region (see Section 11).

Product Information and Pricing

We strive to ensure that all product descriptions, images, and pricing are accurate. However, in case of errors, we reserve the right to correct them. Prices are listed in Euros (EUR) and include VAT (for orders within the EU) unless stated otherwise. You are responsible for any applicable taxes, customs duties, or import fees for international orders (see Shipping Policy for details on customs).

Payment

Payment must be made in full at the time of order using the payment methods provided at checkout. We use secure third-party payment processors to handle your payment information. By providing payment information, you represent that you are authorized to use the payment method and authorize us (or our payment processor) to charge the full order amount, including any applicable taxes and shipping fees.

Promotions and Discounts

From time to time, we may offer promotional discounts, coupon codes, or referral bonuses. Such promotions are subject to the specific terms that will be communicated when they are offered. Promotions are discretionary and we reserve the right to modify or withdraw any promotion at any time without notice. A promotion offered on one occasion does not entitle any person to the same or a similar promotion in the future.

4. Shipping and Delivery

All purchases are subject to our Shipping Policy, which is hereby incorporated into these Terms. Key shipping terms include:

• Processing Time: Orders are typically processed and dispatched within 1–2 business days after payment is confirmed.
• Delivery Estimates: Delivery times vary by destination. Estimated delivery times are 3–7 business days within the European Union and 7–21 business days for other international destinations. These time frames are estimates and not guaranteed. Actual delivery may be affected by factors beyond our control (e.g., customs clearance or local postal delays).
• Carriers and Tracking: We primarily ship via DHL (Deutsche Post) for both domestic and international orders, but we may use alternative carriers at our discretion. Once your order ships, we will provide you with a tracking number via email so you can monitor the delivery status.
• Shipping Charges: We offer free standard shipping for orders over €50. For orders under €50, a shipping fee will apply (as displayed during checkout). You are responsible for any import duties or taxes imposed by your country for international shipments.
• Failed Delivery: Please ensure the accuracy of your shipping address when placing an order. We are not responsible for packages that cannot be delivered due to an incorrect or incomplete address provided by the customer. If a package is returned to us due to an address error or because it was unclaimed, we will contact you for correction and additional shipping payment, or offer a refund of the purchase price minus any shipping costs incurred.
• Shipping Restrictions: We do not ship to countries or regions that are subject to trade embargoes, sanctions, or active warzones. This includes (but is not limited to) countries such as North Korea, Iran, Syria, Russia, or any other area currently embargoed by the EU, US, or UN. If you place an order to a restricted location, we reserve the right to cancel the order and refund your payment.

For full details, please review our separate Shipping Policy document. By placing an order, you agree to comply with all applicable import laws and regulations in your jurisdiction and acknowledge that delivery is subject to those laws.

5. Returns and Cancellations

All purchases are subject to our Return Policy, which is incorporated into these Terms. We want you to be satisfied with your PlantCam. If you are not, you may be eligible to return the product under the following conditions:

• 30-Day Return Period: We offer a 30-day return window from the date you receive the product. If more than 30 days have passed since delivery, we cannot guarantee approval of a return or refund (aside from warranty claims for defective products, which are handled separately under the Warranty Conditions).
• Condition of Returns: To be eligible for a return, the PlantCam device must be in its original condition, with no significant damage, and returned in the original packaging with all accessories (including the suction cup, USB cable, and any manuals) intact. Please take care to pack the item securely for return shipping to avoid damage in transit.
• Return Process: To initiate a return, you must contact us at [email protected] within 30 days of receiving your order. Please provide your order number, date of purchase, and reason for return. Our customer support will provide you with return instructions and the return shipping address. You will be responsible for arranging and paying for return shipping. We strongly recommend using a trackable shipping service and purchasing shipping insurance, as we cannot process a refund for a return we do not receive.
• Refunds: Once we receive and inspect the returned product, we will notify you of the approval or rejection of your refund. If approved, we will process the refund to your original method of payment. Please note that any original shipping charges (if applicable) are non-refundable, except where required by law. We aim to process refunds within 14 days of receiving the returned item.
• Condition Deductions: If the returned product is damaged, missing components, or shows signs of use beyond what is necessary to inspect it (i.e., more than what would be reasonably allowed in a retail store), we reserve the right to deduct an appropriate amount from your refund to account for the diminished value, in accordance with applicable law.
• Exchanges: We currently do not offer direct product exchanges. If you wish to exchange a product, you may return it for a refund and place a new order for the desired item.
• Statutory Rights: This 30-day return policy is an extended satisfaction guarantee and does not limit or affect any statutory rights you may have. For example, EU consumers retain their legal right to withdraw from a distance purchase within 14 days of delivery without giving any reason (per EU consumer protection laws). Our 30-day period extends this right voluntarily. Any mandatory rights under consumer protection laws in your jurisdiction that exceed our return policy will be honored.

6. Warranty and Defective Products

Your purchase of a PlantCam device is covered by our 2-Year Limited Warranty, as detailed in our Warranty Conditions (incorporated herein by reference). Key points of the warranty include:

• Warranty Period: Tech10 UG warrants that the PlantCam device (including its hardware components) will be free from manufacturing defects and will function as intended for a period of two (2) years from the date of purchase.
• Scope of Coverage: This warranty covers defects in materials and workmanship that cause the PlantCam to fail in its intended use. If your PlantCam malfunctions or does not work as advertised due to a manufacturing defect within the warranty period, we will, at our discretion, repair the device, replace it with a new or refurbished equivalent device, or provide a refund of the purchase price.
• How to Make a Claim: To make a warranty claim, contact us at [email protected] with your order information, proof of purchase (such as your order confirmation or receipt), and a description of the issue. We may guide you through troubleshooting steps. If we determine that the product may be defective and covered by warranty, we will provide instructions for returning the product (at our expense for valid warranty claims). Upon receiving the defective product, we will inspect and test it to confirm the defect.
• Exclusions: The warranty does not cover damage or defects caused by any of the following:
  • Normal wear and tear or aging of the product (including cosmetic damage like scratches or discoloration that do not affect functionality).
  • Misuse, abuse, or improper handling (e.g., dropping the device, using excessive force, or not following the user instructions provided).
  • Failure of the suction cup or improper mounting of the device (e.g., if the PlantCam falls due to the suction cup detaching or not being securely attached, any resulting damage is not covered).
  • Exposure of the device to water, liquids, extreme humidity, or extreme temperatures beyond the device’s specifications.
  • Modification, repair, or disassembly by anyone not authorized by Tech10 (including attempts to alter the hardware or firmware).
  • Use of the device with improper power sources or accessories not provided or recommended by Tech10.
  • Any damage to or loss of data or recordings that may be stored on the device or in the app. (We recommend regularly backing up any important data.)
  • Accidents, fires, floods, acts of God, or other external causes beyond our control.
• Outcome of Claims: If a defect covered by warranty is confirmed, Tech10 will, at its option:
  • Repair the product, or
  • Replace the product with a new or equivalent device (replacement may be a new unit or a refurbished unit of equal performance and reliability), or
  • If repair or replacement is impracticable or disproportionate, refund the original purchase price of the product.
  In case of replacement or refund, the returned defective product becomes the property of Tech10. Any repaired or replaced product will continue to be covered by the warranty for the remainder of the original warranty period or 90 days from the date of repair/replacement, whichever is longer.
• Limitations: Except for the express 2-year warranty stated here, Tech10 disclaims all other warranties or conditions to the extent permitted by law, whether express or implied, including any implied warranties of merchantability or fitness for a particular purpose. (Some jurisdictions do not allow disclaimers of implied warranties, so certain implied warranties may apply to you. In such cases, and to the extent permitted, the duration of any implied warranty is limited to the two-year warranty period described above.)
• No Service Guarantee on Discontinuation: If the PlantCam product line is discontinued or if Tech10 UG ceases operations, we will endeavor to honor valid warranty claims to the extent possible, but we cannot guarantee that repair or replacement parts will be available. In the unfortunate event that Tech10 is dissolved or unable to continue support, this warranty may not be fulfilled. This clause does not affect any claims you may have under statutory law against the seller at the time of your purchase.
• Statutory Rights: The rights and remedies provided under this warranty are in addition to, and do not exclude or limit, any rights you have under applicable law. In particular, for consumers in the European Union, Tech10 UG remains liable for any lack of conformity of the product that exists at the time of delivery and becomes apparent within two years of delivery, in accordance with Sections 437 ff. of the German Civil Code (Bürgerliches Gesetzbuch - BGB) and applicable EU consumer laws. This warranty does not affect those legal rights, but rather runs concurrently with them.

7. Use of the Service and Community Features

Proper Use

By using the PlantCam device and app, you agree to use the product only for its intended purpose (monitoring and recording imagery of plants or similar personal/domestic use). You must comply with all applicable laws when using the device and Service. In particular, if you use PlantCam to take photographs or videos, you are responsible for ensuring that you do not violate privacy or other rights of third parties (for example, do not use the camera in a way that invades someone’s privacy or breaks local surveillance laws).

User Content (Community Feature)

PlantCam may include community features that allow users to upload, post, or share content such as plant photos or time-lapse videos ("User Content"). By posting or publicly sharing any User Content through our Service (for example, on a community forum or gallery within the app), you affirm that:

• You are the creator or owner of the content, or have all necessary rights and permissions to share it.
• The content is not illegal, obscene, threatening, defamatory, or infringing on the rights of others, and does not violate any applicable laws or these Terms.
• The content is related to the intended use of the Service (e.g., plant growth videos) and is appropriate for a general audience.

License Grant to Tech10

By uploading or posting User Content on any public or community feature of the PlantCam Service, you grant Tech10 UG a worldwide, royalty-free, non-exclusive, sublicensable and transferable license to use, reproduce, distribute, adapt, modify, publicly display, and publicly perform that content in connection with the provision, promotion, and marketing of the PlantCam products and services. This means, for example, that we may feature your publicly shared plant videos on our website, social media, or other promotional materials. You agree that this license is granted without any compensation or remuneration to you, and that Tech10 may exercise these rights for as long as your content is available on our Service (and to a reasonable extent thereafter, for example if your content has been shared in a promotional video). If you do not wish to grant these rights, please do not share your content publicly on our platform.

Community Guidelines and Moderation

We reserve the right (but not the obligation) to monitor user postings and to remove or disable access to any User Content that we deem, in our sole discretion, to violate these Terms or to be otherwise objectionable. We may also suspend or terminate your account for serious or repeated violations. However, the user who posted the content is solely responsible for it. Tech10 does not endorse any User Content, and we are not liable for content posted by users.

Competitions and Rewards

From time to time, Tech10 may host community competitions, challenges, or giveaways (for example, a contest for the best plant time-lapse video). Participation in such events is voluntary and may be subject to additional rules which will be provided at the time of the event. We reserve the right to determine winners at our sole discretion based on criteria we establish. Prizes may include items such as free premium subscriptions to future PlantCam services or other rewards. These competitions are promotional in nature; we are not obligated to run any specific number of competitions or to offer any particular prize unless explicitly promised in the competition rules. Winning a prize (like a premium subscription) does not confer any rights beyond those outlined in the competition terms or the subscription terms. Any prizes are non-transferable and not redeemable for cash, except as required by law.

Future Subscription Features

While the PlantCam is currently a one-time purchase product, we plan to introduce subscription-based features or premium services in the future (for example, cloud storage, advanced analytics, or extended community features). If you choose to subscribe to any future premium services, such subscriptions will be governed by these Terms as well as any additional terms we communicate at the time (such as pricing, billing cycles, and cancellation terms). We will not charge you for any subscription service unless you actively sign up for it. Promotional trials or introductory offers for new subscription features (such as a free trial period or discount) will be subject to the specific terms of that offer. We reserve the right to change or discontinue any subscription offerings, but no changes will affect you mid-subscription without your consent (except where required by law or to protect the security and legality of our services).

8. Privacy and Data Protection

Tech10 UG is committed to protecting your privacy. We collect and process personal data in accordance with the EU General Data Protection Regulation (GDPR) and other applicable data protection laws. Any personal information you provide to us (such as your name, address, email, payment information, or photos/videos you upload) will be used solely for legitimate purposes, such as processing your orders, delivering the Service, improving our products, and communicating with you.

We maintain a detailed Privacy Policy that describes what data we collect, how we use and protect it, and your rights regarding your personal data. By using the PlantCam Service or purchasing our products, you acknowledge that you have read and understood our Privacy Policy. Key points include:

• We will not share your personal data with third parties for their marketing purposes without your explicit consent. We only share data with service providers who assist us in operating our business (for example, payment processors, shipping companies, or cloud service providers) and only to the extent necessary for them to perform their services.
• We implement appropriate technical and organizational measures to safeguard your data against unauthorized access, alteration, or loss.
• You have rights to access, correct, delete, or restrict the processing of your personal data, as well as the right to data portability and to withdraw any consent given, subject to certain conditions. You also have the right to lodge a complaint with a supervisory data protection authority if you believe your rights have been violated.
• Community Content and Privacy: If you participate in the PlantCam community features (e.g., uploading videos or images), be aware that any information you share publicly can be seen by other users. While we may moderate content (as noted above in Section 7) to enforce our guidelines, we are not responsible for how other users may use information you make public. Please avoid sharing personal information in content that you post publicly.
• We may send you service-related or transactional communications (for example, account notifications, order confirmations, shipping updates). We may also send marketing communications about new features or products if you have opted in to receive them. You can opt out of marketing emails at any time by using the unsubscribe link in those emails.

If you have questions about how we handle personal data, you can contact us at [email protected]. For full details, please refer to our Privacy Policy (available on our website and in our app).

9. Intellectual Property

Ownership of the Service

All content and materials available on the PlantCam website, app, and device, including but not limited to text, graphics, logos, button icons, images, audio clips, video clips, software (including firmware and app software), and the compilation and arrangement thereof, are the property of Tech10 UG or its licensors and are protected by intellectual property laws (such as copyright, trademark, and patent laws). "PlantCam" and the PlantCam logo are trademarks or registered trademarks of Tech10 UG. All rights not expressly granted to you in this Agreement are reserved by Tech10 and its licensors.

License to Use

Tech10 grants you a personal, non-exclusive, non-transferable, revocable license to use the PlantCam device and accompanying software/app for its intended purposes and in accordance with this Agreement. This license is provided solely for your own lawful, personal use of the product and Service. You may not copy, modify, distribute, sell, or lease any part of our software or Service, nor may you reverse engineer or attempt to extract the source code of any software, except to the extent such acts are expressly permitted by law notwithstanding this limitation (for example, as allowed by certain open-source licenses or for interoperability as per EU law).

Third-Party Software

Some components of the software or firmware in the PlantCam device or app may be provided under open-source or third-party licenses. In such cases, those licenses apply to the respective components and may grant you additional rights to use those components. We will include any required notices or license terms for such third-party software in the product documentation or within the app.

User Content Ownership

You retain all rights to the User Content you create and post. Tech10 does not claim ownership of your original images or videos. Our rights to User Content are limited to the license you grant us above (in Section 7) for the purposes of operating and promoting the Service. If you delete content you have posted, we will cease public display of it; however, you acknowledge that we may retain copies for backup or legal purposes, and that content already used in promotional materials may continue to appear.

10. Limitation of Liability

To the fullest extent permitted by applicable law, Tech10 UG (including its officers, directors, employees, and agents) shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of data, loss of content, loss of profits, or loss of revenue, arising out of or in connection with your use of the PlantCam product or Service, or your inability to use them, or these Terms. Tech10 is also not liable for any damages arising from your failure to comply with the instructions for using the product (including secure mounting of the device) or from any unauthorized modifications or misuse of the product. You are solely responsible for the manner in which you use the product and Service.

Foreseeable Damages & Essential Obligations

In jurisdictions that do not allow the full exclusion of certain damages, and to the extent that Tech10 may be found liable, our liability shall be limited to the typical and foreseeable damages at the time of entering into the contract, and only for breaches of essential contractual obligations. An essential contractual obligation (also known as a cardinal duty) is an obligation whose fulfillment is indispensable for achieving the purpose of the contract and which you generally expect, and are entitled to expect, us to fulfill. In such cases, our liability is capped at the amount you paid for the product or Service in question.

No Limitation for Certain Losses

Nothing in these Terms shall limit or exclude Tech10 UG’s liability for:

• Death or personal injury caused by our negligence or willful misconduct.
• Damages caused by our gross negligence or intentional misconduct.
• Fraud or fraudulent misrepresentation.
• Any other liability that cannot be limited or excluded under applicable law (such as liability under the German Product Liability Act (Produkthaftungsgesetz) or mandatory liability under product safety laws).

Except as explicitly provided above, you agree that, to the extent permitted by law, any claim or cause of action arising out of or related to your use of the PlantCam or Service must be brought within two (2) years after the event giving rise to the claim, or be forever barred (this does not apply to claims for personal injury or other liabilities that cannot be barred by contract).

11. Compliance, Export, and Use Restrictions

Legal Compliance

You agree to use the PlantCam product and Service in compliance with all applicable laws and regulations. Because our company is based in Germany, our products are subject to European Union and German export controls and trade sanctions.

Export and Sanctions

By ordering a PlantCam or using the Service, you represent and warrant that:

• You are not located in, under the control of, or a citizen/resident of any country or region that is subject to a comprehensive trade embargo or sanction by Germany, the European Union, or the United States (including, for example, North Korea, Iran, Syria, or regions with active armed conflict).
• You are not on any official sanctions list (such as the U.S. Treasury Department’s list of Specially Designated Nationals, the EU’s consolidated sanctions list, or similar lists).
• You will not export or re-export our product to any such prohibited country or to any person or entity on a sanctions list.

We reserve the right to refuse or cancel any order if we have reason to believe that fulfilling the order would violate applicable export or sanctions laws. It is your responsibility to ensure that the import, possession, and use of the PlantCam is legal in your local jurisdiction. If any law or regulation prohibits you from using the device or Service, you must refrain from using it.

Restricted Uses

The PlantCam is intended for lawful use (generally, personal home and garden monitoring). You must not use the PlantCam for any unlawful or harmful purposes. This includes, but is not limited to, using the camera to violate someone’s privacy rights, to harass or stalk individuals, or in connection with any illegal activity. Tech10 UG is not responsible for any misuse of the product by users. If you are uncertain whether a particular use of the PlantCam is permitted, please consult your local laws or seek legal advice.

12. Governing Law and Dispute Resolution

Governing Law

This Agreement, including all documents incorporated by reference, and any dispute or claim arising out of or in connection with it or its subject matter, shall be governed by and construed in accordance with the laws of Germany, without giving effect to any conflict of laws principles. If you are a consumer and not a business, this choice of law shall not deprive you of any mandatory consumer protections under the law of your country of habitual residence (if such protections apply by statute).

Jurisdiction

In the event of any dispute or claim between you and Tech10 UG arising out of or relating to the Agreement or your use of the product/Service, we encourage you to contact us first at [email protected] to seek an amicable resolution. If we cannot resolve the dispute informally, and unless otherwise required by law, the following provisions will apply:

• If you are a business customer or are using PlantCam for commercial purposes, the exclusive place of jurisdiction for all disputes arising from or in connection with this Agreement shall be the courts of Stuttgart, Germany.
• If you are a consumer, you may bring legal proceedings in the courts of Germany or in the courts of your country of residence. Additionally, as a consumer in the EU, you have the right to use an alternative dispute resolution mechanism or platform. For example, the European Commission provides an Online Dispute Resolution (ODR) platform at http://ec.europa.eu/consumers/odr. Tech10 UG is not obliged to participate in formal alternative dispute resolution, but we will review any request and notify you if we agree to engage in such a process. (Our preferred approach is direct communication with you to resolve the issue.)

No Class Actions

To the extent permitted by law, you and Tech10 UG agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class or representative action. This means you may not combine your claim with others or seek to resolve any dispute with us as part of a collective or representative proceeding.

UN Convention Exclusion

The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply to this Agreement or any transactions between you and Tech10 UG.

13. Changes to Terms

Tech10 UG reserves the right to modify or update these Terms from time to time to reflect changes in our services, legal requirements, or for other valid reasons. When we make changes, we will update the "Last Updated" date at the top of the Terms. If the changes are significant or materially affect your rights, we will provide a more prominent notice (such as a notice on our website, an email notification, or a notification within the app). Your continued use of the Service or purchases of products after the updated Terms have been posted (and, if applicable, notified to you) constitutes your acceptance of the changes. If you do not agree to the revised Terms, you should stop using the Service and may exercise any applicable rights (for example, the right to terminate an account or return a product if within an allowed return period).

14. Miscellaneous

Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a competent authority, that provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable. If such modification is not possible, the provision shall be deemed severed from these Terms, and the remaining provisions shall remain in full force and effect.

No Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of rights must be in writing and signed by an authorized representative of Tech10 UG. A waiver of any breach or default by you shall not constitute a waiver of any subsequent breach or default.

Entire Agreement

This Agreement (including the policies and documents incorporated by reference) constitutes the entire agreement between you and Tech10 UG regarding the PlantCam product and Service and supersedes any prior agreements or understandings, whether written or oral, relating to the same subject matter. No oral statements or representations shall modify or supplement this Agreement unless explicitly agreed in writing.

Contact Information

If you have any questions, concerns, or feedback about these Terms or the PlantCam Service, please contact us at [email protected]. Our mailing address is Tech10 UG (haftungsbeschränkt), Mailänder Platz 11, 70173 Stuttgart, Germany. We value communication with our users and will do our best to address your inquiry promptly.