Terms of Service

Who May Use the Services

You must be at least 13 years old (or at least 16 where local law requires) to create an account. If you are under 18, you may use the Services only with the involvement and consent of a parent or guardian. By using the Services, you represent that you meet these requirements.

Your Account

• Provide accurate information when creating your account and keep it up to date.
• Keep your password and sign-in credentials confidential. You are responsible for activity on your account.
• Tell us promptly at the email address in the Contact section below if you suspect unauthorized use of your account.
• Guest access (using the app without an account) is provided as-is for viewing plants shared with you; creating an account preserves your data across devices.

Purchases, Shipping, and Returns

Sensor purchases are one-time payments in U.S. dollars, processed by Shopify on its secure checkout pages. Prices, features, and availability are as shown on our website at the time of purchase and may change for future orders.

Shipping. We offer free shipping. Delivery estimates (typically 3–5 business days after processing) are estimates, not guarantees.

30-day money-back guarantee. If you are not satisfied, contact us within 30 days of delivery at support@dr-evergreen.com for a full refund. We may ask you to return the hardware; refunds are issued to the original payment method once the return is confirmed.

One-year limited warranty. For one year from delivery, we will repair or replace sensors that fail due to defects in materials or workmanship. The warranty does not cover damage from misuse, modification, improper installation, or ordinary wear. To make a warranty claim, contact support@dr-evergreen.com with your order number. This warranty gives you specific legal rights; you may have other rights that vary by jurisdiction, and nothing here limits any non-waivable statutory warranty rights.

The Device and Connectivity

The sensor requires a compatible 2.4 GHz Wi‑Fi network and the EverGreen app. Some features depend on third-party infrastructure (cloud messaging, push notification delivery, app stores) that we do not control; temporary interruptions can occur. We may provide firmware and app updates that add, change, or remove features, including updates applied to keep the Services secure or functional.

Irrigation Integrations and Automation

The app can optionally connect to third-party watering systems and services (for example Rachio, Rain Bird, or Home Assistant) using credentials you supply, and can send those systems watering commands based on sensor readings or your input.

You use automation features at your own risk. Sensors can read incorrectly, networks can fail, and third-party services can malfunction or change without notice. You are responsible for supervising any connected watering equipment and for configuring safe limits within those systems. To the maximum extent permitted by law, KEMTECH LLC is not liable for damage caused by connected irrigation equipment or third-party automation services, including overwatering, underwatering, flooding, or water damage to property.

Plant-Care Content and AI Recommendations

Care recommendations, watering guidance, plant identification results, and similar content are generated in part by automated and AI systems. They are provided for general informational purposes only and may be incomplete or incorrect. They are not professional horticultural, veterinary, or medical advice. Do not rely on the Services to determine whether a plant is safe for people or animals. We do not guarantee plant health outcomes — plants can decline or die even with accurate monitoring.

Plant Sharing

Sharing a plant generates a single-use invite code (valid for 24 hours) that grants the recipient view access to that plant’s data, as described in our Privacy Policy. Share codes only with people you trust; you can revoke access at any time in the app. You are responsible for what you share.

Acceptable Use

• Do not interfere with, disrupt, or attempt to gain unauthorized access to the Services, other users’ data, or our infrastructure.
• Do not misuse invite codes, probe or overload our systems, or circumvent security or access controls.
• Do not use the Services to violate any law or the rights of others.
• Do not resell, rent, or offer the Services to third parties as a service of your own.
• Do not reverse engineer the Services except where the law permits it notwithstanding this term.

We may suspend or terminate accounts that violate these Terms.

Your Content

You own the content you add to the Services (such as plant names and photos you submit for identification). You grant us a limited, worldwide, non-exclusive license to host, process, and transmit that content solely to operate and improve the Services — for example, sending a photo to our identification partner or showing your plant’s name to someone you share it with. If you send us feedback or suggestions, we may use them without obligation to you.

Our Intellectual Property

The Services — including the app, website, firmware, design, and branding — are owned by KEMTECH LLC or its licensors and are protected by intellectual property laws. We grant you a personal, non-exclusive, non-transferable license to use the app and firmware with your EverGreen hardware for your own non-commercial use. These Terms do not grant you any right to use our trademarks.

Disclaimers

Hardware. Your sensor is covered by the express one-year limited warranty above. Any implied warranties on the hardware — including implied warranties of merchantability and fitness for a particular purpose — are limited in duration to the duration of that written warranty, to the extent permitted by law. Some states do not allow limitations on how long an implied warranty lasts, so this limitation may not apply to you.

Software and services. The app, website, and connected services are provided “as is” and “as available” without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted or error-free, or that data (including sensor readings and alerts) will be accurate or timely. Some jurisdictions do not allow certain warranty exclusions, so parts of this section may not apply to you.

Limitation of Liability

To the maximum extent permitted by law: (a) KEMTECH LLC will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost data, plant loss, or property damage (including water damage) arising from or related to the Services; and (b) our total liability for all claims arising from or related to the Services will not exceed the greater of the amount you paid us in the 12 months before the claim or $50. These limits do not apply to liability that cannot be limited by law, including for gross negligence or willful misconduct.

Indemnification

You will indemnify and hold KEMTECH LLC harmless from claims and expenses (including reasonable attorneys’ fees) arising from your misuse of the Services, your violation of these Terms, or your violation of any law or third-party right.

Termination

You may stop using the Services and request account deletion at any time by contacting support@dr-evergreen.com. We may suspend or terminate your access if you violate these Terms or if we discontinue the Services (in which case we will provide reasonable notice where practicable). Sections that by their nature should survive termination (including ownership, disclaimers, limitation of liability, and indemnification) survive.

Governing Law

These Terms are governed by the laws of the State of California, United States, without regard to conflict-of-law rules. Courts located in California will have exclusive jurisdiction over disputes arising from these Terms, and each party consents to their jurisdiction. Nothing in this section deprives you of mandatory consumer protections in your place of residence.

General

Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and KEMTECH LLC about the Services and supersede prior or contemporaneous communications, including marketing statements. Severability. If any provision of these Terms is found unenforceable, it will be enforced to the maximum extent permitted and the rest of these Terms remain in full effect. No waiver. Our failure to enforce a provision is not a waiver of our right to do so later. Assignment. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control.

Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will update the effective date above and provide notice on our website or through the Services. Your continued use after changes take effect means you accept the updated Terms.

Contact

KEMTECH LLC — EverGreen is a product of KEMTECH LLC.

Questions about these Terms: support@dr-evergreen.com