Legal · Watered
Watered end user licence agreement.
This End User Licence Agreement ("Agreement") is between you and NEXTPACE APP, a company registered in Cyprus under number HE475440, with its registered office at Agiou Pavlou 115, Office 3, 2360 - 2373 Agios Dometios, Cyprus ("we", "us", "our"). It governs your use of the Watered mobile application and any updates to it (the "Application").
This Agreement is between you and NEXTPACE APP only, and not with Apple Inc. ("Apple"). NEXTPACE APP, not Apple, is solely responsible for the Application and its content. By downloading or using the Application, you accept this Agreement.
01 Scope of licence
We grant you a non-transferable, non-exclusive, revocable licence to use the Application on any Apple-branded device that you own or control, as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions, and by any additional terms in this Agreement.
This licence is for your personal, non-commercial use. You may not distribute or make the Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Application. You may not copy, reverse-engineer, disassemble, decompile, attempt to derive the source code of, modify, or create derivative works of the Application, any updates, or any part of it, except to the extent that these restrictions are prohibited by applicable law or permitted by the licence terms of any open-source components included in the Application.
If you sell or transfer your device to a third party, you must first remove the Application from it.
02 What the Application does
Watered helps you keep track of your houseplants. It identifies plants from a photo, suggests how often each one needs water, and reminds you when it is time. The Application runs on your device and keeps your plants there. You may sign in with Apple or Google to keep your subscription attached to you rather than to one installation, but an account is optional and the Application works without one.
The free version of the Application allows you to add and identify up to three plants. Adding more requires a subscription, as described in Section 3.
03 Subscription terms
3.1 What is offered
Watered Premium is an auto-renewable subscription purchased through the Application. It provides:
- An unlimited number of plants, rather than the three the free version allows
- Photo identification for every plant you add, subject to fair-use limits on the AI feature
- Watering schedules and reminders for all of them
3.2 Length and price
The subscription period is 1 year. The price is US$19.99 per year in the United States, €22.99 per year in the eurozone, and £19.99 per year in the United Kingdom. Prices in other countries and regions are set by the App Store price matrix for the same price tier. The exact amount in your local currency is shown in the Application before you confirm the purchase.
3.3 Free trial
New subscribers receive a free trial of 3 days. If you do not cancel before the trial ends, the trial converts automatically into a paid subscription and payment will be charged as described below. If you purchase a subscription while a free trial is still running, the unused portion of that trial is forfeited.
3.4 Payment and automatic renewal
Payment is charged to your Apple ID account when you confirm the purchase. The subscription renews automatically and will continue to renew for further periods of 1 year unless auto-renewal is turned off at least 24 hours before the end of the current period. Your account is charged for renewal within the 24 hours before the current period ends, at the price then in effect. We will notify you in advance of any change to the renewal price, and the new price will apply only if you accept it.
3.5 Managing and cancelling
You manage the subscription yourself in your Apple ID account settings; we cannot cancel it for you. To cancel, open Settings on your device, tap your name, then Subscriptions, and turn off auto-renewal for Watered. Do this at least 24 hours before the current period ends, otherwise you will be charged for the next period.
Cancelling stops future renewals. It does not end the period you have already paid for: you keep access until that period runs out, after which the Application returns to the free version and its limit of three plants. Deleting the Application from your device does not cancel the subscription; you must turn off auto-renewal as described above.
3.6 Refunds
We do not process payments and cannot issue refunds. Apple handles all billing, so refunds are requested from Apple and granted under its policies. There is no refund for the unused portion of a period you have already paid for, except where your local consumer law requires one. If you are a consumer in the European Union, your statutory withdrawal rights are unaffected.
3.7 Fair use of the identification feature
A subscription lifts the limit on how many plants you may keep. Plant identification runs on a paid third-party service, and we apply reasonable limits to how often it can be called in order to prevent automated or abusive use. Normal use of the Application will not reach these limits.
04 Plant advice is guidance, not a guarantee
Plant identification and watering schedules are estimates produced by software, and software gets things wrong. A species may be misidentified. A suggested watering interval cannot account for your light, humidity, pot, soil or the season.
Treat what the Application tells you as a starting point and use your own judgement. Do not rely on it to decide whether a plant is safe to touch, eat, or keep around children or animals. If that matters to you, consult a reliable source. We are not responsible for damage to your plants.
05 Your content and privacy
The photos and notes you put into the Application are yours, and we claim no rights over them. They are stored on your device, and if you sign in they are also copied to your account so that a new device can restore them.
If you sign in, your email address and an account identifier are held for us by Firebase Authentication, and your plants and their photos are copied to Cloud Firestore and Firebase Storage, all Google services. The Application also records how it is used through Google Analytics for Firebase; those records are pseudonymous and carry no account identifier, plant name or photograph.
Plant identification works differently: when you request it, that single photo is sent through our server to OpenAI, which processes it and returns the species and its typical watering needs. Our server handles the photo only for the length of the request and never stores it. If you do not use the identification feature, no photo is sent for it.
Please only photograph subjects you have the right to photograph, and do not use the identification feature for any unlawful purpose.
Our handling of data is described in full in our privacy policy at https://nextpace.app/privacy/watered
06 Maintenance and support
NEXTPACE APP, not Apple, is solely responsible for providing maintenance and support for the Application. Apple has no obligation whatsoever to furnish any maintenance or support services in relation to the Application.
For support, contact support@nextpace.app. We aim to respond within 2 working days.
07 Warranty
NEXTPACE APP is solely responsible for any product warranties, whether express or implied by law, to the extent they are not effectively disclaimed.
To the maximum extent permitted by applicable law, the Application is provided "as is" and "as available", without warranty of any kind. We do not warrant that it will be free of errors, uninterrupted, always available, or accurate about every plant.
In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the Application to you, if any. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application. Any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to any warranty are the sole responsibility of NEXTPACE APP.
Nothing in this Agreement limits your statutory rights as a consumer, which are unaffected.
08 Liability
To the extent permitted by law, we are not liable for indirect or consequential losses, or for lost data, damaged or lost plants, or missed reminders.
Nothing in this Agreement limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be limited or excluded by applicable law.
09 Product claims
NEXTPACE APP, not Apple, is responsible for addressing any claims by you or any third party relating to the Application or your possession and use of it, including but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
10 Intellectual property rights
The Application, including its code, design, name, logo and written content, belongs to NEXTPACE APP. You receive only the licence described in Section 1, which transfers no ownership.
In the event of any third-party claim that the Application or your possession and use of it infringes that third party's intellectual property rights, NEXTPACE APP, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of that claim.
11 Legal compliance
You represent and warrant that: (i) you are not located in a country subject to a U.S. Government embargo, or designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You also agree to comply with any applicable third-party terms when using the Application.
12 Termination
You may end this Agreement at any time by deleting the Application from your device. If you hold a subscription, deleting the Application does not cancel it — see Section 3.5.
This licence is effective until terminated by you or by us. Your rights under it end automatically if you fail to comply with any of its terms. On termination you must stop using the Application and delete all copies of it.
We may cease offering the Application, or any feature of it, and will give notice in the Application where reasonably possible. If we withdraw the Application while you have paid for a period that has not yet expired, you may request a refund of the remainder from Apple.
13 Third party beneficiary
Apple and Apple's subsidiaries are third-party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple will have the right — and is deemed to have accepted the right — to enforce this Agreement against you as a third-party beneficiary of it.
14 Changes to this Agreement
If we update this Agreement, we will change the date at the top and publish the current version at https://nextpace.app/terms/watered. Where a change materially affects you, we will notify you in the Application before it takes effect. Continuing to use the Application after that constitutes acceptance of the new version.
15 Governing law
This Agreement is governed by the laws of Cyprus, and the courts of Cyprus have jurisdiction over any dispute, except that this does not deprive you of the protection of the mandatory consumer law of your country of residence, and you may bring proceedings there where that law allows.
16 Contact
NEXTPACE APP, Agiou Pavlou 115, Office 3, 2360 - 2373 Agios Dometios, Cyprus. Registration number HE475440.
Questions about this Agreement: igor@nextpace.app. Support: support@nextpace.app.