Last Updated: December 8, 2025

1. AGREEMENT AND ACCEPTANCE These Terms of Service ("Terms") constitute a binding legal agreement between Treesly, Inc. ("Company," "we," "us") and you ("User," "you") regarding your use of the Gardenly AI mobile application and related services (the "Service"). By creating an account, accessing, or using the Service, you agree to be bound by these Terms. IF YOU DO NOT AGREE, YOU MUST IMMEDIATELY DELETE THE APP.

2. CRITICAL SAFETY WARNINGS – READ IMMEDIATELY THE FOLLOWING SECTION LIMITS OUR LIABILITY FOR DEATH, PERSONAL INJURY, AND PROPERTY DAMAGE.

• 2.1 NOT FOR CONSUMPTION OR FORAGING. THE SERVICE IS STRICTLY FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES. YOU MUST NEVER EAT, TOUCH, OR USE ANY PLANT, FUNGUS, OR BOTANICAL SUBSTANCE BASED SOLELY ON INFORMATION PROVIDED BY THIS APP.

• 2.2 RISK OF MISIDENTIFICATION. ARTIFICIAL INTELLIGENCE COMPUTER VISION IS NOT 100% ACCURATE. THE APP MAY MISIDENTIFY TOXIC PLANTS AS EDIBLE (E.G., CONFUSING POISON HEMLOCK FOR WILD CARROT). RELIANCE ON THE APP FOR FORAGING IS DANGEROUS AND MAY RESULT IN SEVERE ILLNESS, PERMANENT INJURY, OR DEATH.

• 2.3 NO PROFESSIONAL ADVICE. THE SERVICE DOES NOT CONSTITUTE MEDICAL, VETERINARY, OR BOTANICAL ADVICE. IF YOU SUSPECT INGESTION OF A TOXIC PLANT, CONTACT EMERGENCY SERVICES OR POISON CONTROL IMMEDIATELY. DO NOT RELY ON THE APP FOR TOXICITY DIAGNOSIS.

3. AI LIMITATIONS AND "HALLUCINATIONS"

• 3.1 Probabilistic Nature. You acknowledge that the Service utilizes Generative Artificial Intelligence ("AI") and Large Language Models ("LLMs"). You understand that AI is probabilistic, not deterministic, and may generate output that sounds plausible but is factually incorrect ("Hallucinations").

• 3.2 User Verification Required. You agree that you are solely responsible for verifying any care instructions, fertilizer dosages, or pest control advice provided by the AI against authoritative, human-verified sources before taking action. We are not liable for damage to your plants, garden, or property resulting from AI errors.

4. SUBSCRIPTIONS AND BILLING

• 4.1 Auto-Renewal. The "Premium" subscription is billed in advance. Your subscription will automatically renew at the end of the applicable subscription period unless you turn off auto-renew at least 24 hours before the end of the current period.

• 4.2 Billing Method. Payment will be charged to your iTunes Account or Google Play Account at confirmation of purchase. Your account will be charged for renewal within 24 hours prior to the end of the current period at the then-current price.

• 4.3 Cancellation. You may manage your subscription and turn off auto-renewal by going to your Account Settings on your device after purchase. Uninstalling the app does NOT cancel your subscription.

• 4.4 Free Trials. Any unused portion of a free trial period, if offered, will be forfeited when you purchase a subscription.

5. USER CONTENT AND AI TRAINING RIGHTS

• 5.1 Ownership. You retain all rights to the photos, text, and data you upload to the Service ("User Content").

• 5.2 License to Company. By uploading User Content, you grant Treesly, Inc. a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable, perpetual, and irrevocable license to use, copy, modify, distribute, publicly display, and process your User Content to:

  • (a) Provide and maintain the Service;

  • (b) Train, improve, and validate our artificial intelligence models and algorithms; and

  • (c) Develop new products and features.

• 5.3 Waiver. You waive any "moral rights" or rights of privacy/publicity in connection with the use of your User Content for these purposes.

6. INTELLECTUAL PROPERTY All rights, title, and interest in the Service (excluding User Content), including the "Gardenly AI" brand, the underlying code, AI prompt engineering, and UI design, are and will remain the exclusive property of Treesly, Inc.

7. DISCLAIMER OF WARRANTIES THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE AI IDENTIFICATION WILL BE ACCURATE OR THAT THE SERVICE WILL BE ERROR-FREE.

8. LIMITATION OF LIABILITY TO THE FULLEST EXTENT PERMITTED BY LAW, TREESLY, INC. AND ITS OFFICERS, EMPLOYEES, AND PARTNERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR DATA, INCURRED BY YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY FOR ALL CLAIMS EXCEED THE AMOUNT YOU HAVE PAID US IN THE LAST TWELVE (12) MONTHS.

9. DISPUTE RESOLUTION AND CLASS ACTION WAIVER

• 9.1 Arbitration. Any dispute arising under these Terms shall be resolved by binding arbitration in Delaware under the Rules of the American Arbitration Association (AAA).

• 9.2 Class Action Waiver. YOU AND TREESLY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

10. CONTACT Treesly, Inc. info@treesly.tech