Terms of Service

These Terms of Service (“Terms”) govern your use of the Meristem website, progressive web app, and desktop application (together, the “Service”). The Service is operated by Richard Winn, a sole proprietor based in Florida, United States (“Meristem”, “we”, “us”). By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. Eligibility and accounts

The Service is intended for trained plant and landscape professionals and others using it in a professional capacity. You must be at least 18 years old to create an account. You are responsible for the accuracy of your account information, for keeping your credentials secure, and for all activity under your account.

2. The Service is decision support

Meristem provides identification, diagnosis, pruning evaluation, tree-risk assessment, and nursery-grading tools that compute results from published standards to support your professional judgment. The Service does not replace your judgment, an on-site inspection, or any inspection or certification that law requires a licensed person to perform. Your use of the Service is subject to the Accuracy and Liability Disclaimer, which is incorporated into these Terms.

3. Acceptable use

• Do not use the Service unlawfully or in violation of any applicable licensing or regulatory requirement.
• Do not attempt to disrupt, reverse engineer, or gain unauthorized access to the Service or its data.
• Do not upload content you do not have the right to use, or content that infringes the rights of others.
• Do not resell or redistribute the Service without our written permission.

4. Subscriptions, billing, and refunds

• The Service offers a free tier and a paid Pro subscription at $19 per month or $190 per year, plus applicable taxes. Prices may change on prospective notice.
• Paid subscriptions are billed in advance through Stripe and renew automatically each period until cancelled.
• You can cancel at any time through the customer portal. Cancellation stops future renewals and takes effect at the end of the current paid period.
• Except where required by law, payments are non-refundable and we do not provide refunds or credits for partial periods or unused features.

5. Your AI keys and provider costs

Some features let you use your own AI provider key. You are responsible for obtaining that key, for all charges your provider bills you, and for complying with your provider’s terms. We are not responsible for the availability, accuracy, or cost of third-party AI providers.

6. Your content

You retain ownership of the scans, photos, notes, and records you create (“Your Content”). You grant us a limited license to host, process, and display Your Content solely to operate and provide the Service to you. You are responsible for Your Content and for having the rights needed to submit it.

7. Our intellectual property

The Service, including its software, design, encoded reference data, and the Meristem name and logo, is owned by Richard Winn and protected by intellectual property laws. These Terms do not grant you any right to our intellectual property except the limited right to use the Service as permitted here.

8. Disclaimer of warranties

The Service is provided on an as-is and as-available basis without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent permitted by law. We do not warrant that the Service will be uninterrupted, error-free, or that any result will be accurate or complete.

9. Limitation of liability

To the fullest extent permitted by law, Meristem and Richard Winn will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, data, goodwill, or for damages arising from decisions made using the Service. Our total liability for any claim relating to the Service will not exceed the amount you paid us for the Service in the twelve months before the event giving rise to the claim, or one hundred United States dollars, whichever is greater.

10. Indemnification

You agree to indemnify and hold harmless Meristem and Richard Winn from claims, damages, and expenses arising out of your use of the Service, your content, or your violation of these Terms or of applicable law.

11. Termination

You may stop using the Service and close your account at any time. We may suspend or terminate access if you violate these Terms or to protect the Service. Provisions that by their nature should survive termination will survive.

12. Changes to the Service or Terms

We may modify the Service or these Terms. For material changes to the Terms we will update the date above and take reasonable steps to notify you. Continued use after changes take effect means you accept the updated Terms.

13. Governing law

These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-law rules. The state and federal courts located in Florida will have exclusive jurisdiction over any dispute that is not otherwise resolved.

14. Contact

Questions about these Terms can be sent to support@meristem.cc.