Please read these Terms of Service ("Terms") carefully before using the Mali application ("App", "Service"), operated by Mali ("we," "our," or "us"). By downloading, installing, accessing, or using the App, you agree to be bound by these Terms. If you do not agree, do not use the Service.
1. Description of Service
Mali is a gardening application that provides:
- Virtual garden design and management tools using an isometric grid
- Plant care tracking with growth stages, watering schedules, and harvest logging
- AI-powered gardening assistance through "Sidney the Snail," including text-based chat and voice conversations
- AI-powered plant identification from photos
- Environmental zoning tools for sunlight, soil, and moisture planning
- Companion planting recommendations
- Weather integration and USDA hardiness zone detection
- Gamification elements including quests, achievements, experience points, and leveling
- Journal and plant observation tracking with photo support
2. Eligibility
You must be at least 13 years old to create an account and use the Service. If you are between 13 and 18 years old (or the age of majority in your jurisdiction), you may only use the Service with the consent of a parent or legal guardian who agrees to be bound by these Terms on your behalf. We do not knowingly collect personal information from children under 13. If we learn that we have collected information from a child under 13, we will promptly delete it.
3. User Accounts
3.1 Account Creation
To use certain features, you must create an account. You may register using a supported third-party authentication provider (Google Sign-In, Sign in with Apple). You agree to:
- Provide accurate, current, and complete information during registration
- Maintain and update your information to keep it accurate
- Maintain the security of your account and linked authentication providers
- Not share your account with others or allow others to access your account
- Maintain only one account per person
3.2 Account Responsibility
You are solely responsible for all activities that occur under your account, whether or not authorized by you. You must notify us immediately at support@keedastudios.com if you suspect any unauthorized use of your account. We are not liable for any loss or damage arising from unauthorized use of your account.
4. Subscriptions and Payments
4.1 Free and Paid Tiers
Mali offers a free tier with limited features and a paid subscription (Mali+) that provides enhanced functionality including increased AI usage limits, additional plant identification scans, expanded voice conversation sessions, and other premium features. Details of current subscription plans and pricing are available within the App.
4.2 Billing and Renewal
- Subscriptions are billed on a recurring basis (monthly or annually, as selected) through the Apple App Store or Google Play Store
- Payment is charged to your app store account at confirmation of purchase
- Subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current billing period
- Your account will be charged for renewal within 24 hours prior to the end of the current period at the rate of your selected plan
4.3 Cancellation and Refunds
- You may cancel your subscription at any time through your Apple App Store or Google Play Store account settings
- Cancellation takes effect at the end of the current billing period; you will retain access to paid features until then
- We do not provide refunds for partial subscription periods unless required by applicable law
- Refund requests for app store purchases are handled by Apple or Google in accordance with their respective refund policies
4.4 Price Changes
We reserve the right to change subscription prices. We will provide reasonable advance notice of price changes. Your continued subscription after a price change constitutes acceptance of the new price.
4.5 Free Trial
We may offer free trial periods for paid subscriptions. If you do not cancel before the trial ends, you will be automatically charged for the subscription at the applicable rate.
5. User Content
5.1 Your Content
You retain ownership of all content you create or upload through the Service, including but not limited to:
- Garden designs and layouts
- Photos and images (including plant identification photos)
- Chat messages and conversations
- Journal entries and plant observation notes
- Profile information and bio
5.2 License Grant to Mali
By creating or uploading content through the Service, you grant Mali a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, display, and distribute your content solely for the purposes of:
- Operating, providing, and improving the Service
- Displaying your content within the Service as directed by your privacy and sharing settings
- Storing and creating backup copies of your content
- Modifying content for technical purposes (e.g., format conversion, compression, rendering)
This license terminates when you delete your content or your account, except where retention is necessary for legal compliance.
5.3 Content Standards
You agree not to create, upload, or share content that:
- Violates any applicable law, regulation, or third-party right
- Infringes on any intellectual property, privacy, or publicity rights
- Contains viruses, malware, or other harmful code
- Is false, misleading, fraudulent, or deceptive
- Is defamatory, obscene, pornographic, vulgar, or offensive
- Promotes discrimination, hatred, or violence against any individual or group
- Is harassing, threatening, intimidating, or bullying
- Impersonates any person or entity or misrepresents your affiliation
- Contains unsolicited advertising, spam, or promotional material
5.4 Content Moderation
We reserve the right, but have no obligation, to monitor, review, or remove any user content at our sole discretion, including content that we believe violates these Terms or is otherwise objectionable.
6. AI Features and Services
6.1 Sidney the Snail AI Assistant
Mali includes an AI-powered gardening assistant ("Sidney") that provides text and voice-based gardening advice and recommendations. You understand and agree that:
- AI responses are generated by third-party AI models (Google Gemini) and may not always be accurate, complete, or suitable for your specific situation
- AI-generated gardening advice is for informational purposes only and does not constitute professional horticultural, agricultural, or botanical advice
- You should independently verify AI recommendations, especially regarding plant toxicity, edibility, or use of chemicals and pesticides
- Your conversations with Sidney (text and voice) are processed by third-party AI services and may be used to generate responses
- Voice conversations with Sidney are processed in real-time; audio data is transmitted to Google's servers for processing and is not permanently stored by Mali after the session ends
6.2 AI Plant Identification
The App offers AI-powered plant identification from photos. You understand that:
- Plant identification results are not guaranteed to be accurate and should not be relied upon for determining plant safety, edibility, or toxicity
- Photos submitted for plant identification are uploaded to our servers for processing and may be retained temporarily
- You should never consume, touch, or otherwise interact with an unknown plant based solely on an AI identification
6.3 Usage Limits
AI features are subject to daily and monthly usage limits that vary by subscription tier. These limits include but are not limited to: AI chat prompts, voice conversation sessions, and plant identification scans. Current limits are displayed within the App and may be adjusted at our discretion.
7. Prohibited Uses
You agree not to:
- Use the Service for any illegal or unauthorized purpose
- Attempt to gain unauthorized access to any part of the Service, other users' accounts, or any systems or networks connected to the Service
- Interfere with or disrupt the Service, servers, or networks
- Scrape, harvest, or collect user data or content without authorization
- Use automated systems, bots, scripts, or crawlers to access the Service without our written permission
- Reverse engineer, decompile, or disassemble any part of the Service
- Circumvent, disable, or interfere with security features of the Service
- Impersonate any person or entity or falsely state your affiliation
- Use the AI features to generate content that is harmful, misleading, or in violation of these Terms
- Attempt to circumvent AI usage limits or subscription restrictions
- Use the Service to compete with Mali or to build a similar or competing product
- Resell, redistribute, or sublicense access to the Service
8. Communications and Sharing
8.1 Support Messages
The Service includes an in-app support chat for contacting our team. Messages you send there are read and retained by Mali staff so we can answer them, and are covered by our Privacy Policy. You agree to use support messaging responsibly and in compliance with these Terms.
8.2 No User-to-User Features
Mali is a single-player gardening app. It does not currently offer public profiles, garden sharing, messaging between users, or trading of gardens or plants between users, and your garden is not visible to other users. If we introduce features of that kind, we will update these Terms and our Privacy Policy before they launch.
9. Virtual Items and Gamification
- Virtual items, experience points, levels, achievements, quests, and other gamification elements within the Service have no real-world monetary value
- Virtual items are licensed to you, not sold, and remain the property of Mali
- Virtual items cannot be transferred, traded for real currency, or redeemed outside the Service except as expressly permitted
- We reserve the right to modify, manage, regulate, control, or remove virtual items at our sole discretion, with or without notice
- We are not liable for any loss of virtual items due to account termination, Service discontinuation, or any other reason
10. Intellectual Property
10.1 Our Property
The Service and all its components — including but not limited to the software, design, graphics, illustrations (including Sidney the Snail character and plant artwork), animations, text, data compilations, user interface, underlying code, and all other original content — are owned by Mali or its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.
10.2 Limited License to You
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on your personal device(s) for your personal, non-commercial use.
10.3 Trademarks
Mali, the Mali logo, Sidney the Snail, and all related names, logos, product and service names, designs, and slogans are trademarks of Mali. You may not use these marks without our prior written permission.
10.4 Feedback
If you provide us with feedback, suggestions, or ideas regarding the Service, you grant us an unrestricted, irrevocable, perpetual, royalty-free license to use such feedback for any purpose without compensation or attribution to you.
11. Privacy
Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and share your personal information. The Privacy Policy is incorporated into these Terms by reference. By using the Service, you consent to the collection and use of your information as described in the Privacy Policy.
12. Third-Party Services
The Service integrates with and relies on third-party services, including:
- Google Services: Authentication, cloud infrastructure (Firebase/Google Cloud Platform), AI services (Google Gemini), analytics
- Apple Services: Sign in with Apple authentication
- RevenueCat: Subscription and in-app purchase management
- Weather Services: Third-party weather data providers for local weather and forecast information
Your use of these third-party services is subject to their respective terms of service and privacy policies. We are not responsible for the practices, content, or availability of third-party services. Links to third-party websites or services do not constitute endorsement.
13. Device Permissions
Certain features of the App require access to device capabilities. By enabling these features, you grant the App permission to access:
- Camera: For taking photos for plant identification and garden documentation
- Photo Library: For selecting existing photos for plant identification and profile pictures
- Location Services: For determining your USDA hardiness zone and providing local weather data
- Microphone: For voice conversations with the Sidney AI assistant
- Notifications: For plant care reminders, social notifications, and service updates
You can manage these permissions at any time through your device settings. Disabling certain permissions may limit the functionality of the App.
14. Disclaimers
14.1 "As Is" Basis
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
14.2 No Guarantee of Availability
We do not warrant that the Service will be uninterrupted, timely, secure, or error-free, or that defects will be corrected. We may modify, suspend, or discontinue any part of the Service at any time without notice.
14.3 Gardening and Plant Information
ALL GARDENING ADVICE, PLANT INFORMATION, PLANT IDENTIFICATION RESULTS, COMPANION PLANTING RECOMMENDATIONS, AND OTHER HORTICULTURAL INFORMATION PROVIDED THROUGH THE SERVICE (WHETHER GENERATED BY AI OR OTHERWISE) IS FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. IT DOES NOT CONSTITUTE PROFESSIONAL ADVICE. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY SUCH INFORMATION. YOU RELY ON SUCH INFORMATION ENTIRELY AT YOUR OWN RISK.
In particular, you should never rely solely on AI plant identification to determine whether a plant is safe to consume, touch, or use medicinally. Misidentification of plants can result in serious illness or death.
14.4 Weather Data
Weather information provided through the Service is sourced from third-party providers and may not be accurate or current. Do not rely on the App as your sole source of weather information for gardening decisions.
15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
- IN NO EVENT SHALL MALI, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES
- OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100)
- WE SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM RELIANCE ON GARDENING ADVICE, PLANT IDENTIFICATION, OR OTHER INFORMATION PROVIDED THROUGH THE SERVICE
Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability shall be limited to the fullest extent permitted by law.
16. Indemnification
You agree to defend, indemnify, and hold harmless Mali, its officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
- Your use of the Service or any activity under your account
- Your content or any content you submit, post, or transmit through the Service
- Your violation of these Terms
- Your violation of any third-party right, including intellectual property, privacy, or proprietary rights
- Any claim that your content caused damage to a third party
17. Termination
17.1 Termination by You
You may delete your account at any time through the App settings or by contacting us at support@keedastudios.com. If you have an active subscription, you must separately cancel it through your app store to avoid future charges.
17.2 Termination by Us
We may suspend or terminate your account and access to the Service at our sole discretion, with or without notice, for any reason, including but not limited to:
- Violation of these Terms or any applicable law
- Conduct that we determine is harmful to other users, us, or third parties
- Extended periods of inactivity
- Request by law enforcement or government agencies
- Discontinuation or material modification of the Service
- Unexpected technical or security issues
17.3 Effect of Termination
Upon termination:
- Your right to access and use the Service ceases immediately
- We may delete your account data, content, and associated information in accordance with our Privacy Policy
- Any outstanding subscription fees remain payable
- All virtual items, achievements, and progress associated with your account will be forfeited
- Sections of these Terms that by their nature should survive termination shall survive, including but not limited to: Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution, and General Provisions
18. Modifications to Terms
We reserve the right to modify these Terms at any time. If we make material changes, we will provide notice through the App, by email, or by other reasonable means at least 30 days before the changes take effect. Your continued use of the Service after the effective date of revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Service and delete your account.
19. Dispute Resolution
19.1 Informal Resolution
Before initiating any formal dispute resolution, you agree to first contact us at support@keedastudios.com and attempt to resolve the dispute informally for at least 30 days.
19.2 Binding Arbitration
If we cannot resolve a dispute informally, you and Mali agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved through binding arbitration administered by a recognized arbitration organization, rather than in court. The arbitration shall be conducted in English. The arbitrator's decision shall be final and binding.
19.3 Class Action Waiver
YOU AND MALI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.
19.4 Exceptions
Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent infringement of intellectual property rights. Additionally, claims that qualify for small claims court may be brought there.
19.5 Opt-Out
You may opt out of the arbitration and class action waiver provisions by sending written notice to support@keedastudios.com within 30 days of first accepting these Terms. Your notice must include your name, account username, email address, and a clear statement that you wish to opt out.
20. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to its conflict of law provisions. To the extent that litigation is permitted under these Terms, you consent to the exclusive jurisdiction of the courts located in Ontario, Canada.
21. General Provisions
21.1 Entire Agreement
These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Mali regarding the Service and supersede all prior agreements and understandings.
21.2 Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.
21.3 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 must be in writing and signed by Mali.
21.4 Assignment
We may assign or transfer these Terms, in whole or in part, without restriction. You may not assign or transfer any rights or obligations under these Terms without our prior written consent.
21.5 Force Majeure
We shall not be liable for any failure or delay in performing our obligations where such failure or delay results from circumstances beyond our reasonable control, including but not limited to natural disasters, war, terrorism, pandemics, government actions, power failures, internet or telecommunications failures, or third-party service outages.
21.6 Notices
We may provide notices to you through the App, by email to the address associated with your account, or by other reasonable means. You may provide notices to us by emailing support@keedastudios.com.
22. Jurisdiction-Specific Provisions
22.1 European Union and European Economic Area Users
If you reside in the EU or EEA, nothing in these Terms affects your statutory consumer rights that cannot be waived or limited by contract. The arbitration and class action waiver provisions in Section 19 do not apply to the extent prohibited by EU law. You may bring proceedings in the courts of your country of residence. See our Privacy Policy for details on your rights under the General Data Protection Regulation (GDPR).
22.2 United Kingdom Users
If you reside in the United Kingdom, nothing in these Terms excludes or limits our liability for fraud, death or personal injury caused by negligence, or any other liability that cannot be excluded under applicable UK law.
22.3 California Users
If you reside in California, you have additional rights under the California Consumer Privacy Act (CCPA). See our Privacy Policy for details. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: the Service is provided by Mali, and can be reached at support@keedastudios.com.
22.4 Canadian Users
If you reside in Canada, these Terms are subject to applicable federal and provincial consumer protection legislation. Nothing in these Terms excludes or limits rights that cannot be excluded or limited under Canadian law.
22.5 Australian Users
If you reside in Australia, nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law that cannot be excluded, restricted, or modified by agreement.
23. Open-Source Software
The App may contain open-source software components subject to their own license terms. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms of any applicable open-source license.
24. Contact Information
If you have any questions, concerns, or feedback regarding these Terms, please contact us:
- Email: support@keedastudios.com
- In-App: Settings > Help & Support
By using Mali, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.