Cheerful Plants App End User License Agreement
Updated February 5, 2026
This End User License Agreement (“Agreement”) is between you and Succulents and Sunshine and governs use of this app made available through the Apple App Store and the Google Play Store. By installing the Cheerful Plants App, you agree to be bound by this Agreement and understand that there is no tolerance for objectionable content. If you do not agree with the terms and conditions of this Agreement, you are not entitled to use the Cheerful Plants App.
In order to ensure Succulents and Sunshine provides the best experience possible for everyone, we strongly enforce a no tolerance policy for objectionable content. If you see inappropriate content, please use the “Report as offensive” feature found under each post.
1. Parties. This Agreement is between you and Succulents and Sunshine only, and not Apple, Inc. (“Apple”). Notwithstanding the foregoing, you acknowledge that Apple and its subsidiaries are third party beneficiaries of this Agreement and Apple has the right to enforce this Agreement against you. Succulents and Sunshine, not Apple, is solely responsible for the Cheerful Plants App and its content.
2. Privacy. Succulents and Sunshine may collect and use information about your usage of the Cheerful Plants App, including certain types of information from and about your device. Succulents and Sunshine may use this information, as long as it is in a form that does not personally identify you, to measure the use and performance of the Cheerful Plants App. For more information, please review the Succulents and Sunshine Privacy Policy.
3. Limited License. Succulents and Sunshine grants you a limited, non-exclusive, non-transferable, revocable license to use the Cheerful Plants App for your personal, non-commercial purposes. You may only use the Cheerful Plants App on Apple devices that you own or control and as permitted by the App Store Terms of Service.
4. Age Restrictions. By using the Cheerful Plants App, you represent and warrant that (a) you are the age of majority in your jurisdiction and you agree to be bound by this Agreement; (b) if you are under the age of majority in your jurisdiction, you have obtained verifiable consent from a parent or legal guardian; and (c) your use of the Cheerful Plants App does not violate any applicable law or regulation. Your access to the Cheerful Plants App may be terminated without warning if Succulents and Sunshine believes, in its sole discretion, that you are under the age of majority in your jurisdiction and have not obtained verifiable consent from a parent or legal guardian. If you are a parent or legal guardian and you provide your consent to your child’s use of the Cheerful Plants App, you agree to be bound by this Agreement in respect to your child’s use of the Cheerful Plants App.
5. Objectionable Content Policy. Content may not be submitted to Succulents and Sunshine, who will moderate all content and ultimately decide whether or not to post a submission to the extent such content includes, is in conjunction with, or alongside any, Objectionable Content. Objectionable Content includes, but is not limited to: (i) sexually explicit materials; (ii) obscene, defamatory, libelous, slanderous, violent and/or unlawful content or profanity; (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and (v) gambling, including without limitation, any online casino, sports books, bingo or poker.
6. Warranty. Succulents and Sunshine disclaims all warranties about the Cheerful Plants App to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, Succulents and Sunshine, not Apple, shall be solely responsible for such warranty.
7. Maintenance and Support. Succulents and Sunshine does provide minimal maintenance or support for it but not to the extent that any maintenance or support is required by applicable law, Succulents and Sunshine, not Apple, shall be obligated to furnish any such maintenance or support.
8. Product Claims. Succulents and Sunshine, not Apple, is responsible for addressing any claims by you relating to the Cheerful Plants App or use of it, including, but not limited to: (i) any product liability claim; (ii) any claim that the Cheerful Plants App fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this Agreement shall be deemed an admission that you may have such claims.
9. Third Party Intellectual Property Claims. Succulents and Sunshine shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the Cheerful Plants App. To the extent Succulents and Sunshine is required to provide indemnification by applicable law, Succulents and Sunshine, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the Cheerful Plants App or your use of it infringes any third-party intellectual property right.
10. Google Play Store. If you obtained the Cheerful Plants App through the Google Play Store, you acknowledge that this Agreement is between you and Succulents and Sunshine only, and not Google LLC (“Google”). Notwithstanding the foregoing, you acknowledge that Google and its affiliates are third party beneficiaries of this Agreement and Google has the right to enforce this Agreement against you. All references in Sections 1 through 9 to “Apple,” “Apple, Inc.,” “the Apple App Store,” and “Apple devices” shall apply equally to Google, the Google Play Store, and Android devices, respectively, when the Cheerful Plants App is obtained through the Google Play Store. Succulents and Sunshine, not Google, is solely responsible for the Cheerful Plants App and its content, maintenance and support, product claims, and any third party intellectual property claims arising from the Cheerful Plants App.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE CHEERFUL PLANTS APP AND ALL CONTENT, FEATURES, PLANT INFORMATION, REMINDERS, AND FUNCTIONALITY ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.
SUCCULENTS AND SUNSHINE SPECIFICALLY DISCLAIMS:
- Any warranties regarding plant care outcomes, including but not limited to plant health, growth, survival, flowering, reproduction, or appearance;
- Any warranties that reminders, schedules, notifications, suggestions, or plant care information provided through the App will be accurate, complete, timely, or suitable for any particular plant, species, variety, or growing situation;
- Any warranties of merchantability, fitness for a particular purpose, title, or non-infringement;
- Any warranties that the App will meet your requirements, be uninterrupted, timely, secure, or error-free;
- Any liability for direct, indirect, incidental, special, consequential, or punitive damages arising from:
- Your use of or inability to use the App;
- Any reliance on information, reminders, or suggestions provided through the App;
- The death, damage, disease, or any condition of any plants;
- Any errors, mistakes, or inaccuracies in the App;
- Any interruption or cessation of the App.
PLANT CARE ACKNOWLEDGMENT:
You expressly understand and agree that:
- The App is a convenience tool for tracking and reminders, not professional horticultural advice;
- Plant care is inherently variable and depends on factors beyond the App’s knowledge or control;
- You are solely responsible for the care and outcomes of your plants;
- The App’s reminders and suggestions are general guidance only and may not be appropriate for your specific plants or conditions;
- You should consult qualified professionals for valuable, rare, or commercially important plants.
YOUR USE OF THE APP IS AT YOUR SOLE RISK.