Terms of Service

1. Platform Purpose

SeedShare is a community-driven platform that connects gardeners, growers, and seed enthusiasts to facilitate the free exchange of seeds. Our platform enables users to list seeds they have available, discover seeds they want, and arrange exchanges with other community members. SeedShare acts solely as a facilitator of connections between users and is not a party to any exchange transaction between users. The platform is designed to promote seed sovereignty, preserve heirloom varieties, and support food security through open, non-commercial seed sharing.

2. Eligibility

You must be at least 13 years of age to use the Service. By using the Service, you represent and warrant that you are at least 13 years old and have the legal capacity to enter into these Terms. If you are under 18, you represent that you have your parent or guardian's permission to use the Service.

3. Account Registration

To access most features of the Service, you must create an account. When registering, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your login credentials secure and confidential
• Notify us immediately of any unauthorized access to your account
• Accept responsibility for all activities that occur under your account

We reserve the right to suspend or terminate accounts that contain false or misleading information, or that violate these Terms.

4. User Responsibilities

As a member of the SeedShare community, you agree to:

• Provide honest and accurate listings: All seed listings must accurately describe the variety, quantity, condition, and any other relevant details of the seeds being offered
• Act in good faith: Honor your exchange commitments and communicate promptly with other users
• Practice safe seed handling: Package and ship seeds properly to maintain viability, and follow best practices for seed storage and handling
• Respect other users: Treat all community members with courtesy, provide honest reviews, and resolve disputes amicably
• Comply with applicable laws: Ensure that your use of the Service, including any seed exchanges, complies with all applicable local, state, national, and international laws and regulations
• Respect phytosanitary regulations: Be aware of and comply with plant health regulations, import/export restrictions, and quarantine requirements in your jurisdiction
• Non-commercial use only: Seeds exchanged through SeedShare must be shared freely and not sold for monetary gain

5. Prohibited Activities

The following activities are strictly prohibited on SeedShare:

• Illegal seeds or plant material: Listing, offering, or exchanging seeds or plant material that is illegal to possess, distribute, or cultivate in your jurisdiction or the recipient's jurisdiction
• Controlled substances: Listing seeds of plants classified as controlled substances under applicable law
• Commercial exploitation: Using the platform for commercial seed sales, reselling seeds acquired through the platform for profit, or operating as an unlicensed seed dealer. SeedShare is strictly for free, non-commercial seed sharing
• Monetary transactions: Requesting or offering payment for seeds. All exchanges must be free swaps or gifts
• Fraudulent listings: Posting misleading or false information about seeds, including misidentifying varieties, exaggerating quantities, or misrepresenting seed viability
• Invasive species: Knowingly listing or exchanging seeds of species classified as invasive or noxious weeds in the recipient's region
• Spam and solicitation: Sending unsolicited promotional messages, advertising third-party products or services, or engaging in mass messaging
• Harassment and abuse: Bullying, threatening, harassing, or intimidating other users
• Account manipulation: Creating multiple accounts, impersonating others, or manipulating ratings and reviews
• Platform abuse: Attempting to circumvent security measures, scrape data, reverse-engineer the Service, or use the Service for any unauthorized purpose
• Intellectual property infringement: Listing seeds under trademarked variety names you do not have the right to use, or uploading copyrighted content without authorization

We reserve the right to remove any listing and suspend or terminate any account that violates these prohibitions, at our sole discretion and without prior notice.

6. Subscription Terms

Free and Premium Tiers

SeedShare offers a free tier with core features and premium subscription tiers ("Gardener" and "Seed Keeper") that provide additional functionality such as enhanced seed listings, advanced search filters, and priority matching. Details of each tier's features and pricing are displayed within the app and on our website.

Auto-Renewable Subscriptions

Premium subscriptions are billed as auto-renewable subscriptions through the Apple App Store or Google Play Store, depending on your device. By subscribing, you agree to the following:

• Payment will be charged to your App Store or Google Play account at confirmation of purchase
• Subscriptions automatically renew unless auto-renewal 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 subscription rate for your selected tier
• You can manage your subscription and turn off auto-renewal by going to your account settings in the App Store or Google Play Store after purchase
• Any unused portion of a free trial period, if offered, will be forfeited when you purchase a subscription

Cancellation Policy

You may cancel your subscription at any time through the App Store or Google Play Store. Upon cancellation, your premium features will remain active until the end of your current billing period. After that, your account will revert to the free tier. We do not provide refunds for partial billing periods. Refund requests must be directed to Apple or Google, as applicable, in accordance with their respective refund policies.

Price Changes

We may change subscription pricing from time to time. Any price changes will take effect at the start of the next billing period following the date of the price change. Your continued use of the Service after the price change constitutes your agreement to pay the revised amount. We will provide reasonable advance notice of any price increases.

7. User-Generated Content

Your Content

You retain ownership of all content you submit to the Service, including seed listings, photos, descriptions, reviews, and messages ("User Content"). By submitting User Content, you grant SeedShare a non-exclusive, worldwide, royalty-free, transferable license to use, display, reproduce, modify, and distribute your User Content solely for the purpose of operating and improving the Service. This license ends when you delete your User Content or your account, except where your content has been shared with others and they have not deleted it.

Content Standards

All User Content must comply with the following standards:

• Be accurate and not misleading
• Not contain obscene, offensive, hateful, or discriminatory material
• Not infringe upon the intellectual property rights of others
• Not contain malware, viruses, or other harmful code
• Not promote illegal activities or commercial seed sales
• Be relevant to the purpose of the platform (seed exchange and gardening)

Content Moderation

We reserve the right, but are not obligated, to monitor, review, and remove User Content at our sole discretion. We may remove content that violates these Terms, our community guidelines, or applicable law. Repeated violations may result in account suspension or termination.

8. Intellectual Property

The Service, including its design, logos, trademarks, text, graphics, software, and all other content created by SeedShare (excluding User Content), is the property of Mama Fua Technologies Ltd and is protected by intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our Service or included software, nor may you reverse-engineer or attempt to extract the source code of that software, unless applicable law gives you the right to do so.

9. Disclaimers

Service Provided "As Is"

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

Seed Exchange Disclaimer

SeedShare is a platform that facilitates connections between users for free seed sharing. We do not inspect, verify, guarantee, or endorse any seeds listed on the platform. Seeds are provided "as is" by individual users. We make no representations or warranties regarding seed quality, viability, germination rates, genetic purity, authenticity of variety names, or fitness for any particular growing condition. You acknowledge that seed germination and plant growth depend on numerous factors beyond our control, including but not limited to soil conditions, climate, watering, and handling. You exchange seeds at your own risk.

User Interactions

We are not responsible for the conduct of any user, whether online or offline. You are solely responsible for your interactions with other users. While we provide reputation and review systems to help users make informed decisions, we do not guarantee the identity, reliability, or trustworthiness of any user.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MAMA FUA TECHNOLOGIES LTD AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICE, ANY USER CONTENT, ANY CONDUCT OF OTHER USERS, OR ANY SEED EXCHANGE FACILITATED THROUGH THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE EXCEED THE AMOUNT YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED US DOLLARS ($100), WHICHEVER IS GREATER.

11. Indemnification

You agree to indemnify, defend, and hold harmless Mama Fua Technologies Ltd and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Service; (b) your User Content; (c) any seed exchange you participate in through the Service; (d) your violation of these Terms; or (e) your violation of any rights of another person or entity.

12. Dispute Resolution

Between Users

Disputes between users regarding seed exchanges should first be resolved directly between the parties involved. We encourage users to communicate openly and use the platform's review system to share their experiences. While SeedShare may provide informal mediation at our discretion, we are not obligated to intervene in disputes between users.

Between You and SeedShare

Any dispute arising out of or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiation by contacting us at support@seedshareapp.com. If the dispute cannot be resolved through negotiation within 30 days, either party may pursue resolution through binding arbitration or in the courts of competent jurisdiction, as described in Section 13 (Governing Law) below. You agree to waive any right to participate in a class action lawsuit or class-wide arbitration.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Kenya, without regard to its conflict of laws provisions. Any legal action or proceeding arising out of these Terms shall be brought exclusively in the courts located in Nairobi, Kenya, and you consent to the personal jurisdiction of such courts.

14. Termination

We may terminate or suspend your account and access to the Service at any time, with or without cause, and with or without notice. Upon termination, your right to use the Service will immediately cease. You may also terminate your account at any time by deleting it through the app settings. Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability. If you have an active subscription at the time of termination, cancellation of your subscription must be handled through the App Store or Google Play Store.

15. Changes to These Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last updated" date. For significant changes, we may also provide notice through the app or via email. Your continued use of the Service after changes are posted constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Service.

16. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and SeedShare regarding the Service
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect
• Waiver: Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision
• Assignment: You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign our rights and obligations under these Terms without restriction
• Force Majeure: We shall not be liable for any failure or delay in performing our obligations due to events beyond our reasonable control, including natural disasters, pandemics, war, or government actions

17. Contact Us

If you have any questions about these Terms of Service, please contact us:

We are committed to maintaining a safe and vibrant seed exchange community and will respond to all inquiries within 30 days.