Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Urban Permascapes LLC ("Company," "we," "us," or "our") concerning your access to and use of the Flora API service ("Service"). By accessing or using Flora API, you agree to be bound by these Terms.

If you do not agree to these Terms, you may not access or use the Service.

2. Description of Service

Flora API is a RESTful API service providing access to a comprehensive database of plant species information, including taxonomic data, geographic distribution, and ecological characteristics. The Service includes:

• Access to plant species data for 30,000+ species
• Geographic distribution information at state and county levels
• Advanced search and filtering capabilities
• Multiple subscription tiers with varying feature access
• API documentation and support resources

3. Account Registration and Information Collection

3.1 Registration

To access certain features of the Service, you must register for an account by providing:

• A valid email address (required)
• Company name (optional)

3.2 Account Accuracy

You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

3.3 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

4. API Key Security and Responsibility

4.1 API Key Protection

Upon registration, you will receive an API key that grants access to the Service. You are solely responsible for:

• Keeping your API key secure and confidential
• All activities and requests made using your API key
• Any unauthorized use of your API key

4.2 Unauthorized Use

You must immediately notify us at info@floraapi.com if you become aware of any unauthorized use of your API key or any other breach of security.

4.3 Liability

You are liable for any and all activities conducted through your API key, whether or not you authorized such activities.

5. Acceptable Use Policy

5.1 Permitted Use

You may use the Service only for lawful purposes and in accordance with these Terms. You agree to use the Service in compliance with all applicable laws and regulations.

5.2 Prohibited Activities

You agree NOT to:

Data Extraction and Redistribution:

• Scrape, harvest, or systematically download data from the Service except through the designated bulk export endpoint
• Resell, redistribute, or sublicense data obtained from the Service
• Create a competing database or service using data from Flora API
• Circumvent rate limits or other technical restrictions

Security and Abuse:

• Attempt to gain unauthorized access to the Service or related systems
• Interfere with or disrupt the Service or servers
• Use the Service to transmit viruses, malware, or other malicious code
• Probe, scan, or test the vulnerability of the Service

Misrepresentation:

• Share or transfer your API key to third parties
• Impersonate another user or entity
• Misrepresent your affiliation with any person or entity

5.3 Bulk Export Limitations

Use of the bulk export endpoint is subject to the following restrictions:

• Maximum 100 species per export request
• 10 exports per hour per API key
• Exports count as 10 requests toward monthly quota
• Exported data is subject to the same restrictions on resale and redistribution

6. Data Accuracy and Disclaimer

6.1 Data Sources

The plant species data provided through Flora API is compiled from third-party sources, including but not limited to the USDA PLANTS Database, Biota of North America Program (BONAP), and the Lady Bird Johnson Wildflower Center.

6.2 No Warranty of Accuracy

While we strive to provide accurate and up-to-date information, Urban Permascapes LLC makes no representations or warranties regarding the accuracy, completeness, or reliability of any data provided through the Service.

6.3 Not Professional Advice

The Service is provided for informational purposes only and does not constitute professional botanical, ecological, horticultural, or scientific advice. You should not rely on the Service as a substitute for professional consultation.

6.4 Use at Your Own Risk

You acknowledge that you use the data from Flora API at your own risk and that Urban Permascapes LLC shall not be held liable for any decisions made based on the data provided.

7. Subscription Plans and Payment Terms

7.1 Subscription Tiers

Flora API offers multiple subscription tiers:

• Free Tier: Limited access with basic features
• Developer Tier: $29/month with enhanced features
• Professional Tier: $99/month with premium features
• Enterprise Tier: Custom pricing with dedicated support

7.2 Payment Processing

All payments are processed securely through Stripe, a third-party payment processor. By providing payment information, you authorize us to charge the applicable subscription fees to your payment method.

7.3 Billing Cycle

Subscription fees are billed on a monthly recurring basis on the date you first subscribed. Your subscription will automatically renew each month unless you cancel.

7.4 Fee Changes

We reserve the right to change our subscription fees at any time. Any fee changes will be communicated to you at least 30 days in advance and will take effect at the start of your next billing cycle.

7.5 Taxes

You are responsible for any applicable taxes, duties, or government charges related to your use of the Service.

8. Refund Policy

8.1 Satisfaction Guarantee

We want you to be satisfied with Flora API. If you are not satisfied with your subscription, you may request a refund by contacting us at info@floraapi.com.

8.2 Refund Processing

Refund requests will be evaluated on a case-by-case basis. Approved refunds will be processed within 10 business days and will be issued to the original payment method.

8.3 Service Termination

Upon refund, your access to paid features will be terminated, and your account will be downgraded to the Free tier.

9. Intellectual Property Rights

9.1 Service Content

The Service, including its design, functionality, and documentation, is owned by Urban Permascapes LLC and is protected by copyright, trademark, and other intellectual property laws.

9.2 Data Sources

The underlying plant species data is compiled from publicly available sources. Urban Permascapes LLC does not claim ownership of the original source data.

9.3 License Grant

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business or personal purposes.

9.4 No Attribution Required

You are not required to provide attribution to Flora API when using data in your applications, as we are not the original creator of the source data.

10. Third-Party Services

10.1 Third-Party Providers

Flora API relies on third-party services for certain functionality:

• Stripe: Payment processing
• Resend: Email delivery
• Supabase: Database hosting

10.2 Third-Party Terms

Your use of the Service may be subject to the terms and conditions of these third-party providers. We are not responsible for the actions or policies of third-party services.

10.3 Data Processing

By using the Service, you acknowledge that your payment information will be processed by Stripe, your email address will be processed by Resend, and your account data will be stored in Supabase's infrastructure.

11. Limitation of Liability

11.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

11.2 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, URBAN PERMASCAPES LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM:

• Your use or inability to use the Service
• Any unauthorized access to or use of our servers or any personal information stored therein
• Any bugs, viruses, or other harmful code transmitted through the Service
• Any errors or omissions in the data provided
• Any decisions made based on data from the Service

11.3 Maximum Liability

IN NO EVENT SHALL URBAN PERMASCAPES LLC'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

11.4 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for incidental or consequential damages. In such jurisdictions, our liability will be limited to the greatest extent permitted by law.

12. Rate Limits and Service Availability

12.1 Rate Limits

Each subscription tier is subject to rate limits as specified in your plan. Exceeding these limits may result in temporary suspension of service or additional charges.

12.2 Service Availability

While we strive to maintain high availability, we do not guarantee uninterrupted access to the Service. We reserve the right to modify, suspend, or discontinue the Service at any time with or without notice.

12.3 Maintenance

We may perform scheduled maintenance that temporarily interrupts service access. We will make reasonable efforts to notify you of planned maintenance in advance.

13. Termination

13.1 Termination by You

You may terminate your account at any time by contacting us at info@floraapi.com or by canceling your subscription through the Stripe customer portal.

13.2 Termination by Us

We reserve the right to suspend or terminate your account and access to the Service at our sole discretion, without notice, for conduct that we believe:

• Violates these Terms
• Is harmful to other users, third parties, or our business interests
• Subjects us to legal liability
• Violates applicable laws or regulations

13.3 Effect of Termination

Upon termination:

• Your right to access and use the Service will immediately cease
• Any outstanding fees owed will become immediately due and payable
• We may delete your account data after a reasonable period
• Sections of these Terms that by their nature should survive termination will survive

14. Changes to Terms

14.1 Modifications

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms on our website
• Sending an email to the address associated with your account
• Displaying a notice in the Service

14.2 Acceptance of Changes

Your continued use of the Service after the effective date of modified Terms constitutes your acceptance of the changes. If you do not agree to the modified Terms, you must stop using the Service.

15. Governing Law and Dispute Resolution

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Ohio, United States, without regard to its conflict of law provisions.

15.2 Jurisdiction

You agree that any dispute arising from these Terms or your use of the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in Cuyahoga County, Ohio.

15.3 Informal Resolution

Before filing a formal legal claim, you agree to contact us at info@floraapi.com to attempt to resolve the dispute informally.

16. Miscellaneous

16.1 Entire Agreement

These Terms constitute the entire agreement between you and Urban Permascapes LLC regarding the Service and supersede all prior agreements and understandings.

16.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

16.3 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

16.4 Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign these Terms without restriction.

16.5 No Agency

Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and Urban Permascapes LLC.

17. Contact Information

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

Urban Permascapes LLC
Email: info@floraapi.com
Website: https://floraapi.com