Terms of Service

1. Agreement to Terms

By accessing or using kinoki ("the Service"), operated by Oda Tecnologia Ltda ("we", "us", or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use the Service.

2. Description of Service

kinoki is a bonsai journal application that allows you to track your trees, log care activities, set reminders, and share your collection through a public profile. The Service is available through web browsers and mobile applications.

3. Eligibility

You must be at least 13 years old to use the Service. By creating an account, you represent that you are at least 13 years of age. If you are under 18, you represent that you have your parent or guardian's consent to use the Service.

4. Your Account

You are responsible for maintaining the security of your account credentials and for all activity that occurs under your account. You must provide accurate information when creating your account and keep it up to date. You may not share your account credentials with others or create multiple accounts.

If you believe your account has been compromised, please contact us immediately.

5. Plans and Pricing

The Service offers a free plan and paid plans. The free plan allows up to 5 trees, and all trees on the free plan are visible on your public profile. Paid plans offer additional features such as unlimited trees, privacy controls, and more. Current plan details and pricing are available on our pricing page.

We reserve the right to modify our plans and pricing at any time. Changes to pricing will not affect your current billing period.

6. Payments and Subscriptions

Paid subscriptions are processed through our payment partner, Paddle. By subscribing to a paid plan, you also agree to Paddle's terms of service.

Subscriptions automatically renew at the end of each billing period (monthly or yearly) unless you cancel before the renewal date. You can cancel your subscription at any time from the Account tab in Settings. After canceling, your paid features remain active until the end of your current billing period, after which your account reverts to the free plan.

Lifetime plans are one-time purchases and do not require renewal. "Lifetime" means for the duration the Service remains available. In the event the Service is permanently discontinued, lifetime plan holders are not entitled to a refund beyond the 14-day purchase window.

If you downgrade from a paid plan to the free plan, your existing trees and data are preserved. You will not be able to add new trees until your collection is at 5 or fewer. Any private trees will become visible on your public profile, as privacy controls are a paid feature.

You may request a full refund within 14 days of any purchase or renewal, no questions asked. Refunds are processed by Paddle.

7. Your Content

You retain full ownership of all content you create on the Service, including tree records, care logs, images, and any other data ("Your Content"). By using the Service, you grant us a limited, non-exclusive license to store, display, and serve Your Content as necessary to operate the Service.

For content that is publicly visible (on your public profile), you grant us a license to display it to other users and visitors of the Service. You may change the visibility of your content at any time, subject to the features available on your plan.

You are solely responsible for Your Content. You must not upload content that is illegal, harmful, or violates the rights of others.

8. Public Profiles

Each user has a public profile. On the free plan, all your trees and their care logs are visible on your public profile. With a paid plan, you can set individual trees as private.

Your public profile displays your username, display name, avatar, bio, and any trees you have not set as private, along with their care logs.

9. Acceptable Use

You agree not to use the Service to:

• Upload or share content that is illegal, harmful, abusive, harassing, defamatory, or obscene
• Impersonate any person or entity
• Interfere with or disrupt the Service or its infrastructure
• Attempt to gain unauthorized access to other users' accounts or data
• Use the Service for any commercial purpose not authorized by us
• Scrape, crawl, or use automated means to access the Service without our permission
• Upload malware, viruses, or other harmful code

We reserve the right to remove content and suspend or terminate accounts that violate these Terms.

10. Reporting Content

If you encounter content or a profile that violates these Terms or our guidelines, you can report it using the report button available on public pages. We will review reports and take appropriate action, which may include removing content or suspending accounts.

11. Intellectual Property

The Service, including its design, code, logo, and brand ("kinoki"), is the property of Oda Tecnologia Ltda and is protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works of the Service without our written permission.

12. Third-Party Services

The Service integrates with third-party services for functionality such as authentication, payments, email delivery, analytics, and infrastructure. Your use of these services is subject to their respective terms and privacy policies. We are not responsible for the practices of third-party services.

13. Mobile App Store Terms

If you access the Service through a mobile application downloaded from the Apple App Store or Google Play Store, you acknowledge that these Terms are between you and Oda Tecnologia Ltda, and not with Apple Inc. or Google LLC.

Apple and Google are not responsible for the Service and have no obligation to provide maintenance or support. To the maximum extent permitted by applicable law, Apple and Google have no warranty obligations with respect to the Service.

14. Service Availability

We may modify, suspend, or discontinue any part of the Service at any time, temporarily or permanently, with or without notice. We will make reasonable efforts to notify you of significant changes that affect your use of the Service.

15. Disclaimers

The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied. We do not guarantee that the Service will be uninterrupted, error-free, or free of harmful components.

We make no warranties regarding the accuracy, reliability, or completeness of any content on the Service, including content uploaded by other users.

16. Limitation of Liability

To the maximum extent permitted by applicable law, Oda Tecnologia Ltda shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the Service. Our total liability for any claim related to the Service shall not exceed the amount you have paid us in the 12 months preceding the claim.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including consumer protection laws.

17. Termination

You may delete your account at any time from the Account tab in Settings or by visiting our account deletion page. Deletion is immediate and permanent. All your data, including trees, logs, reminders, images, and profile information, will be permanently removed.

We may suspend or terminate your account if you violate these Terms, with or without prior notice.

We also reserve the right to suspend or terminate accounts that create risk, legal exposure, or harm to the Service or its users, including through spam, abuse, or automated misuse.

If you have an active paid subscription, it will be automatically canceled upon account deletion. No refund is issued for the remaining billing period.

18. Changes to These Terms

We may update these Terms from time to time. We will notify you of significant changes by posting a notice on the Service or by email. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

19. Governing Law

These Terms are governed by the laws of the Federative Republic of Brazil. Any disputes arising from these Terms or the Service shall be resolved in the courts of Brazil, without prejudice to any rights you may have under consumer protection laws of your jurisdiction.

20. Contact Us

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

Oda Tecnologia Ltda
Email: victor@odatec.dev