Welcome to the plant identification, health diagnosis, and care advice services (hereinafter referred to as "this service") provided by Herbids (website: https://www.herbids.com). These Terms of Service (hereinafter referred to as "these terms") are a legal agreement between you and the operator of this website regarding the use of this service, stipulating your rights and obligations when using this service. Please carefully read these terms before using this service to ensure you understand and agree to all contents. Your use of this service indicates that you have read, understood, and agree to be bound by these terms. If you do not agree with any content of these terms, please do not use this service. If you have any questions about these terms, you can contact us at any time via email [email protected].
Users can upload photos of plants through the plant photos, and this website uses advanced image recognition technology and a huge plant database to intelligently identify plants, quickly and accurately returning the plant's name, family, and other basic information to help users identify various plants around them. For example, when a user sees an unknown flower in a park, takes a photo and uploads it to the Herbids website, the website can quickly identify that the flower is a tulip, belonging to the Liliaceae family and Tulipa genus.
Based on user-provided plant growth state information, such as leaf color, shape, presence of spots, and growth environment data such as soil moisture, light duration, temperature, etc., combined with professional plant physiology knowledge and data analysis models, comprehensive diagnosis of the plant's health status, determining whether the plant has pest invasion, malnutrition, unsuitable environment, and other issues. For example, if a user reports that the indoor green plants have yellow leaves with brown spots and informs that the soil is often too wet, the website analyzes and determines that the green plants may have root rot due to overwatering and are infected with leaf spot disease.
According to the results of plant identification and health diagnosis, provide users with personalized plant care advice tailored to their needs. Includes but not limited to watering frequency, fertilization types and amounts, light requirements, pest and disease prevention methods, pruning techniques, and other guidance to help users better care for plants and promote healthy growth. For example, for the green plants infected with leaf spot and root rot mentioned above, the website will suggest the user stop watering first, move the green plants to a well-ventilated location, remove diseased leaves, spray with fungicide to treat leaf spot, and adjust watering frequency in subsequent care to keep the soil slightly moist.
You must be at least 18 years old or use this service and register with the consent and guidance of a legal guardian. During the registration process, please provide true, accurate, complete, and up-to-date personal information, including but not limited to your name, contact information, email address, etc. If the information you provide is false, misleading, or incomplete, we have the right to suspend or terminate your account use and refuse your use of all or part of this service. For example, if it is found that the email address filled in by the user during registration cannot receive emails normally, and it is verified to be false information, the website will restrict the user's use of some functions until they update to a real and valid email.
You are responsible for properly keeping your account and password, and bear full responsibility for all activities and behaviors conducted using your account. Please use a strong password, preferably a combination of letters, numbers, and special characters, and change it regularly to prevent your account from being stolen by others. If you find that your account is being used without authorization or there is a security vulnerability, you should immediately notify us through the contact information provided on this website. For example, user Xiao Li finds that his account has been logged in from a different location with abnormal operations, and he should contact the website customer service first, change the password, and cooperate with the website for security investigation.
You must not use this service to engage in any illegal or irregular activities, including but not limited to infringing on others' intellectual property rights, privacy rights, reputation rights, and other legitimate rights; spreading false, harmful, illegal, or bad information, such as rumors, obscenity, violence, terrorism, gambling, incitement to crime, etc.; carrying out network attacks, malicious software transmission, data theft, and other behaviors that endanger network security; interfering with the normal operation of this service or destroying the infrastructure of this website, etc. For example, if a user attempts to upload images containing malicious code to attack the website server, once discovered, the website will immediately take measures to freeze the user's account and report to relevant departments.
When you use this service, we will collect information necessary for the realization of service functions, including but not limited to images you upload for plant identification, plant growth status and environmental information you provide for plant health diagnosis, and basic personal information you submit when registering an account. Collection methods include your active upload and filling, as well as our automatic recording of service-related log information during service, such as your access time, IP address, etc. The purpose of collecting this data is to accurately provide you with plant identification, health diagnosis, and care advice services, improve service quality, and use for data analysis and service improvement.
We only use your personal data within the scope stated in these terms and will not use your data for other purposes without your consent. For example, using the collected images and related information for optimization and training of plant identification algorithms to improve identification accuracy; analyzing user needs based on health diagnosis and care advice interaction data to improve our diagnosis models and advice content. We will not sell your personal data to any third party.
Unless we obtain your explicit consent, we will not share your personal data with third parties. In certain specific circumstances, for example, to comply with laws and regulations, execute legal procedures, protect our legitimate rights and interests, or fulfill agreements signed with you, we may disclose your data within the scope permitted by law. If we cooperate with third parties to assist in providing part of the services, such as server hosting, data analysis, etc., we will ensure that third parties comply with strict data protection regulations and can only process your data under our instructions, and cannot use the data for other purposes.
We attach great importance to data security and have taken a series of reasonable technical and management measures to protect your data and prevent data from being accessed, used, modified, or leaked without authorization. These measures include but are not limited to encrypted data storage, access control, regular data backup, and security vulnerability monitoring and repair. For example, we encrypt the images and personal information you upload, and only authorized personnel can access relevant data; we regularly scan servers for security, timely discover and solve potential security problems.
You have the right to access, correct, and delete your personal data, as well as to withdraw your consent to data use. You can exercise these rights by logging into your account and performing relevant operations in account settings, or by contacting our customer service (email: [email protected]). We will process your request within a reasonable time after receiving it and respond to your request.
All content of this website, including but not limited to text, images, charts, audio, video, software code, webpage design, database, algorithm models, and other materials (hereinafter collectively referred to as "website content"), are protected by copyright, trademark, patent, and other intellectual property laws, and the intellectual property rights belong to the operator of this website or its related right holders. Without the written permission of the operator of this website, any unit or individual shall not copy, distribute, display, modify, distribute, sell, or use this website content in other ways without authorization, nor shall they use it for any commercial purpose or other unauthorized purposes. For example, other websites cannot directly copy the articles about plant care knowledge on this website for their own platforms without permission.
The intellectual property rights of content such as images, text descriptions, data, etc., uploaded by users during the use of this service (hereinafter collectively referred to as "user content") belong to users. However, when users upload content, they are deemed to have granted the operator of this website a global, non-exclusive, sublicensable, free license to allow the operator of this website to use, copy, modify, adapt, publish, translate, display, distribute, execute, and otherwise handle user content to achieve the purpose of this service, including but not limited to plant identification, health diagnosis, and generating care advice, as well as improving and optimizing this service. At the same time, users should ensure that the content they upload does not infringe on any third party's intellectual property rights or other legitimate rights. If disputes or legal liability arise due to infringement of third party rights by user-uploaded content, users shall bear full responsibility, and the operator of this website does not bear any responsibility and has the right to suspend or terminate the service to such users according to the actual situation. For example, if a user's uploaded plant image has copyright issues, causing the website to be pursued by third parties, the user shall bear full compensation liability.
You must not attempt to bypass or circumvent the technical protection measures set up by this website in any way to obtain, use, or disseminate the intellectual property content of this website. It is strictly prohibited to carry out reverse engineering, decompilation, disassembly, or other attempts to obtain the website source code or underlying structure on the content of this website. You must not use any robots, spiders, crawlers, data mining tools, or other automatic programs to access, collect, or extract the content of this website, unless prior written permission from the operator of this website is obtained. If users are found to violate the above provisions, the operator of this website has the right to take legal measures to pursue their responsibilities and require them to compensate for all losses caused to the operator of this website. For example, if users are found to be using crawler programs to capture the plant identification data of the website in large quantities, the website will pursue legal liability according to law.
Currently, the basic plant identification, health diagnosis, and care advice services provided by this website are free for users. Users can use these basic functions unlimited times without paying any fees. For example, user Xiao Zhang uses the plant identification function of the website multiple times a day to view information about different plants, all without paying.
In the future, if we launch value-added services or advanced functions, such as more detailed plant growth cycle analysis reports, one-on-one expert consultation services, etc., we will clearly explain the charging standards to users and obtain users' explicit consent before using related paid services. The charging standards will be reasonably set according to factors such as service costs and market conditions to ensure fairness and transparency. For example, one-on-one expert consultation services may charge by consultation duration, 50 yuan for every 30 minutes.
If paid services exist, we will provide users with multiple secure and convenient payment methods, including but not limited to common third-party payment platforms (such as WeChat Pay, Alipay), bank card payment, etc. The payment process will follow the security specifications and operating procedures of relevant payment institutions to ensure the security of users' payment information. For example, when users choose WeChat Pay, they will jump to the WeChat Pay page and complete the payment operation according to WeChat Pay's prompts.
For paid services, if users have paid before using the service but cannot provide services normally due to reasons of this website, or users submit reasonable refund applications within the specified refund period, we will process refunds for users according to the actual situation. Refunds will be returned through the original payment path, and the refund cycle is generally 3-7 working days, and the specific time may vary depending on the processing speed of payment institutions. For example, if a user has paid for an advanced plant growth cycle analysis report, but the website cannot provide the report on time due to technical failure, and the user applies for a refund, the website will return the fee to the account used by the user for payment after confirming the situation. If refund is requested due to the user's own reasons, such as misoperation purchase, change of mind after purchase, etc., before the service starts, we will deduct a certain handling fee (such as 5% of the order amount) before refunding the remaining amount; if the service has started, generally no refund will be given, but we will reasonably evaluate and handle according to specific situations.
If users use value-added services or advanced functions that require payment but fail to pay on time, we will remind users to pay in time through internal messages, emails, or text messages. If users still fail to pay within a reasonable period after receiving the reminder (such as 7 days), we have the right to suspend or terminate the provision of related paid services to users until users pay the outstanding fees. At the same time, for users who are in arrears for a long time and refuse to pay, we reserve the right to pursue default fees through legal channels.
We have the right to change the content, functions, methods, etc., of this service based on factors such as technological development, business adjustment, and changes in laws and regulations. If service changes may have a significant impact on user rights, we will notify users in advance through website announcements, internal messages, emails, etc., informing them of the content, reasons, effective time, etc., of the changes. Users continuing to use this service after the changes take effect is deemed to agree to the changed content. For example, if we plan to upgrade the plant identification algorithm, which may lead to changes in the display of identification results, we will publish an announcement on the website homepage a week in advance, detailing the upgrade time and the changes that may occur after the upgrade to facilitate user understanding.
In the following situations, this service may be interrupted: periodic or non-periodic system maintenance and upgrades, such as server hardware maintenance, software system updates, etc. We will try to announce the time and estimated duration of maintenance and upgrades in advance on the website to facilitate users to arrange their use reasonably; force majeure factors, such as natural disasters, war, government actions, network service provider failures, etc., unforeseeable, unavoidable, and insurmountable objective situations that prevent normal service provision; user's own reasons, such as user's device failure, network connection problems, violations of these terms, etc., leading to inability to use the service normally. For service interruptions caused by our reasons, we will resume the service as soon as possible after the interruption cause is eliminated and provide necessary assistance and explanations to affected users; for service interruptions caused by force majeure or user's own reasons, we do not bear responsibility but will try our best to provide technical support to help users solve problems. For example, if a typhoon causes damage to the lines of network service providers, causing service interruption on the website, we will communicate with the network service provider first after learning of the situation, understand the repair progress, and publish an announcement on the website to inform users, and resume service in time after the lines are repaired.
If users violate any provisions of these terms, including but not limited to providing false registration information, infringing on others' intellectual property rights, using the service to engage in illegal or irregular activities, etc., we have the right to immediately terminate the provision of services to users without notice and have the right to delete users' accounts and related data; if users have not logged in or used this service for [X] consecutive months, we have the right to terminate the service and delete user accounts and related data, but will remind users in advance through emails or internal messages, etc.; if we decide to terminate this service due to business adjustment, cooperation termination, legal and regulatory requirements, etc., we will publish an announcement on the website [X] days in advance to inform users of the reasons, time, etc., of service termination, and after service termination, handle user data according to relevant legal and regulatory requirements. For example, if it is found that the images uploaded by users have serious copyright infringement issues, the website will immediately terminate the service to such users and delete their uploaded infringing images and related account information.
Users have the right to decide to stop using this service at any time and can actively terminate the service by choosing to cancel their account in account settings. After users cancel their accounts, we will delete users' personal information or anonymize it within 15 working days, except as otherwise provided by laws and regulations or required by regulatory departments. Before canceling your account, please make sure you have backed up important data and information, as related data will be unable to be recovered after account cancellation. If you have any questions about account cancellation or need assistance, you can contact our customer service at any time (email: [email protected]).
Although we strive to provide accurate and reliable plant identification, health diagnosis, and care advice services, due to factors such as the variety of plant species, complex growth environments, and technical limitations, we cannot make any express or implied warranties regarding the accuracy, completeness, timeliness, merchantability, fitness for a particular purpose, or non-infringement of the service. For any direct, indirect, incidental, special, punitive, or consequential damages arising from the use of this service, including but not limited to data loss, business interruption, profit loss, reliance loss, personal injury, etc., regardless of whether based on contract, tort (including negligence), strict liability, or other legal theories, we do not bear any responsibility, even if we have been informed of the possible occurrence of such damages. For example, if the website's algorithm temporarily fails, causing incorrect plant identification results, and users carry out plant care operations based on the incorrect results, causing plant death, the website does not bear compensation liability.
Users should bear the risk of using this service themselves, including but not limited to the risk of making decisions based on information provided by this service. Users are responsible for the content they upload and the use of information obtained through this service, ensuring that their use behavior complies with laws and regulations and moral norms. If users' own reasons (such as not following care advice correctly, providing incorrect plant information, etc.) cause plant damage or other adverse consequences, users shall bear full responsibility themselves. For example, during health diagnosis, users intentionally conceal that the plants have suffered from pests and diseases, leading to inaccurate care advice from the website and eventual plant death, for which users bear responsibility themselves.
For force majeure factors (such as natural disasters, war, government actions, network service provider failures, communication line interruptions, hacker attacks, computer viruses, etc., unforeseeable, unavoidable, and insurmountable objective situations) causing inability to provide this service normally or problems such as data loss or errors, we do not bear any responsibility. If third parties (such as network service providers, data suppliers, technical partners, etc.) cause problems with this service or cause losses to users, we do not bear responsibility but will try our best to assist users in communicating with third parties to solve problems. For example, if the servers of network service providers suffer large-scale DDoS attacks, causing the website to be inaccessible, the website does not bear responsibility for losses suffered by users.
This website may contain links to other websites. These links are provided for the convenience of users only. We do not bear any responsibility for the content, privacy policies, operational behaviors of linked websites, and users' experience on linked websites, etc. When users access linked websites, they should understand and comply with the relevant provisions and terms of those websites themselves. If users suffer losses due to using linked websites, it has nothing to do with this website. For example, this website provides a link to a plant care forum, and information posted by users on that forum is stolen by others, causing privacy leakage, and this website does not bear responsibility.
If you have any dispute with the operator of this website regarding this service or these terms, both parties should first resolve it through friendly negotiation. Negotiation should be conducted within [X] days from the date of dispute occurrence, and both parties should actively communicate and seek solutions in good faith. For example, user Xiao Wang believes that the website's plant identification results are inaccurate, causing him to make mistakes in plant care. He can contact the website operator through the website customer service email [email protected] within 30 days after discovering the problem, explain the situation, and both parties negotiate a solution.
If negotiation fails, both parties can choose to have a neutral third-party mediation institution conduct mediation. The mediation institution and mediator are jointly selected by both parties, and mediation should be conducted in accordance with relevant mediation rules. During the mediation process, both parties should actively cooperate with the work of the mediation institution and mediator, providing necessary information and assistance. If mediation is successful, both parties should abide by the mediation results; if mediation fails, either party has the right to take subsequent dispute resolution measures. For example, both parties jointly select a well-known local internet dispute mediation center for mediation and proceed with mediation work according to the center's mediation procedures and rules.
If both parties do not wish to resolve disputes through negotiation or mediation, or if negotiation or mediation fails, both parties agree to submit disputes to [specific arbitration institution name] for arbitration. Arbitration should be conducted in accordance with the currently effective arbitration rules of that arbitration institution. The arbitral award is final and legally binding on both parties, who should consciously perform the arbitral award. Arbitration fees (including but not limited to arbitration acceptance fees, processing fees, attorney fees, etc.) shall be borne by the losing party, unless otherwise specified in the arbitral award. If users and the website operator have agreed on an arbitration clause during the service use process and have agreed on a specific online arbitration institution, applications should be made to that agreed arbitration institution.
Where permitted by law, if both parties have not reached an arbitration agreement for dispute resolution, either party has the right to file a lawsuit with a people's court with jurisdiction. During the litigation process, both parties should comply with the court's judgment and relevant litigation procedure provisions. Litigation costs (including but not limited to case acceptance fees, attorney fees, appraisal fees, etc.) shall be borne by the losing party, unless otherwise specified in the court judgment. If user Xiao Li has a dispute with the website regarding service fees, service quality, etc., and both parties have not agreed on arbitration, Xiao Li can file a lawsuit with a people's court with jurisdiction in his location or the location of the website operator.
We have the right to modify these terms of service at any time, and the modified terms will be announced on the website and notified to users through website announcements, internal messages, or emails, etc. The [X] days after the notification is issued are deemed that users have been informed of the modification content. If users continue to use this service after the modified terms take effect, it is deemed that users accept the modified terms. For example, if we modify the data sharing part of the privacy policy, we will publish an announcement in a prominent position on the website homepage a week in advance and send a notification email to registered users' emails, informing them of the specific content and effective time of the modification.
If any part of these terms is determined to be invalid, illegal, or unenforceable, it does not affect the validity, legality, and enforceability of other parts. Parts determined to be invalid, illegal, or unenforceable will be adjusted or interpreted according to legal requirements to get as close as possible to the intent of the original terms. For example, if a term about limitation of liability is determined to be invalid due to changes in laws and regulations, but other terms about service content, user obligations, etc., are still valid, both parties still need to comply with other terms.
These terms constitute the complete agreement between you and the operator of this website regarding this service, replacing all oral or written agreements previously reached between both parties regarding this service. However, matters not covered by these terms do not affect the rights and obligations enjoyed and assumed by both parties in accordance with laws and regulations or other relevant agreements.
The signing, performance, interpretation, and dispute resolution of these terms all apply to the laws of the People's Republic of China (for the purpose of these terms, excluding laws of the Hong Kong Special Administrative Region, Macao Special Administrative Region, and Taiwan). If disputes arise between both parties during the performance of these terms, they should first be resolved through friendly negotiation; if negotiation fails, either party has the right to file a lawsuit with a people's court with jurisdiction.
If you have any questions, opinions, or suggestions about these terms of service, or encounter problems during the use of this service, you can contact us through the following methods:
Effective Date: October 24, 2025