Terms of Service
Welcome to STEWARD (Steward, Inc.):
- This is a legally binding document (“Agreement”) between you, an individual (“You” or “Your”) and Steward (“Steward,” “Us,” “Our,” or “We”). Steward also includes Our agents, assigns, successors, employees, representatives, and licensees.
- Steward is out to take the guesswork out of growing plants. You can use Steward online via Our Website (www.stewardhome.com) (“Website”) or via an application on various mobile devices (“App”). Together, We refer to the Website and the App as the Steward Platform (“Platform”).
- We welcome You to the Steward Platform as a User or a Visitor. You are a Visitor if You do not have a registered account with Us. Visitors do not have login credentials and are only permitted to browse the publicly available portion of the Platform, register an account, or contact Us. You are a User if You have a registered account with Us and are logged into that account. Steward may itself offer services to You via the Platform (“Services”) and may in the future make services offered by third-parties (“Service Providers”) available to You. These Terms govern Your relationship with Steward, including Your use of the Platform and any Services available to You via the Platform.
- This Agreement is between You and Steward, Inc. Your use of any part of the Platform, whether as a Visitor or User, indicates Your agreement to these Terms. You understand that You are obliged to comply with these Terms if You continue to use the Platform or access Services via the Platform. If You do not agree to all of these Terms in their entirety, You are not authorized to, and shall not, access or utilize the Platform other than to delete Your account, if You have one, or to contact Us. To the extent that You, at some point had authorization to access the Platform, upon Your disagreement with any part of these Terms, Your authorization to use the Platform is immediately and entirely revoked.
- You must be at least 18 years old to consent to these Terms. If You do not meet this age requirement, You may not use the Platform.
- We may modify these Terms at any time for any reason. If the Terms are modified, to the extent reasonable and practicable, You will be notified via the Website, email, text message, or other means. Any changes We make to the Terms may take effect immediately. If You continue to access the Platform after We make changes to these Terms, Your continued access to, and use of the Platform shall affirm Your consent to be bound by the modified Terms. You consent to receiving electronic communications or notifications regarding modifications to these Terms by any means, including email and via text messages to Your mobile device.
- Even if Your User account is terminated (whether by You or Us, regardless of reason) some of these Terms survive and You remain bound by them.
- If You are a User, You agree that when You register as a User, You provide Us with only accurate and truthful information about Yourself and to keep such information updated if it changes.
- If You provide inaccurate or incomplete information or fail to update Your information so that it becomes inaccurate and incomplete, We reserve the right to terminate Your account and Your status as a User, either temporarily or permanently, without any notice or liability to You. We have no liability for any acts, omissions, or errors that arise out of inaccurate or incomplete information.
- If You are a User, You have a duty to keep Your login credentials private and to not allow unauthorized access to Your User account. You are solely responsible for all activities that occur under Your account, whether or not You know about them. You may request that Your account be deleted, but it may take Us a reasonable amount of time to complete Your request.
- IF YOU ARE UNDER AGE 18: Our Platform is not directed to children under 13 and We do not knowingly collect personal information from Users under 13. In addition, We do not allow Users under age 18. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, STEWARD DISCLAIMS ANY RESPONSIBILITY REGARDING ANY ACTIVITIES CONDUCTED BY AN INDIVIDUAL UNDER THE AGE OF 18.
Your Information and Content
- The Platform allows Visitors and Users to capture Information and Content (as defined below) about themselves, their surroundings, and their location in real-time and over time in order to avail themselves of the Services. Some of this Information and Content is submitted by You manually and some of this Information and Content is collected by Us automatically through Your device or browser.
- Location information is essential for Us to provide, and for You to utilize, the Platform. We will receive Your device's location information if You enable this through Your browser or mobile device. We may infer Your general location from Your IP address or by other information available to Us, or You may also choose to manually provide Us Your location information by inputting this information in Our Platform. To function properly, the Platform requires accurate geolocation information. We look at Your location as specifically as possible - right down to the rooms in Your house -- and correlate it with time, date, weather, air quality, level of sunlight, sun position, light sources, and Your personal preferences and additional information that You provided to Us or that We determined via Our Platform, and other available data (collectively, “Location Information”), so that We can provide, and You can use, the Services.
- “Your Information” includes:
- Data from Your device, including photos, videos, audio, microphone, and other information as may be requested by the Platform;
- Location Information;
- Weather data;
- Light conditions of Your surroundings;
- Personal preferences including but not limited to information regarding Your household and members, pets, scheduling and traveling, air quality, electronic devices in Your home including “smart” devices, Your willingness to maintain and care for plants and other similar data;
- Any other data available to the Platform via Your device or manually provided by You.
- “Your Content” includes images, photographs, video recordings, audio-video recordings, video streams, and graphics.
Rights Granted to Us.
- We acknowledge and agree that You, or Your licensors, as applicable, retain ownership of any and all copyrights in Your Content, subject to the non-exclusive rights granted to Us above, and that no ownership of such copyrights is transferred to Us under this Agreement.
- By providing Your Content to Us, You represent and warrant that You have all necessary rights, licenses or other permissions to do so, including, without limitation, all necessary rights, licenses, or other permissions to provide to Us any of Your Content that is owned by third parties. You accept full responsibility for the Content You provide.
Rights We Grant to You
- All intellectual property in or related to the Platform (specifically including, but not limited to, Our copyrights, trademarks, trade dress, trade secrets, software), other than Your Content or content that is the property of a third party, is the property of Steward, its subsidiaries and affiliates or its licensors (“Our Content”).
- You are granted a limited, non-exclusive license to use and access Our Content in connection with Your use of the Platform, so long as that use is consistent with these Terms. Except as expressly agreed otherwise by Us, Your use of the Platform must be limited to personal, non-commercial use. We may terminate this license at any time for any reason. Except for the rights and license granted in these terms, We reserve all other rights and grant no other rights or licenses, implied or otherwise to You, and We do not waive any rights.
- You may only act consistent with these Terms and You may not use Our Content in any way that is outside the limited scope of the license herein. You further understand that We have certain copyright, trademark, and other rights in Our Content, which shall inure only to Our benefit.
Use of the Platform:You are only allowed to access and use the Platform for the purpose of which it is provided to You; i.e. for the purpose of accessing and receiving the Services. You may not use the Platform or Services in any way that is unlawful or in violation of this Agreement. We reserve the right to terminate Your User account and ban You from the Platform entirely.
- Additionally, You agree that:
- You will comply with all applicable laws while You access the Platform, and You will not use the Platform for any unlawful or unauthorized purpose;
- You will not access or use the Platform to collect any market research for a competing business;
- You will not misrepresent Yourself, Your identity, or knowingly submit false information to Us;
- You will not interfere with or attempt to interrupt the proper operation of the Platform through the use of any virus, device, information collection or transmission mechanism, software, or access or attempt to gain access to any data, files, or passwords related to the Platform through hacking, password or data mining, or any other means;
- You will not take any action that imposes or may impose (determined in Our sole discretion) an unreasonable or disproportionately large load on Our technical infrastructure;
- You will not take any action that violates or infringes the rights of others, including without limitation patent, trademark, trade secret, copyright, privacy, publicity or other proprietary rights;
- You will not upload, post, transmit, or otherwise make available any Information or Content that You do not have a right to make available under the law;
- You will not intentionally or knowingly cause harm to the Platform or any User, or act in a manner that is unlawful or transmit or cause to be transmitted any information or content that, in Our sole discretion, violates these Terms;
- You will not obtain, seek to obtain, or distribute publicly or privately any personal, private, or confidential information that either passes through Our technical infrastructure or is maintained by Us;
- You will not attempt to access, modify, or in any way manipulate any of the code, software, or programs which underlie Steward and the Platform, including but not limited to decompiling, reverse engineering, unauthorized data gathering or extraction;
- You will not take any action that violates these Terms or any guidelines or policies posted on the Platforms; and
- You will not take any action that otherwise interferes with the use or enjoyment of the Platform by others.
- If We include on the Platform any third-party Service Provider, that inclusion is not and should not be construed as an endorsement of that party or its services. We are not responsible for the content or services of Service Providers and do not make any representations or warranties regarding their content, accuracy of materials, or services. You agree that, to the fullest extent permissible pursuant to applicable law, Steward shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of Service Providers on or off the Platform.
DISCLAIMERS AND LIMITS OF LIABILITY:
THIS SECTION LIMITS OUR LIABILITY TO YOU. PLEASE READ THIS SECTION CAREFULLY AND MAKE SURE YOU UNDERSTAND IT.
- “STEWARD” MEANS US AND ANY SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, LICENSORS, SERVICE PROVIDERS, AND PARTNERS, AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ASSIGNS, AND REPRESENTATIVES OF EACH OF THEM. EACH PROVISION BELOW APPLIES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW:
- STEWARD PROVIDES YOU ACCESS TO THE PLATFORM AND SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, STEWARD EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY AND COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE. STEWARD MAKES NO GUARANTY OR ASSURANCE THAT YOUR CONTENT, YOUR INFORMATION OR YOUR DATA WILL BE SECURE, THAT THE PLATFORM WILL BE AVAILABLE FOR USE, OR THAT ALL FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED.
- STEWARD MAKES NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIMS ALL LIABILITY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, RELATED TO YOUR USE OF THE PLATFORM AND THE SERVICES, INCLUDING THE QUALITY OR ACCURACY OF ANY INFORMATION YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE PLATFORM.
- YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, STEWARD WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY WHATSOEVER. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT STEWARD SPECIFICALLY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF CONTENT, INFORMATION, OR DATA (EVEN IF STEWARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE) ARISING OUT OF AND IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE PLATFORM. YOUR USE OF THE PLATFORM, PRODUCTS, INFORMATION, OR SERVICES IS ENTIRELY AND WITHOUT LIMITATION AT YOUR SOLE RISK.
By submitting Your email address, You consent to receiving emails from Us or Our Service Providers, agents, employees, assigns, and representatives. By submitting Your phone number with Your User registration, or otherwise providing Your phone number to Us, You are electing and agreeing, if You use the App, to receive push notifications, to Your device regarding Your use of the Platform. You can always opt-out of certain communications by contacting Us.
Controlling Law and Jurisdiction. This agreement will be interpreted in accordance with the laws of the State of Delaware and the United States of America, without regard to their conflict-of-law provisions. The state and Federal Court of New York County, New York, shall maintain exclusive jurisdiction over any claim, complaint, petition, demand, or legal request between Us and You.
Assignment. No terms of this Agreement, nor any right, obligation, or remedy hereunder is assignable, transferable, delegable, or sublicensable by You except with Our prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. We may assign, transfer, or delegate this Agreement or any right or obligation or remedy hereunder in Our sole discretion.
Waiver. Our failure to assert a right or provision under this Agreement will not constitute a waiver of such right or provision.
Local Regulations. We make no representation that the Platform or the Services are available for use or permitted by law in any particular location. To the extent You choose to access the Platform or engage in any Services, You do so at Your own risk and are responsible for compliance with any applicable laws, including but not limited to applicable local laws.
Further Assurances. You agree to execute a hard copy of this Agreement and any other documents, and to take any actions at Our expense that We may request to confirm and effect the intent of this Agreement and any of Your rights or obligations under this Agreement.
Entire Agreement/Severability. This Agreement supersedes all prior terms, agreements, discussions and writings regarding the Platform and Services and constitutes the entire Agreement between You and Us regarding the Platform. If any part of this Agreement is found to be unenforceable, then that part will not affect the enforceability of the remaining parts of the Agreement, which will remain in full force and effect.
Survival: The following provisions will survive the expiration or termination of this Agreement: Section II, III.C., V.C, V.D, VII.B., VIII, IX, X, and XI.
Our Contact Information is:
Steward (STWRD, Inc).
17A Stuyvesant Oval
New York, NY 10009