1. Agreement to Terms
These Terms of Service govern your use of the Vine Guard mobile application ("App") operated by Built by Foundry, Inc., formerly known as Playpen Games, Inc. ("Foundry"). By using the App, you agree to these Terms and our Privacy Policy. If you don't agree, please uninstall the App.Age Requirement: You must be at least 13 years old to use Vine Guard. If you're 13-17, review these Terms with a parent or guardian.2. About Vine Guard
Vine Guard is an iOS application that helps vineyard operators photograph vines, receive an AI-assisted likely diagnosis, generate a suggested care plan, identify likely varietals from leaf photos, tag scans by vineyard, and (for Pro subscribers) save a searchable library of assessments.Not Professional Agronomic or Pest Management Advice: Vine Guard is an AI-assisted diagnostic aid. It is not professional agronomic, horticultural, viticultural, or pest management advice. It is not a substitute for a licensed Pest Control Adviser (PCA), farm adviser, extension service, certified agronomist, or laboratory testing. Before applying any treatment, confirm the diagnosis and the care plan with a qualified professional. Check PHI (preharvest interval) and REI (restricted-entry interval) labels before re-entry or harvest.
AI Limitations: Diagnosis and care plans are generated by artificial intelligence and may be incomplete, out of date, or incorrect. They reflect pattern matching against training data, not site-specific expertise. You are responsible for verifying any output before acting on it. Varietal ID is assistive only; for certification-grade identification, confirm with a DNA test through a qualified lab.
Pesticide and Regulatory Compliance: Pesticide, fungicide, and other agricultural chemical use is regulated by federal, state, and local authorities. Always follow the product label, your state’s regulations, and the instructions of your licensed PCA or farm adviser. Vine Guard does not grant any authority to apply restricted-use materials and does not override the label.
3. Account Registration
Some features require an account via Sign in with Apple or Google. You agree to provide accurate information, keep credentials secure, and notify us of unauthorized access. You're responsible for all account activity.4. Premium Subscriptions and Billing
Plans: Vine Guard Pro is a paid subscription sold as monthly or annual in-app purchases through the Apple App Store. Pricing, introductory offers, and free trial terms are displayed in the App at the point of purchase and may change over time.Free tier: The first diagnosis is free. Features such as additional scans, varietal ID, saving assessments to your library, and sharing are Pro features gated by an active Vine Guard Pro subscription.Free trials: If a free trial is offered, it converts to a paid subscription automatically unless you cancel at least 24 hours before the trial ends.Auto-renewal: Subscriptions renew automatically at the end of each billing period at the then-current price unless canceled. Your Apple ID is charged for each renewal.Cancellation: Cancel any time by going to iPhone Settings → [Your Name] → Subscriptions → Vine Guard. Cancellation takes effect at the end of the current period. You retain Pro access for the remainder of the period you have already paid for.Refunds: Apple handles all refunds for App Store purchases. Submit refund requests at https://reportaproblem.apple.com/. Foundry cannot issue refunds directly for App Store purchases.Price changes: We may change subscription prices. Apple will require your explicit consent to material price increases before charging the new price.5. User Content
Your content: You keep ownership of the vineyard photos you capture, the notes you add, the vineyard names you create, and any other content you submit. By using the App, you grant Foundry a worldwide, non-exclusive, royalty-free license to store, transmit, process, display, and analyze your content solely as needed to operate the App for you (including transmitting photos to our AI providers to generate a diagnosis and care plan).AI outputs: AI-generated diagnoses, care plans, and varietal identifications are provided for your use. You may use them freely for your own vineyard operations, advisory work, and team communications. Foundry does not claim ownership over individual diagnoses or care plans generated for you, but Foundry owns the App, the underlying models’ integration, the prompts, and any aggregated, de-identified data used to improve the product.Training: Under our API agreements with OpenAI and Google, your prompts and photos are not used to train their foundation models.Content standards: Do not submit photos or content that are unlawful, infringing, harassing, or contain sensitive personal information unrelated to vineyard diagnosis.Deletion: If you delete your account or request deletion, we will remove or de-identify your uploaded content within 30 days (backups purged within 90 days). Some records may be retained where required by law, such as subscription or tax records.6. End User License Agreement
This section is Vine Guard’s End User License Agreement (EULA) and supplements these Terms of Service. By installing or using Vine Guard, you also agree to the Apple Licensed Application End User License Agreement at https://www.apple.com/legal/internet-services/itunes/dev/stdeula/, except as the terms below modify it.License: Subject to your compliance with these Terms, Foundry grants you a limited, non-exclusive, non-transferable, revocable license to install and use Vine Guard on an Apple-branded device that you own or control, solely for your personal or internal business use as a vineyard operator, farm adviser, or vineyard team member.Restrictions: You will not (a) copy, modify, or create derivative works of the App except as permitted by law, (b) reverse engineer, decompile, or disassemble the App except to the extent such restriction is prohibited by law, (c) rent, lease, lend, sell, sublicense, or otherwise transfer the App, (d) remove or alter any proprietary notices, (e) use the App to build a competing product or train a competing model, or (f) use the App in violation of applicable law.Reservation: Foundry and its licensors retain all right, title, and interest in and to the App, including all intellectual property rights. No rights are granted except as expressly stated.Termination: This license terminates automatically if you materially breach these Terms. On termination, you must stop using and delete the App. Sections that by their nature should survive (including intellectual property, disclaimers, limitation of liability, and dispute resolution) will survive termination.Third-party beneficiary: Apple and its subsidiaries are third-party beneficiaries of these Terms with respect to your license to use Vine Guard and may enforce these Terms against you.Export and sanctions: You represent that you are not located in a country subject to a U.S. Government embargo or on any U.S. Government restricted-party list.7. B2B2C and Vineyard Team Use
Vine Guard is used by vineyard operators, vineyard managers, and the people they refer (including team leads and advisers). If you share an assessment with another person, you are responsible for obtaining any consents required by your employer or contract. Foundry does not currently offer shared team accounts or analytics across a vineyard; each user’s account and local data are independent.8. Prohibited Conduct
Don't: reverse engineer the App, attempt unauthorized access, use bots or scrapers, share account credentials, distribute abusive content, violate laws, interfere with the App's operation, or commercially exploit App content.We may suspend or terminate accounts that violate these Terms.9. Intellectual Property
All trademarks, logos, audio recordings, content, and App materials are owned by Foundry or licensors. You receive a limited, personal, non-commercial license to use the App. Don't copy, reproduce, or commercially exploit App content.10. Limitation of Liability
The App is provided "as is" without warranties. To the fullest extent permitted by law:• We're NOT liable for indirect, incidental, or consequential damages (including lost data)• Our total liability is capped at the greater of what you paid us in the last 12 months or $100 USDExceptions: This doesn't limit liability for death/injury from gross negligence, fraud, or liability we can't exclude by law. EU/UK/California consumer rights are not affected.If you experience harm related to App content, report it to hello@builtbyfoundry.io. We'll investigate and take appropriate action.