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 acknowledge 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 a mobile 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AI Limitations: Diagnosis and care plans are generated by artificial intelligence and may be incomplete, out of date, or incorrect.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. Accounts
The App may let you use it without an account or may offer sign-in through the App, Apple, Google, or another provider. You must provide accurate information, keep your device and credentials secure, and promptly report unauthorized access. You are responsible for activity through your account unless applicable law says otherwise.4. Premium Subscriptions and Billing
Price, billing period, trial terms, and renewal details appear on the purchase screen before you confirm. The app store processes payment and controls cancellation and refunds under its rules and applicable law. Unless the purchase screen says otherwise, a subscription renews automatically until canceled through your app-store account and access continues through the paid period after cancellation.Vine Guard Pro may unlock additional scans, varietal identification, saved assessments, sharing, and other premium features. The price, trial length (if any), billing period, renewal terms, included features, and cancellation details shown on the purchase screen control. Apple handles billing, cancellation, and refunds for App Store purchases; Google handles billing, cancellation, and refunds for Google Play purchases. The applicable store rules apply, subject to rights that applicable law does not allow you to waive.5. App Stores and Third-Party Services
Your app store's terms also apply. Apple and Google are not responsible for the App or support for it, but may be third-party beneficiaries of these Terms as their rules provide. Third-party services have their own terms and privacy practices, and we are not responsible for services we do not control.6. 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.Provider practices: AI providers may retain or log prompts, photos, and outputs or use them to improve services or models under their own terms and configuration. Foundry does not guarantee zero data retention or that providers will never use submitted data for training.Content standards: Do not submit photos or content that are unlawful, infringing, harassing, or contain sensitive personal information unrelated to vineyard diagnosis.Deletion is handled as described in the Privacy Policy, subject to records the law permits or requires us to retain.7. End User License Agreement
This section is Vine Guard’s End User License Agreement (EULA) and supplements these Terms of Service. If you obtain Vine Guard through Apple, 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. If you obtain Vine Guard through Google Play, your use is also subject to the applicable Google Play terms.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 a compatible Apple or Android 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: For App Store distributions, 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.8. 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.9. 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.10. Termination
You may stop using the App at any time. We may suspend or terminate access if you materially or repeatedly violate these Terms, create risk or legal exposure, or if we discontinue the App. Where practical, we will give reasonable notice. Provisions that by their nature should survive termination—including ownership, disclaimers, liability limits, indemnity, and disputes—will survive.11. Indemnity
To the extent permitted by law, you will defend and indemnify Foundry and its directors, officers, employees, and partners from third-party claims arising from your unlawful misuse of the App, your violation of these Terms, or content you submit. This does not require you to indemnify anyone for their own negligence or unlawful conduct.12. Limitation of Liability
To the fullest extent permitted by law, the App is provided "as is" and "as available." Foundry disclaims implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not promise the App will be uninterrupted, error-free, or that its content will always be accurate.To the fullest extent permitted by law, Foundry will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, data, goodwill, or use. Foundry's total liability for claims arising from the App will not exceed the greater of $100 USD or the amount you paid for the App during the 12 months before the event giving rise to the claim.These exclusions do not apply to liability that cannot lawfully be limited, including liability for fraud, willful misconduct, or death or personal injury caused by negligence where applicable. Your non-waivable consumer rights remain in effect.If you experience harm related to App content, report it to support@builtbyfoundry.io. We'll investigate and take appropriate action.13. Dispute Resolution
Before starting a formal claim, send a written notice describing the dispute and requested relief to support@builtbyfoundry.io . The parties will try in good faith to resolve it for 30 days. Either party may still seek urgent injunctive relief when necessary.US Residents
Individual arbitration: Except for an eligible individual small claims case or a claim for injunctive relief concerning misuse of intellectual property, any dispute will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The Federal Arbitration Act governs this clause. The hearing may occur by video, in your county, or at another mutually agreed location. The arbitrator may award the same individual remedies as a court.Class and jury waiver: You and Foundry waive any right to a jury trial and to bring or participate in a class, consolidated, representative, or private-attorney-general action. If a court finally finds the class-action waiver unenforceable for a particular claim, only that claim may proceed in court.Opt-Out: Email support@builtbyfoundry.io within 30 days of first use with "Arbitration Opt-Out" in the subject line.Users outside the United States
The arbitration and class-waiver terms apply only where lawful. If they are not enforceable where you live, you may bring a claim in the courts where you live and retain any non-waivable local consumer protections.Governing law
Delaware law governs these Terms, without regard to conflict-of-law rules, except that the Federal Arbitration Act governs arbitration and mandatory law where you live may still apply.14. Changes to Terms
We may update these Terms as the App or law changes. We will post the revised Terms and update the date above. If a change materially reduces your rights, we will give reasonable advance notice where required. Changes apply prospectively. If you do not agree, stop using the App before the revised Terms take effect.15. Contact Information
Built by Foundry, Inc. (f/k/a Playpen Games, Inc.)2261 Market Street, Suite 86046
San Francisco, California 94114, United StatesGeneral inquiries: support@builtbyfoundry.ioPrivacy requests: privacy@builtbyfoundry.ioWebsite: builtbyfoundry.io