Terms of Service

1. Acceptance of Terms

By accessing or using SmartPluvia ("the Service"), available at smartpluvia.com, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service. These Terms constitute a legally binding agreement between you and SmartPluvia.

We reserve the right to update these Terms at any time. Continued use of the Service after changes are posted constitutes acceptance of the revised Terms. We will notify registered users of material changes via email.

2. Description of Service

SmartPluvia is a web-based visual planner for designing automatic irrigation systems. The Service allows users to place sprinklers, draw zones, route pipes, validate hydraulic flow and capacity, and generate bills of materials on an interactive SVG canvas. The Service includes a multi-vendor product catalog, marketplace for templates, AI-powered sketch recognition, collaborative editing, and project export capabilities.

The Service is provided on an "as-is" basis. SmartPluvia does not guarantee that irrigation designs created using the Service will be suitable for any particular installation without professional review. Users are responsible for verifying designs comply with local building codes, water regulations, and manufacturer specifications.

3. User Accounts

To access certain features of the Service, you must create an account by providing a valid email address and password, or by authenticating via Google OAuth. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate. You must notify us immediately of any unauthorized use of your account. SmartPluvia is not liable for any loss arising from unauthorized use of your account.

You may not create multiple accounts to circumvent tier limits or abuse free-tier allowances. We reserve the right to suspend or terminate accounts that violate this provision.

4. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You shall not:

(a) Use the Service to transmit any unlawful, threatening, abusive, or otherwise objectionable material; (b) Attempt to gain unauthorized access to the Service, other user accounts, or connected systems; (c) Use automated scripts or bots to access the Service beyond the documented Public API; (d) Reverse engineer, decompile, or disassemble any part of the Service; (e) Interfere with or disrupt the Service or servers connected to the Service; (f) Resell or redistribute the Service without a valid white-label or reseller agreement; (g) Use the Service to create designs for the purpose of misleading clients or misrepresenting professional qualifications.

5. Intellectual Property

The Service, including its source code, design, graphics, user interface, and documentation, is owned by SmartPluvia and protected by intellectual property laws. The product catalog data (nozzle specifications, valve data) is sourced from manufacturers and remains the property of the respective brands (Hunter, Rain Bird, Gardena, Toro).

You retain full ownership of all irrigation designs and project data you create using the Service. By publishing a template on the SmartPluvia Marketplace, you grant SmartPluvia a non-exclusive, worldwide license to display, distribute, and promote that template within the Marketplace.

You may export your designs in PDF or other supported formats at any time, subject to the limitations of your subscription tier. Free-tier exports include a SmartPluvia watermark.

6. Subscription Tiers and Payment Terms

SmartPluvia offers multiple subscription tiers (Free, Lite, Pro, Business), each with different feature limits and capabilities as described on our pricing page. Free-tier accounts are subject to project count limits, export restrictions, and watermarking.

Paid subscriptions are processed through Paddle (for international payments) or WayForPay (for payments within Ukraine). By subscribing to a paid tier, you agree to the payment terms of the respective payment processor. All fees are non-refundable except as required by applicable law or as described in the refund policy of the payment processor.

SmartPluvia reserves the right to change pricing at any time. Existing subscribers will be notified at least 30 days before any price increase takes effect on their account. You may cancel your subscription at any time; cancellation takes effect at the end of the current billing period.

7. Limitation of Liability

To the maximum extent permitted by applicable law, SmartPluvia shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, arising out of or related to your use of the Service.

SmartPluvia does not provide professional engineering, landscaping, or plumbing advice. The hydraulic calculations, pipe sizing recommendations, and product suggestions provided by the Service are for planning purposes only and should be verified by a qualified professional before installation. SmartPluvia shall not be liable for any damages resulting from irrigation systems installed based on designs created using the Service.

In no event shall SmartPluvia's total liability exceed the amount you paid to SmartPluvia in the twelve (12) months preceding the claim.

8. Termination

You may terminate your account at any time by contacting us at support@smartpluvia.com. Upon termination, your right to use the Service ceases immediately, though we may retain your data for a reasonable period to comply with legal obligations.

SmartPluvia may suspend or terminate your account if you violate these Terms, engage in fraudulent activity, or fail to pay applicable fees. We will make reasonable efforts to notify you before termination, except in cases of severe violations.

You may request export of your project data prior to account termination. SmartPluvia will provide data export in a standard format within 30 days of a written request.

9. Changes to Terms

SmartPluvia reserves the right to modify these Terms at any time. Changes will be posted on this page with an updated "Last updated" date. For material changes, we will provide notice through the Service or via email to registered users at least 14 days before the changes take effect.

Your continued use of the Service after the effective date of revised Terms constitutes acceptance. If you disagree with the changes, you must discontinue use of the Service and may request account termination.

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Ukraine, without regard to conflict of law principles. Any disputes arising from or relating to these Terms or the Service shall be resolved in the courts of Kyiv, Ukraine.

For users within the European Union, nothing in these Terms affects your rights under applicable EU consumer protection legislation, including the right to bring proceedings in the courts of your country of residence.

11. Contact

If you have any questions about these Terms of Service, please contact us at support@smartpluvia.com.