Effective Date: March 21, 2025
Please read these Terms of Service ("Terms") carefully before using the Mali application ("App", "Service"), operated by Mali ("we," "our," or "us"). By downloading, installing, accessing, or using the App, you agree to be bound by these Terms. If you do not agree, do not use the Service.
Mali is a gardening application that provides:
You must be at least 13 years old to create an account and use the Service. If you are between 13 and 18 years old (or the age of majority in your jurisdiction), you may only use the Service with the consent of a parent or legal guardian who agrees to be bound by these Terms on your behalf. We do not knowingly collect personal information from children under 13. If we learn that we have collected information from a child under 13, we will promptly delete it.
To use certain features, you must create an account. You may register using a supported third-party authentication provider (Google Sign-In, Sign in with Apple). You agree to:
You are solely responsible for all activities that occur under your account, whether or not authorized by you. You must notify us immediately at support@keedastudios.com if you suspect any unauthorized use of your account. We are not liable for any loss or damage arising from unauthorized use of your account.
Mali offers a free tier with limited features and paid subscription tiers (such as Premium and Pro) that provide enhanced functionality including increased AI usage limits, additional plant identification scans, expanded voice conversation sessions, and other premium features. Details of current subscription plans and pricing are available within the App.
We reserve the right to change subscription prices. We will provide reasonable advance notice of price changes. Your continued subscription after a price change constitutes acceptance of the new price.
We may offer free trial periods for paid subscriptions. If you do not cancel before the trial ends, you will be automatically charged for the subscription at the applicable rate.
You retain ownership of all content you create or upload through the Service, including but not limited to:
By creating or uploading content through the Service, you grant Mali a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, display, and distribute your content solely for the purposes of:
This license terminates when you delete your content or your account, except where your content has been shared with others and they have not deleted it, or where retention is necessary for legal compliance.
You agree not to create, upload, or share content that:
We reserve the right, but have no obligation, to monitor, review, or remove any user content at our sole discretion, including content that we believe violates these Terms or is otherwise objectionable.
Mali includes an AI-powered gardening assistant ("Sidney") that provides text and voice-based gardening advice and recommendations. You understand and agree that:
The App offers AI-powered plant identification from photos. You understand that:
AI features are subject to daily and monthly usage limits that vary by subscription tier. These limits include but are not limited to: AI chat prompts, voice conversation sessions, and plant identification scans. Current limits are displayed within the App and may be adjusted at our discretion.
You agree not to:
The Service includes messaging features that allow communication between users. You agree to use messaging features responsibly and in compliance with these Terms. We reserve the right to monitor messages for compliance with our content standards and to take action against violations.
The Service allows users to trade virtual garden designs and plants with other users. All trades are:
When you share a garden publicly or with specific users, you grant those users the ability to view your garden design. You control your sharing settings through the App.
The Service and all its components — including but not limited to the software, design, graphics, illustrations (including Sidney the Snail character and plant artwork), animations, text, data compilations, user interface, underlying code, and all other original content — are owned by Mali or its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on your personal device(s) for your personal, non-commercial use.
Mali, the Mali logo, Sidney the Snail, and all related names, logos, product and service names, designs, and slogans are trademarks of Mali. You may not use these marks without our prior written permission.
If you provide us with feedback, suggestions, or ideas regarding the Service, you grant us an unrestricted, irrevocable, perpetual, royalty-free license to use such feedback for any purpose without compensation or attribution to you.
Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and share your personal information. The Privacy Policy is incorporated into these Terms by reference. By using the Service, you consent to the collection and use of your information as described in the Privacy Policy.
The Service integrates with and relies on third-party services, including:
Your use of these third-party services is subject to their respective terms of service and privacy policies. We are not responsible for the practices, content, or availability of third-party services. Links to third-party websites or services do not constitute endorsement.
Certain features of the App require access to device capabilities. By enabling these features, you grant the App permission to access:
You can manage these permissions at any time through your device settings. Disabling certain permissions may limit the functionality of the App.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
We do not warrant that the Service will be uninterrupted, timely, secure, or error-free, or that defects will be corrected. We may modify, suspend, or discontinue any part of the Service at any time without notice.
ALL GARDENING ADVICE, PLANT INFORMATION, PLANT IDENTIFICATION RESULTS, COMPANION PLANTING RECOMMENDATIONS, AND OTHER HORTICULTURAL INFORMATION PROVIDED THROUGH THE SERVICE (WHETHER GENERATED BY AI OR OTHERWISE) IS FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. IT DOES NOT CONSTITUTE PROFESSIONAL ADVICE. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY SUCH INFORMATION. YOU RELY ON SUCH INFORMATION ENTIRELY AT YOUR OWN RISK.
In particular, you should never rely solely on AI plant identification to determine whether a plant is safe to consume, touch, or use medicinally. Misidentification of plants can result in serious illness or death.
Weather information provided through the Service is sourced from third-party providers and may not be accurate or current. Do not rely on the App as your sole source of weather information for gardening decisions.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability shall be limited to the fullest extent permitted by law.
You agree to defend, indemnify, and hold harmless Mali, its officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
You may delete your account at any time through the App settings or by contacting us at support@keedastudios.com. If you have an active subscription, you must separately cancel it through your app store to avoid future charges.
We may suspend or terminate your account and access to the Service at our sole discretion, with or without notice, for any reason, including but not limited to:
Upon termination:
We reserve the right to modify these Terms at any time. If we make material changes, we will provide notice through the App, by email, or by other reasonable means at least 30 days before the changes take effect. Your continued use of the Service after the effective date of revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Service and delete your account.
Before initiating any formal dispute resolution, you agree to first contact us at support@keedastudios.com and attempt to resolve the dispute informally for at least 30 days.
If we cannot resolve a dispute informally, you and Mali agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved through binding arbitration administered by a recognized arbitration organization, rather than in court. The arbitration shall be conducted in English. The arbitrator's decision shall be final and binding.
YOU AND MALI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.
Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent infringement of intellectual property rights. Additionally, claims that qualify for small claims court may be brought there.
You may opt out of the arbitration and class action waiver provisions by sending written notice to support@keedastudios.com within 30 days of first accepting these Terms. Your notice must include your name, account username, email address, and a clear statement that you wish to opt out.
These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to its conflict of law provisions. To the extent that litigation is permitted under these Terms, you consent to the exclusive jurisdiction of the courts located in Ontario, Canada.
These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Mali regarding the Service and supersede all prior agreements and understandings.
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by Mali.
We may assign or transfer these Terms, in whole or in part, without restriction. You may not assign or transfer any rights or obligations under these Terms without our prior written consent.
We shall not be liable for any failure or delay in performing our obligations where such failure or delay results from circumstances beyond our reasonable control, including but not limited to natural disasters, war, terrorism, pandemics, government actions, power failures, internet or telecommunications failures, or third-party service outages.
We may provide notices to you through the App, by email to the address associated with your account, or by other reasonable means. You may provide notices to us by emailing support@keedastudios.com.
If you reside in the EU or EEA, nothing in these Terms affects your statutory consumer rights that cannot be waived or limited by contract. The arbitration and class action waiver provisions in Section 19 do not apply to the extent prohibited by EU law. You may bring proceedings in the courts of your country of residence. See our Privacy Policy for details on your rights under the General Data Protection Regulation (GDPR).
If you reside in the United Kingdom, nothing in these Terms excludes or limits our liability for fraud, death or personal injury caused by negligence, or any other liability that cannot be excluded under applicable UK law.
If you reside in California, you have additional rights under the California Consumer Privacy Act (CCPA). See our Privacy Policy for details. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: the Service is provided by Mali, and can be reached at support@keedastudios.com.
If you reside in Canada, these Terms are subject to applicable federal and provincial consumer protection legislation. Nothing in these Terms excludes or limits rights that cannot be excluded or limited under Canadian law.
If you reside in Australia, nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law that cannot be excluded, restricted, or modified by agreement.
The App may contain open-source software components subject to their own license terms. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms of any applicable open-source license.
If you have any questions, concerns, or feedback regarding these Terms, please contact us:
By using Mali, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.