Terms of Use

About Fleuret. Fleuret is a peer-to-peer (P2P) plant community. Users list plants from their personal collection, browse nearby listings, and propose trades with other users. No money changes hands on Fleuret: plants only. Optional paid subscriptions unlock higher listing limits and other features.

Please read these Terms of Use carefully. These Terms of Use (the “Terms”) are a binding legal agreement between you and Fleuret LLC (“Fleuret,” “we,” “us,” or “our”). The Terms govern your access to and use of the Fleuret mobile application and any related websites, features, and services (collectively, the “App”). By creating an account, tapping “Agree & Continue” or a similar button, or otherwise accessing or using the App, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the App.

1. Eligibility and Accounts

1.1 Age and Eligibility

You must be at least 18 years old to create an account or use the App. We do not knowingly collect information from anyone under 18, and any account discovered to belong to a minor will be terminated and the associated information deleted. Fleuret is not directed to children under 13, and we do not knowingly collect personal information from children under 13, consistent with the Children’s Online Privacy Protection Act (COPPA), 15 U.S.C. §§ 6501–6506.

1.2 Geographic Scope

The App is offered only to users located in the United States. You agree not to access or use the App from outside the United States.

1.3 Account Creation and Security

To use most features of the App, you must create an account by signing in with Apple or Google. You agree to (a) provide accurate, current, and complete information; (b) maintain and promptly update your account information; (c) keep your sign-in credentials confidential; and (d) accept responsibility for all activity that occurs under your account.

Notify us promptly at support@fleuret.app if you suspect unauthorized use of your account.

1.4 One Account per Person

You may not maintain more than one active account at a time, create an account on behalf of another person or entity, or transfer your account to anyone else.

2. The Service

2.1 What Fleuret Is

Fleuret is a platform that lets users list plants from their personal collection, discover listings from other users on a proximity basis, communicate through in-app trade chats, propose and arrange in-person trades, create or RSVP to plant events, follow other users, earn badges, and take part in optional features, such as machine-learning plant identification corrections and anonymized plant sightings, which you can turn off at any time.

2.2 What Fleuret Is Not

No money changes hands on Fleuret. Fleuret is a barter community. Listings may not be offered for sale, and you may not solicit, accept, or facilitate any monetary payment, cryptocurrency, gift card, or other consideration of value in exchange for a plant listed on the App. Trades are strictly plant-for-plant. Badges have no monetary value and may be revoked if underlying activity is found fraudulent.

Fleuret is not a party to trades. Trades are made directly between users. Fleuret does not own, sell, broker, inspect, verify, identify, transport, escrow, insure, or guarantee any plant or any trade. Fleuret is not responsible for the health, condition, identification, legality, importation status, or delivery of any plant traded through the App, or for the conduct, identity, or trustworthiness of any user.

No vetting of users. Fleuret does not conduct background checks, identity verification, criminal-history checks, or any other vetting of users. We do not endorse, recommend, or vouch for any user. The fact that another user has an account or any public profile feature is not a representation by Fleuret about that user’s identity, character, or trustworthiness.

You are responsible for your safety. You are solely responsible for evaluating the safety, legality, and advisability of any interaction or meeting with another user, and for deciding whether and how to proceed. Fleuret does not provide safety advice, and no feature or statement in the App constitutes a safety protocol or endorsement of any particular course of action.

2.3 Changes to the Service

We may add, modify, suspend, or discontinue any feature of the App at any time, with or without notice, without liability.

3. Subscriptions, Purchases, and Plant Inventory

3.1 Tiers

The App offers a free tier (the “Free Tier”) and one or more paid subscription tiers (each, a “Paid Subscription”). The price, listing limit, trade radius, and other features of each tier are shown in the App at the point of purchase and may change over time. If we reduce the features of a Paid Subscription you have already purchased, the change will take effect no earlier than your next renewal.

3.2 Billing

Paid Subscriptions are sold through the Apple App Store. Payment is charged to your App Store account at the price disclosed at purchase, and is governed by your agreement with Apple. We do not receive or store your payment card details.

Auto-renewal. Paid Subscriptions automatically renew for successive periods at the then-current price unless canceled. Manage or cancel your subscription through your App Store account settings. We cannot cancel a subscription on your behalf.

Refunds. All purchases are final and non-refundable except where required by law or where Apple grants a refund under its applicable policies. Refund requests must be made directly to Apple.

3.3 Price Changes

We may change the price of any Paid Subscription. Price changes for renewals will be communicated in advance through the App Store. Continued use of a Paid Subscription after a price change takes effect constitutes acceptance of the new price.

3.4 Referral Rewards

Fleuret may offer a referral program under which users can receive promotional subscription credit when invited users complete qualifying activity. Referral rewards are promotional entitlements only. They are non-transferable, have no cash value, and may be revoked for fraudulent activity, violations of these terms, or at Fleuret’s discretion.

3.5 Subscription Lapse and Automatic Plant Listing Deletion

If your Paid Subscription expires or is not renewed, your account returns to the Free Tier, including its trade radius, and we will automatically delete your most-recently-added plant listings (newest first) until your active inventory is within the Free Tier listing limit. You will receive a seven (7)-day in-app warning before this deletion occurs, during which you may renew your subscription or manually remove listings yourself. After the warning period, selected listings are removed without further notice and cannot be recovered. Any open trade proposals and trade chats connected to a deleted listing are also removed, for every participant in them. Your account, profile, follower relationships, earned badges, and remaining listings are otherwise unaffected. Listings deleted under this section will not be restored if you later re-subscribe.

4. Plant Listings and Trade Conduct

4.1 What You May List

You may list only plants (a) from your own personal collection that you have the legal right to trade, (b) that are legal to possess and transfer in your state and the recipient’s state, and (c) that are accurately described and photographed by you.

4.2 Prohibited Listings

You may not list, offer, or trade through the App:

1. plants regulated or restricted under CITES, the Endangered Species Act, the Lacey Act, state native-plant protection laws, or any other applicable federal or state law;
2. plants collected from the wild, or taken from public or private land without the owner’s permission;
3. plants on any federal or state noxious weed or invasive species list, plants subject to a federal or state plant quarantine (including USDA APHIS quarantines), or plants that cannot lawfully be moved to the recipient’s location;
4. cannabis, hemp, or any plant or plant part that is controlled, scheduled, or restricted as a drug or psychoactive substance under federal or state law;
5. cuttings, divisions, tissue culture, or other propagations of a plant protected by a U.S. plant patent or Plant Variety Protection certificate, unless the rights holder has authorized you to propagate and transfer it;
6. plants you do not own or have no right to transfer;
7. plants that are knowingly mislabeled, or that are diseased or infested with pests without disclosure; or
8. any non-plant item, including seeds, animals, insects, soil or growing media offered on its own, dried botanical material, people, objects, goods, or services.

We may also remove any listing that we determine, in our discretion, is unsafe, unlawful, or inappropriate for the App. You are responsible for knowing and complying with the laws that apply to a plant before you list or trade it. Fleuret does not review listings for legality.

4.3 Fleuret’s Role; Disputes Between Users

Fleuret provides an online service that helps users find one another, communicate, and arrange trades. Fleuret is not a party to any trade and does not control, and is not responsible for, the delivery, quality, safety, legality, or identity of any plant, or the conduct of any user. Fleuret is not an arbitrator and does not resolve disputes between users. You may report a violation of these Terms through the App (see Section 12).

Release. To the maximum extent permitted by law, you release the Fleuret Parties (defined in Section 15) from all claims, demands, and damages of every kind, known and unknown, arising out of or in any way connected with a dispute between you and another user, including any trade or in-person meeting. If you are a California resident, you waive California Civil Code § 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” You waive any similar law of any other jurisdiction.

4.4 No Monetary Transactions

Cash, digital currency and off platform payments are prohibited. You may not use the App or any communication channel on the App to solicit, offer, or accept payment in money or anything of monetary value for any plant or service.

4.5 In-Person Trade Safety

Trades are arranged and completed between users in person or by mutually agreed shipping. You are solely responsible for choosing where, when, and how to arrange the trade, for verifying the plant before completing the trade, and for complying with all applicable laws. If you ship a plant, you are responsible for complying with all federal and state plant-movement, quarantine, and phytosanitary rules and all carrier restrictions.

5. Community Conduct

By using the App, you agree to treat other users with basic decency and respect. Fleuret has zero tolerance for objectionable content and abusive users. You may not use the App, including its listings, profiles, trade chats, events, and any in-person meeting arranged through it, to:

• harass, bully, intimidate, threaten, or stalk anyone, or threaten or commit violence;
• demean, harass, or discriminate against anyone on the basis of race, color, ethnicity, national origin, ancestry, caste, religion or belief, sex, sexual orientation, gender identity or expression, pregnancy, disability, serious medical condition, age, veteran status, or immigration status, or post content that promotes hatred on any of those bases;
• post or send sexually explicit content or nudity, or make sexual advances or sexual solicitations;
• share another person’s private or personal information without their consent;
• use a trade, meeting, or event as a pretext for any purpose other than a plant trade or the event;
• deceive or defraud other users, including through bait-and-switch trades, misrepresenting a plant, or bad-faith trading;
• send spam, or post content that is unlawful, obscene, or that promotes self-harm or illegal activity.

Violations of this standard may result in account action under Section 12, up to and including permanent removal from the App.

6. Prohibited Conduct

In addition to the Community Conduct standards in Section 5, you agree not to, and not to attempt to:

• Use the App for any unlawful purpose or in violation of these Terms.
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
• Interfere with or disrupt the App or any user’s use of the App.
• Artificially inflate trade counts, badges, follows, or referrals, or operate duplicate accounts.
• Solicit, harvest, or collect personal information from other users without their consent.
• Use the App’s messaging or follow features to send unsolicited commercial communications or spam.
• Copy, modify, or reverse engineer the App except as permitted by applicable law, or use the App or its content to train any machine-learning or artificial-intelligence model.
• Access, use, or interfere with the App, its systems, its data, or other users’ accounts in any way we have not authorized, including by automated means.

7. User Content and License

7.1 Your Content

“User Content” means any content you submit to or through the App, including plant listings, listing photos, profile photos, profile text, trade chat messages, event posts, and the plant species labels you confirm or correct. You retain all ownership rights in your User Content; we do not claim ownership of it.

7.2 No Pre-Screening

Fleuret does not pre-screen User Content. When you post content to the App, it appears immediately to its intended audience. You are solely responsible for what you post. Content that infringes a third party’s rights or violates these Terms may result in content removal, account action under Section 12, or legal liability to the affected party.

7.3 License to Fleuret

You grant Fleuret a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, reproduce, modify (e.g., resize and reformat images), display, distribute, and otherwise use your User Content solely for the purpose of operating, providing, improving, and promoting the App and, subject to your choices described in Section 9, training and improving Fleuret’s machine-learning models. This license terminates when you delete the relevant User Content or your account, except (a) for residual backup copies, (b) for content you have shared with other users, such as trade chat messages, which may remain visible to them until it is otherwise deleted, and (c) that it is irrevocable as to any machine-learning model trained before the termination, as further described in Section 4.1 of our Privacy Policy.

7.4 Your Representations

You represent and warrant that your User Content (a) is owned by you or you have all rights necessary to grant the license in Section 7.3; (b) does not infringe any third party’s intellectual property, privacy, or other rights; and (c) complies with these Terms and all applicable laws.

7.5 Our Right to Remove

We may, in our sole discretion and without notice, remove or restrict access to any User Content for any reason or no reason, including content that we believe violates these Terms, our policies, or applicable law, or that we believe is harmful to users or to Fleuret, whether or not it violates these Terms.

7.6 Feedback

If you send us suggestions or feedback about the App, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use that feedback for any purpose, without restriction or obligation to you.

8. Fleuret Intellectual Property

8.1 Ownership

The App, including its design, software, source code, databases, text (other than User Content), graphics, icons, the Fleuret plant-identification model and the methods and data used to build it, and the “Fleuret” name, are owned by Fleuret LLC or its licensors and are protected by U.S. and international copyright, trademark, trade secret, and other intellectual property laws.

8.2 Trademarks

FLEURET™ is a trademark of Fleuret LLC. You may not use it without our prior written permission, including in any way that is likely to cause confusion or that suggests Fleuret sponsors or endorses you or anything else. Other names and marks shown in the App, such as Apple, the App Store, and Google, belong to their respective owners.

8.3 License to Use the App

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use the App on a device you own or control, for your personal, non-commercial use. All rights not expressly granted are reserved.

9. Machine Learning and Plant Identification

9.1 Plant Identification

We use machine learning to help identify plant species from photos in the App. Plant identification runs entirely on your device. Your photos are not sent to us to identify a plant.

Helping improve our plant-ID model is optional and on by default. You can turn it off anytime in Settings, which deletes the plant-ID contributions (photo references and species labels) you’ve made.

Our Machine Learning and Model Training Privacy and Data information can be found in Section 4 of our Privacy Policy.

9.2 Data vs. Model

The model itself contains no individual user photos, only learned mathematical weights. The trained model is Fleuret’s proprietary intellectual property and may be used commercially, licensed, or transferred as a business asset in connection with a merger, acquisition or similar transaction involving Fleuret.

10. Third-Party Services and Content

The App relies on third-party services and may link to or interoperate with third-party websites, content, or services. We do not control, endorse, or assume responsibility for any third-party service or content, and your dealings with third parties are between you and that third party. Your use of any third-party service is governed by that third party’s terms.

11. Privacy

Your use of the App is also governed by our Privacy Policy, available at https://fleuret.app/privacy-policy. The Privacy Policy describes what information we collect, how we use and share it, and the choices you have. By using the App, you consent to the collection and use of your information as described in the Privacy Policy.

12. Reporting and Enforcement

12.1 How to Report

You may report a user or content through the App’s reporting tools or by emailing support@fleuret.app. For copyright complaints, follow the procedure in Section 14.

12.2 Enforcement

We review reports and take action in our reasonable discretion. Actions may include warnings, content removal, feature restrictions, temporary suspension, or permanent termination of your account. We may act without prior notice for serious violations. We are not obligated to take any particular action in response to any report, and absence of action in one case is not a precedent for any other.

13. Suspension and Termination

13.1 By You

You may stop using the App and delete your account at any time using Delete Account in the App’s Settings.

13.2 By Us

We may suspend or terminate your access to the App at any time, with or without notice, in our sole discretion and for any reason or no reason, including if you violate these Terms, our policies, or applicable law, if you engage in conduct we believe is harmful to other users, Fleuret, or any third party, or for business reasons such as discontinuing a feature or the App itself. Refunds of any Paid Subscription are handled by Apple under Section 3.2.

14. Copyright Infringement (DMCA)

Fleuret respects intellectual property rights and expects its users to do the same. If you believe that material on the App infringes a copyright you own or are authorized to enforce, you may submit a written DMCA notice to dmca@fleuret.app. To be effective, your notice must include: (a) your physical or electronic signature; (b) identification of the copyrighted work and the allegedly infringing material, in sufficient detail to permit us to locate it; (c) your contact information; (d) a good-faith belief statement that the use is not authorized by the copyright owner, its agent, or the law; and (e) a statement of accuracy and that you are authorized to act on the copyright owner’s behalf.

Counter Notification. If you believe your content was removed by mistake or misidentification, you may submit a written counter notification to the designated agent that includes: (a) your physical or electronic signature; (b) identification of the removed material and its prior location; (c) a good-faith statement that the removal was a mistake or misidentification; (d) your contact information; and (e) consent to the jurisdiction of the appropriate U.S. federal district court.

Misrepresentation. Under 17 U.S.C. § 512(f), knowingly misrepresenting that material is infringing, or that a removal was erroneous, may result in liability for damages, including costs and attorneys’ fees.

Repeat Infringers. It is our policy to disable and/or terminate accounts of users who are repeat infringers in appropriate circumstances. Fleuret reserves the right to define the criteria which will determine if a user is a “repeat infringer”. Without limiting Fleuret’s right to define “repeat infringer”, as a general rule three or more DMCA notices or “strikes” meets this definition. Fleuret will take into account all relevant facts and circumstances when determining whether or not termination is appropriate.

Fleuret reserves the right to terminate accounts that act against Fleuret’s terms of service, or community standards.

Our designated copyright agent is:

General questions should not be sent to the designated agent. For general questions, please use support@fleuret.app.

15. Disclaimers

The App is provided “as is” and “as available,” with all faults and without warranty of any kind. To the maximum extent permitted by law, Fleuret and its members, managers, officers, directors, employees, contractors, agents, affiliates, and licensors (the “Fleuret Parties”) disclaim all warranties, express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, and non-infringement.

Without limiting the foregoing, the Fleuret Parties make no warranty that the App will be uninterrupted, timely, secure, or error-free, or that results obtained from use of the App will be accurate or reliable.

No advice about plants. Plant identification results, care information such as watering reminders, and anything other users say about a plant are informational only and may be wrong. They are not a substitute for professional advice. Do not rely on the App to determine whether a plant is safe for humans or pets.

No vetting of users; no safety guarantee. Fleuret does not conduct background checks on users, does not verify any user’s identity or claims, and does not provide safety advice. You assume all risk in dealing with other users.

No Control over Third Parties. We also don’t control what people and others do or say, and we aren’t responsible for their (or your) actions or conduct (whether online or offline) or content (including unlawful or objectionable content). We also aren’t responsible for services and features offered by other people or companies, even if you access them through the App.

16. Limitation of Liability

To the maximum extent permitted by law, in no event will the Fleuret Parties be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, plants, or other intangible losses, arising out of or in connection with these Terms or your use of (or inability to use) the App, whether based on contract, tort (including negligence), strict liability, or any other legal theory, and whether or not the Fleuret Parties have been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you; in those jurisdictions, the Fleuret Parties’ liability is limited to the smallest amount permitted by law.

Our aggregate liability arising out of or relating to these Terms will not exceed the greater of $100 or the amount you have paid us in the past twelve months.

17. Indemnification

You agree to defend, indemnify, and hold harmless the Fleuret Parties from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees and costs) arising out of or in any way connected with: (a) your access to or use of the App; (b) your User Content; (c) your interactions or trades with other users, including any in-person meeting; (d) any plant you list, trade, or receive through the App; (e) your violation of these Terms or any applicable law; or (f) your violation of the rights of any third party. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense.

18. Disputes

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND FLEURET TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION AND LIMITS THE WAY YOU CAN SEEK RELIEF.

18.1 Informal Resolution

Before filing any arbitration claim, you agree to first contact us at legal@fleuret.app with a written description of the dispute, the relief you seek, and your contact information, and to attempt in good faith to resolve the dispute informally for at least sixty (60) days.

18.2 Binding Arbitration

You agree that any cause of action, legal claim, or dispute between you and us arising out of or related to these Terms or the App (“claim(s)”) that is not resolved through informal resolution must be resolved on an individual basis by arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, except as modified by these Terms.

The arbitration will be conducted in Boston, Massachusetts, or, at your election, in the U.S. County in which you reside, or by telephone or video conference. The arbitrator’s decision will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

Class actions and class arbitrations are not permitted; you and we may bring a claim only on your own behalf and cannot seek relief that would affect other Fleuret users.

The following claims don’t have to be arbitrated and may be brought in court: disputes related to intellectual property (like copyrights and trademarks), violations of our Platform Policy, or efforts to interfere with the App or engage with the App in unauthorized ways (for example, automated ways). In addition, issues relating to the scope and enforceability of the arbitration provision are for a court to decide.

This arbitration provision is governed by the Federal Arbitration Act.

18.3 Class-Action Waiver

You and Fleuret 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 or representative proceeding. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding. If this class-action waiver is found unenforceable, then the entirety of this Section 18 will be null and void as to the relevant Dispute.

18.4 Exceptions

Either party may (a) bring an individual claim in small-claims court for Disputes within its jurisdictional limits; (b) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights; and (c) pursue claims that, under applicable law, cannot be subject to a pre-dispute arbitration agreement.

18.5 Opt-Out

You may opt out of this Section 18 by sending a written opt-out notice to legal@fleuret.app within thirty (30) days of first accepting these Terms. The opt-out notice must include your name, the email address associated with your account, and a clear statement that you wish to opt out of arbitration.

19. Miscellaneous

19.1 Governing Law and Venue

These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict-of-laws principles. The state and federal courts located in Suffolk County, Massachusetts will have exclusive jurisdiction and venue over any dispute arising out of these Terms, and you consent to personal jurisdiction in those courts.

19.2 Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will provide notice through the App or by other reasonable means before the changes take effect. Your continued use of the App after the effective date of the updated Terms constitutes your acceptance of those updates. If you do not agree to the updated Terms, you must stop using the App.

19.3 Entire Agreement; Severability; No Waiver

These Terms, together with the Privacy Policy and any additional terms you agree to in connection with a specific feature, are the entire agreement between you and Fleuret regarding the App and supersede any prior agreements on that subject. If any provision of these Terms is held to be invalid or unenforceable, that provision will be limited to the minimum extent necessary, and the remaining provisions will remain in full force and effect. No failure or delay by Fleuret in exercising any right under these Terms will operate as a waiver of that right.

19.4 Assignment

You may not assign or transfer these Terms or any rights or obligations under them without our prior written consent. We may assign these Terms at any time without notice. Any attempted assignment in violation of this section is null and void.

19.5 Notices

We may give notices to you through the App, by email to the address associated with your account, or by other reasonable means. You may give notice to us at legal@fleuret.app (and, for IP infringement notices, to the designated agent in Section 14).

19.6 Force Majeure

We will not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including acts of God, natural disasters, fire, flood, pandemic or epidemic, war, terrorism, civil unrest, labor disputes, power failures, internet or telecommunications failures, cyberattacks or other malicious acts of third parties, failures or outages of any third-party service provider we rely on to operate the App, changes in law, or governmental action.

19.7 Contact

Questions about these Terms? Email support@fleuret.app for general questions or legal@fleuret.app for legal notices. The designated agent for copyright notices is identified in Section 14.