Last Updated: Monday, August 7, 2023

Terms of Service (ToS)

These Terms of Service ("Terms") govern your use of the MyciDB web application ("the Service"), provided by EI Louis POIROT--HATTERMANN ("we," "us," or "our"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, please refrain from using the Service.

Account Registration and User Responsibilities

1.1 Account Creation: To access the Service, you must create a user account. You agree to provide accurate, complete, and up-to-date information during the registration process. You are responsible for maintaining the confidentiality of your account credentials and are solely responsible for any activity that occurs under your account.

1.2 Eligibility: By using the Service, you affirm that you are at least 18 years old and capable of entering into a binding agreement. If you are accessing the Service on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms.

1.3 User Obligations: You agree to use the Service in compliance with all applicable laws and regulations. You are solely responsible for the accuracy, legality, and appropriateness of any content you upload or share on the Service. You must not engage in any activities that may infringe upon the rights of others or violate any laws.

Service Description

2.1 Functionality: The Service allows registered users to track and manage their mushroom cultivation process. Users can input information such as raw materials, spore prints, spawns, fruiting chambers, flushes, and notes. The Service provides tools and features to assist users in monitoring their cultivation progress.

2.2 User-Generated Content: Users may upload and share content within the scope of their mushroom cultivation activities, such as pictures of spore prints, spawns, liquid cultures, fruiting chambers, and related materials. By uploading content, you grant us a non-exclusive, worldwide, royalty-free license to use, display, reproduce, modify, and distribute the content solely for the purpose of providing the Service.

Prohibited Use

3.1 Illegal Mushroom Cultivation: The Service must not be used for any illegal activities, including the cultivation of mushrooms that are deemed illegal in your country or jurisdiction. By using the Service, you agree not to engage in any unlawful activities and accept full responsibility for complying with the laws and regulations applicable to your mushroom cultivation practices.

3.2 Content Guidelines: You agree to upload and share content that is directly related to your mushroom cultivation activities. You must not upload or distribute any content that is defamatory, abusive, obscene, infringing, deceptive, or otherwise objectionable. You must also ensure that your content does not violate the intellectual property rights of others.

3.3 Compliance with Applicable Laws: You are responsible for understanding and complying with all laws and regulations that apply to your use of the Service. It is your obligation to ensure that your use of the Service is legal in your country or jurisdiction.

Payment and Subscription

4.1 Subscription Plans: The Service offers multiple subscription plans with varying features and capabilities. Each subscription plan allows for a specific level of parallelization, which determines the number of simultaneous spawns, liquid cultures, and fruiting chambers users can manage. Details of the available plans, their features, and pricing are outlined on the MyciDB website.

4.2 Payment Processing: We utilize third-party payment processors, such as Stripe, to handle subscription payments. By subscribing to a plan, you authorize us to charge the applicable fees through the chosen payment processor. You agree to provide accurate and complete payment information and maintain valid payment credentials throughout the duration of your subscription.

4.3 Subscription Cancellation: You may cancel your subscription at any time by accessing the cancellation option provided through the Stripe interface. Upon cancellation, you will retain access to the Service until the end of your current billing period, after which your subscription will not be renewed.

Limitation of Liability

5.1 Disclaimer of Warranties: The Service is provided on an "as is" and "as available" basis. We make no warranties or representations regarding the accuracy, reliability, availability, or suitability of the Service. We disclaim all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

5.2 Limitation of Liability: To the fullest extent permitted by applicable law, we shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, data, or other intangible losses arising out of or in connection with your use or inability to use the Service.

General Provisions

6.1 Modification of Terms: We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting the revised Terms on the Service. Your continued use of the Service after the posting of the revised Terms constitutes your acceptance of such changes.

6.2 Governing Law and Jurisdiction: These Terms shall be governed by and construed in accordance with the laws of the state of California, USA, without regard to its conflict of law principles. Any disputes arising out of or relating to these Terms or the use of the Service shall be subject to the exclusive jurisdiction of the courts located in California.

6.3 Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

6.4 Entire Agreement: These Terms constitute the entire agreement between you and EI Louis POIROT--HATTERMANN regarding the Service and supersede all prior and contemporaneous agreements, understandings, or representations, whether oral or written.


Privacy Policy

This Privacy Policy ("Policy") describes how EI Louis POIROT--HATTERMANN ("we," "us," or "our") collects, uses, and protects the personal information obtained from users ("you" or "your") of the MyciDB web application ("the Service"). By accessing or using the Service, you agree to the terms and practices outlined in this Policy. If you do not agree to this Policy, please refrain from using the Service.

Information We Collect

1.1 Personal Information: During the registration process, we collect certain personal information from you, which may include your username (pseudonym), email address, password, and timezone. We may also collect additional information you choose to provide voluntarily, such as your profile picture or other details related to your mushroom cultivation activities.

1.2 Usage Information: We collect information about your use of the Service, including but not limited to your interactions with the application, the content you upload or share, and your preferences and settings.

1.3 Cookies and Tracking Technologies: We may use cookies, web beacons, and similar tracking technologies to collect information automatically as you navigate and interact with the Service. This information may include your IP address, browser type, device information, and referring/exit pages.

Use of Information

2.1 Service Provision: We use the personal information you provide to create and maintain your user account, enable your access to the Service, and provide the functionality and features of the Service.

2.2 Communication: We may use your email address to send you service-related communications, such as account updates, technical notices, and administrative messages. We may also send you promotional or marketing emails if you have provided your consent to receive such communications.

2.3 Personalization: We may use the information we collect to personalize your experience on the Service, including tailoring content, recommendations, and advertisements based on your preferences.

2.4 Aggregated Data: We may aggregate and anonymize the data we collect to generate statistical or analytical insights for internal purposes, such as improving the Service, conducting research, and analyzing trends.

Data Sharing and Disclosure

3.1 Service Providers: We may engage third-party service providers to assist us in delivering and improving the Service. These service providers have access to your personal information solely for the purposes of performing tasks on our behalf and are obligated to maintain the confidentiality and security of your information.

3.2 Legal Requirements: We may disclose your personal information if we believe such disclosure is necessary to comply with applicable laws, regulations, legal processes, or governmental requests. We may also disclose your information to enforce our rights, investigate potential violations, or protect the security and integrity of the Service.

3.3 Business Transfers: In the event of a merger, acquisition, or sale of all or a portion of our assets, your personal information may be transferred as part of the transaction. We will notify you via email or prominent notice on the Service before your information is transferred and becomes subject to a different privacy policy.

Data Security

4.1 Security Measures: We implement reasonable security measures to protect your personal information from unauthorized access, disclosure, alteration, or destruction. However, please note that no method of transmission or storage is completely secure, and we cannot guarantee the absolute security of your information.

4.2 User Responsibilities: You are responsible for maintaining the security and confidentiality of your account credentials. Please ensure that you choose a strong and unique password, avoid sharing your password with others, and promptly notify us of any suspected unauthorized access to your account.

Your Rights and Choices

5.1 Account Information: You can access and update your account information by logging into your user account on the Service. You may also request the deletion of your account and personal information by contacting us through the provided channels.

5.2 Marketing Communications: If you no longer wish to receive promotional or marketing emails from us, you can unsubscribe by following the instructions provided in the email or by adjusting your email preferences in your account settings.

Children's Privacy

6.1 Age Limitations: The Service is not intended for individuals under the age of 18. We do not knowingly collect personal information from children. If you believe that we have inadvertently collected personal information from a child, please contact us immediately, and we will take steps to delete such information.

Changes to this Privacy Policy

7.1 Policy Updates: We reserve the right to modify or update this Policy at any time. Any changes will be effective immediately upon posting the revised Policy on the Service. Your continued use of the Service after the posting of the revised Policy constitutes your acceptance of such changes.

Contact Us

If you have any questions, concerns, or inquiries regarding this Policy or our privacy practices, please contact us at [email protected].


Disclaimer

The information and services provided by MyciDB ("the Service") are subject to the terms and conditions set forth in this Disclaimer. By accessing or using the Service, you agree to the terms and practices outlined in this document. If you do not agree to this Disclaimer, please refrain from using the Service.

No Warranty

1.1 Service "As Is": The Service is provided on an "as is" and "as available" basis, without any warranties or representations, expressed or implied. We make no warranties or guarantees regarding the accuracy, reliability, completeness, timeliness, or suitability of the information and services provided through the Service.

1.2 No Endorsement: Any opinions, advice, statements, or other information expressed or made available by third parties through the Service are those of their respective authors and not necessarily endorsed by MyciDB. We do not warrant the accuracy, reliability, or legality of any such content.

Limitation of Liability

2.1 Exclusion of Damages: To the fullest extent permitted by applicable law, in no event shall MyciDB or its affiliates, directors, officers, employees, agents, or licensors be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, data, or other intangible losses arising out of or in connection with your use or inability to use the Service.

2.2 Limitation of Liability: MyciDB's total liability for any claim arising out of or related to the Service shall not exceed the amount paid by you, if any, for accessing or using the Service during the six (6) months preceding the claim.

Third-Party Websites and Content

3.1 External Links: The Service may contain links to third-party websites, products, or services. These links are provided for your convenience only, and MyciDB does not have control over the content, policies, or practices of such websites. We do not endorse or make any representations about the accuracy, reliability, or legitimacy of any external links.

3.2 User Responsibility: You acknowledge and agree that any reliance on any information, materials, or content available through the Service is solely at your own risk. You are responsible for evaluating the accuracy, completeness, and usefulness of such information and for any actions you take based on it.

Indemnification

4.1 User Indemnity: You agree to indemnify, defend, and hold harmless MyciDB and its affiliates, directors, officers, employees, agents, and licensors from and against any and all claims, damages, liabilities, costs, and expenses arising out of or in connection with your use or misuse of the Service, your violation of any provisions of these Terms, or your violation of any rights of a third party.

Severability

5.1 Invalid Provisions: If any provision of this Disclaimer is found to be unenforceable or invalid under any applicable law, such provision shall be deemed modified or deleted to the extent necessary to comply with the law and the remaining provisions shall remain in full force and effect.

Governing Law

6.1 Jurisdiction: This Disclaimer shall be governed by and construed in accordance with the laws of France, without regard to its conflict of law principles. Any disputes arising out of or relating to this Disclaimer or the use of the Service shall be subject to the exclusive jurisdiction of the courts located in France.


Payment Terms

These Payment Terms ("Terms") govern your use of the paid subscription service provided by MyciDB ("the Service"). By subscribing to a paid plan and using the Service, you agree to the terms and practices outlined in this document. If you do not agree to these Terms, please refrain from using the paid features of the Service.

Subscription Plans and Fees

1.1 Subscription Plans: We offer various subscription plans for accessing and utilizing the features and functionalities of the Service. Each plan may have different levels of access, parallelization capabilities, and other benefits. The details of each plan, including the fees, are available on our website or through the Service.

1.2 Fee Changes: We reserve the right to modify the fees for the subscription plans at any time. Any changes to the fees will be effective upon the renewal of your subscription.

Payment Processing

2.1 Third-Party Payment Processor: We utilize a third-party payment processor, Stripe, to handle the payment transactions for the Service. By subscribing to a plan, you authorize us to charge the applicable fees through the chosen payment processor. You agree to provide accurate and complete payment information and maintain valid payment credentials throughout the duration of your subscription.

2.2 Automatic Renewal: Unless you cancel your subscription before the end of the current billing period, your subscription will automatically renew for the same duration as your initial subscription. You will be charged the applicable fees for the renewal period.

Billing and Invoicing

3.1 Billing Cycles: The subscription fees are billed on a recurring basis according to the selected billing cycle (e.g., monthly, annually). The billing cycle begins on the date of your initial subscription and continues until the subscription is canceled or terminated.

3.2 Payment Authorization: By providing your payment information, you authorize us to charge the applicable fees for your subscription on a recurring basis, according to the chosen billing cycle.

3.3 Invoice Delivery: We may provide electronic invoices for your subscription fees. The invoices will be sent to the email address associated with your account.

Subscription Cancellation

4.1 Cancellation by You: You may cancel your subscription at any time by accessing the cancellation option provided through the Stripe interface. Upon cancellation, you will retain access to the Service until the end of your current billing period, after which your subscription will not be renewed.

4.2 No Refunds: Please note that we do not provide refunds or credits for any unused portion of the subscription period.

Modifications and Termination

5.1 Modification of Plans: We reserve the right to modify or discontinue any subscription plan or feature of the Service at any time. If a modification or discontinuation occurs, we will provide reasonable notice to affected subscribers.

5.2 Termination: We may terminate your subscription and access to the Service immediately and without prior notice if you breach any provisions of these Terms or violate any applicable laws or regulations.

Additional Terms

6.1 Third-Party Fees: You are responsible for any fees, charges, or penalties imposed by third-party payment processors or financial institutions in connection with your use of the Service and payment transactions.

Contact Us

If you have any questions, concerns, or inquiries regarding these Payment Terms or our payment practices, please contact us at [email protected].


Intellectual Property (IP) Policy

This Intellectual Property (IP) Policy ("Policy") governs the ownership, protection, and permitted uses of the intellectual property assets associated with MyciDB ("the Service"). By accessing or using the Service, you agree to comply with this Policy. If you do not agree to this Policy, please refrain from using the Service.

Ownership of Intellectual Property

1.1 Website and Content: All intellectual property rights, including but not limited to copyrights, trademarks, trade secrets, and patents, associated with the MyciDB website, user interface, designs, logos, and any other related content or materials, are the exclusive property of MyciDB or its licensors.

1.2 User Content: You retain ownership of any content you upload or submit to the Service ("User Content"). By uploading or submitting User Content, you grant MyciDB a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, and display the User Content solely for the purpose of providing and improving the Service.

Use of Intellectual Property

2.1 Permitted Uses: You are granted a limited, non-transferable, non-exclusive license to access and use the Service and its associated intellectual property assets, solely for your personal or internal business purposes in accordance with these Terms and any additional agreements between you and MyciDB.

2.2 Restrictions: You may not, without prior written consent from MyciDB:

a. Modify, reproduce, distribute, or create derivative works based on the Service or its intellectual property assets; b. Reverse engineer, decompile, or disassemble any part of the Service; c. Remove or modify any copyright, trademark, or other proprietary notices displayed on the Service or its content; d. Use any automated means, including spiders, robots, or data mining tools, to access, monitor, or extract data from the Service; e. Use the Service in any way that infringes upon the intellectual property rights of others or violates any applicable laws or regulations.

3.1 Reporting Infringements: MyciDB respects the intellectual property rights of others. If you believe that your copyrighted work has been infringed upon by any content on the Service, please notify us promptly by providing the following information:

a. A description of the copyrighted work that you claim has been infringed; b. Sufficient information to locate the allegedly infringing material on the Service; c. Your contact information, including your name, address, telephone number, and email address; d. A statement that you have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law; e. A statement, made under penalty of perjury, that the information provided in your notice is accurate, and that you are the copyright owner or authorized to act on behalf of the copyright owner.

Trademarks

4.1 Trademark Usage: The trademarks, service marks, logos, and trade names associated with MyciDB ("Trademarks") are protected under applicable trademark laws. You may not use any of the Trademarks without the prior written permission of MyciDB or the respective trademark owner.

Confidential Information

5.1 Protection of Confidential Information: During your use of the Service, you may have access to confidential or proprietary information of MyciDB. You agree to maintain the confidentiality of such information and use it solely for the purposes of utilizing the Service. You shall not disclose, reproduce, or distribute any confidential information without prior written consent from MyciDB.

Modifications and Termination

6.1 Modification of Policy: MyciDB reserves the right to modify or update this IP Policy at any time. Any changes will be effective upon posting the revised Policy on the MyciDB website.

6.2 Termination: MyciDB may terminate your access to the Service if you violate this IP Policy or engage in any activity that infringes upon the intellectual property rights of MyciDB or third parties.


Governing Law and Jurisdiction

These Terms of Service, Privacy Policy, and any disputes arising out of or relating to the use of MyciDB ("the Service") shall be governed by and construed in accordance with the laws of France without regard to its conflict of law provisions.

Any legal action, suit, or proceeding arising out of or relating to these documents or the use of the Service shall be commenced exclusively in the courts located in France. You hereby consent to the personal jurisdiction and venue of such courts and waive any objections to the exercise of jurisdiction over you by such courts.