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Fruitfool Terms of Service

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Last updated: 18th of August, 2025

 

Overview

These Terms of Service ("Terms") govern your use of the Fruitfool website and services operated by Juanita Schwalger trading as Fruitfool ("we," "us," or "our"). By creating an account or using our services, you agree to be bound by these Terms.

Fruitfool is a digital platform designed to help New Zealand hobby, lifestyle and small commercial fruit growers manage their fruit varieties, track harvests, and access growing information. Our services include personal variety lists, mapping functionality, and weather data, with features varying by membership tier.

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1. Membership Tiers and Services

1.1 Blueberry Basic (Free)

  • Save up to 6 fruit varieties with personal notes

  • Record harvest and pruning dates

  • Access to basic fruit variety information

1.2 Premium Peach (Premium Subscription - $4/mth)

  • Unlimited fruit varieties in your personal list

  • Personalised notifications for growing activities

  • My Map functionality for mapping tree locations

  • All Blueberry Basic features

  • Monthly or annual subscription fee applies

1.3 Elderberry Elite (Elite Subscription - $12/mth)

  • All Premium Peach features

  • My Weather service with localised weather data

  • Enhanced data export capabilities

  • Monthly or annual subscription fee applies

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2. Account Registration and Security

2.1 Account Requirements

  • You must be at least 13 years of age to create an account

  • You must provide accurate and complete registration information

  • You are responsible for maintaining the confidentiality of your account credentials

  • You must not share your login credentials with others

2.2 Account Responsibilities

  • You are solely responsible for all activity under your account

  • You must notify us immediately of any unauthorised access

  • You agree to maintain accurate account information and update it promptly when changes occur

 

3. Payment Terms and Billing

3.1 Subscription Fees

  • Premium Peach and Elderberry Elite require paid subscriptions

  • Fees are billed in New Zealand Dollars (NZD)

  • Payment is required in advance on a monthly or annual basis as selected

  • All fees are non-refundable except as required by New Zealand law

3.2 Cancellation and Downgrading

  • You may cancel your subscription at any time through your account settings

  • Access to premium features continues until the end of your current billing period

  • Downgrading from Premium Peach or Elderberry Elite to Blueberry Basic requires reducing saved varieties to 6 or fewer

  • Downgrading from Elderberry Elite results in loss of weather features

3.3 Price Changes

  • We reserve the right to modify subscription pricing with reasonable advance notice

  • Price changes will be communicated via email and website announcements

  • Continued use after price changes constitutes acceptance of new pricing

 

4. Data and Privacy

4.1 Your Content Ownership

  • You retain full ownership of all content you create, including variety lists, notes, and harvest records

  • Your variety lists and personal notes remain private to your account

  • We will never share your personal growing data with third parties without your consent

4.2 Privacy Compliance

  • We comply with New Zealand's Privacy Act 2020

  • Our Data Protection Officer is Juanita Schwalger (hello@fruitfool.co.nz)

  • We collect account information, usage data, and payment details solely to provide our services

4.3 Data Usage Rights

  • We may use anonymised, aggregated data for service improvements

  • We may use anonymised data for high-level generalisations about fruit growing trends in New Zealand

  • We may use anonymised data for high-level generalisations about variety popularity

  • Marketing communications require your explicit consent and you may unsubscribe at any time

4.4 Data Retention

  • Active accounts are retained while membership remains active

  • Free accounts are deleted after 2 years of inactivity (with 30 days advance notice)

  • Premium accounts are retained for 3 months after subscription cancellation

  • You may request account deletion at any time by contacting us

 

5. My Map and Weather Services (Premium Tiers)

5.1 My Map Functionality (Premium Peach and Elderberry Elite)

  • Available to both Premium Peach and Elderberry Elite subscribers

  • Allows mapping of fruit tree locations with GPS coordinates

  • Location data remains private to your account

  • Mapping functionality subject to service availability

5.2 My Weather Service (Elderberry Elite only)

 

5.2.1 Data Sources and Attribution

  • Weather data is provided by Tomorrow.io and Visual Crossing

  • We select the most local data source available to your coordinates or city

  • Data accuracy is typically within 2.5km for most locations

  • Data accuracy depends entirely on the availability and precision of third-party sources

 

5.2.2 Weather Data Disclaimers

IMPORTANT: All weather data is provided "AS-IS" without warranties of any kind

  • Weather data may be derived from various third-party sources with no guarantee of availability, accuracy, or suitability

  • Weather information is for general informational purposes only

  • DO NOT use this data for safety-critical decisions or where weather inaccuracy could cause harm to persons or property

  • For critical applications (aviation, marine safety, emergency planning), always consult official meteorological services

  • Weather forecasts are inherently uncertain and actual conditions may differ significantly from predictions

 

5.2.3 Weather Service Limitations

  • We are not liable for any decisions made based on weather data provided through our service

  • Weather data availability is subject to third-party service availability

  • We reserve the right to change weather data providers with reasonable notice

  • The current providers of weather data are Tomorrow.io and Visual Crossing

 

6. Service Terms and Limitations

6.1 Service Availability

  • Services are provided "as is" and "as available"

  • We strive for maximum availability but cannot guarantee uninterrupted access

  • We may temporarily suspend services for maintenance, updates, or technical issues

  • We reserve the right to modify or discontinue features with reasonable advance notice

6.2 Prohibited Uses

You agree not to:

  • Use the service for any illegal or unauthorised purpose

  • Violate any New Zealand laws or regulations

  • Share login credentials or allow unauthorised access to your account

  • Disrupt service operation or attempt to gain unauthorised access to our systems

  • Use the service for commercial purposes without our written permission

  • Transmit malicious code, viruses, or any harmful software

  • Collect or harvest personal information of other users

6.3 Content Guidelines

  • Content must comply with New Zealand law and these Terms

  • You may not post content that is defamatory, abusive, threatening, or discriminatory

  • We reserve the right to remove content that violates these guidelines

  • We may monitor user-generated content but are not obligated to do so

 

7. Limitation of Liability and Warranties

7.1 Disclaimer of Warranties

  • We provide no warranties regarding crop success, harvest outcomes, or growing results

  • Information provided is for educational and informational purposes only

  • We make no guarantees about the accuracy, completeness, or timeliness of information

  • You use all information and services at your own risk

7.2 Limitation of Liability

  • Our liability is limited to the amount you have paid for your membership in the 12 months preceding any claim

  • We are not liable for any crop losses, missed harvests, or agricultural damages

  • We are not responsible for decisions made based on information provided through our service

  • We disclaim liability for any indirect, incidental, special, or consequential damages

7.3 New Zealand Consumer Guarantees

  • Nothing in these Terms excludes, restricts, or modifies rights under the Consumer Guarantees Act 1993

  • Where the Consumer Guarantees Act applies, our liability is limited to the maximum extent permitted by law

 

8. Intellectual Property

8.1 Our Content

  • All content provided by Fruitfool, including text, images, and software, is our intellectual property

  • You may not reproduce, distribute, or create derivative works without our written permission

  • You are granted a limited, non-exclusive licence to use our content for personal, non-commercial purposes

8.2 User Content

  • You grant us a non-exclusive licence to use anonymised versions of your content for service improvement

  • You warrant that your content does not infringe third-party intellectual property rights

  • We respect intellectual property rights and will respond to valid infringement notices

 

9. Privacy Breach Response

In the event of a privacy breach affecting your personal information:

  • We will notify the New Zealand Privacy Commissioner within required timeframes

  • We will notify affected users of serious breaches as required by law

  • We will take immediate steps to contain and remedy any breach

  • We will cooperate fully with regulatory investigations

 

10. Termination

10.1 Termination by You

  • You may terminate your account at any time by canceling your subscription

  • Termination takes effect at the end of your current billing period

  • You remain responsible for all charges incurred prior to termination

10.2 Termination by Us

  • We may terminate accounts that violate these Terms

  • We may suspend or terminate service for non-payment

  • We will provide reasonable notice except in cases of serious violations

  • Upon termination, your access to premium features ceases immediately

 

11. Governing Law and Disputes

11.1 Governing Law

  • These Terms are governed by New Zealand law

  • Any disputes will be resolved in New Zealand courts

  • You consent to the jurisdiction of New Zealand courts

11.2 Dispute Resolution

  • We encourage resolution of disputes through direct communication

  • Formal disputes must be brought within one year of the event giving rise to the dispute

  • We will make reasonable efforts to resolve disputes amicably before litigation

 

12. Changes to Terms

12.1 Updates to Terms

  • We reserve the right to update these Terms at any time

  • Changes will be communicated via email and website announcements

  • Material changes will be provided with reasonable advance notice

  • Continued use of our service after changes constitutes acceptance

12.2 Notification

  • We will notify users of significant changes via their registered email address

  • It is your responsibility to maintain current contact information

  • Changes become effective on the date specified in our notice

 

13. General Provisions

13.1 Entire Agreement

  • These Terms constitute the entire agreement between you and Fruitfool

  • These Terms supersede any prior agreements or understandings

  • Any modifications must be in writing and signed by both parties

13.2 Severability

  • If any provision of these Terms is found unenforceable, the remainder remains in effect

  • Unenforceable provisions will be modified to the minimum extent necessary to make them enforceable

13.3 Waiver

  • Our failure to enforce any provision does not constitute a waiver of our rights

  • Waivers must be in writing to be effective

 

14. Contact Information

Fruitfool Data Protection Officer
Juanita Schwalger
Email: hello@fruitfool.co.nz

For questions about these Terms of Service, privacy concerns, or service issues, please contact us using the information above.

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These terms protect both your interests and ours while helping you grow better fruit. We look forward to serving you in that endeavour.

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