Terms of service

Last Updated on January 18, 2024

VEGO GARDEN, INC. (“COMPANY”, “WE”, OR “US”), MAKES ITS WEBSITES, MOBILE APPLICATIONS AND ONLINE SERVICES ACCESSIBLE TO YOU AT https://vego.com. PLEASE READ THESE TERMS OF USE (“AGREEMENT” OR “TERMS”) CAREFULLY BEFORE USING THE PRODUCTS AND SERVICES OFFERED BY US. BY VISITING THE WEBSITE OR ANY OTHER WEBSITES OF THE COMPANY, DOWNLOADING A COMPANY MOBILE APPLICATION (EACH, AN “APPLICATION”) , COMPLETING THE REGISTRATION PROCESS, CLICKING ON THE “I ACCEPT” (OR SIMILAR) BUTTON, OR USING THE SERVICES IN ANY MANNER, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY AND A PARTY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS. USE OF COMPANY’S SERVICES IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS. IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, YOU SHOULD LEAVE THE WEBSITE AND DISCONTINUE YOUR USE OF THE SERVICES IMMEDIATELY.

THIS AGREEMENT INCLUDES A CLASS ACTION WAIVER, A WAIVER OF JURY TRIALS, AND REQUIRES BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.

PLEASE NOTE THAT THIS AGREEMENT IS SUBJECT TO CHANGE BY COMPANY IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, we will post the newest version of the Agreement and update the “Last Updated” date above. If you are a registered user of the Services, we may also send you an email at the address you provided pursuant to this Agreement. We may require you to consent to the updated Agreement in a specified manner before further use of the Website, Application, or Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Website, Application, and/or the Services. Otherwise, your continued use of the Website,

Application, and/or Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT AGREEMENT.

By using our Services, you represent that you are at least 18 years old. If you are under 18 years of age, you may only use our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18, you agree to these Terms and to be fully responsible for the acts or omissions of such user.

ACCESS TO THE SERVICES.

The www.vego.com website, domain name and any other linked pages, subsites, features, or content (collectively, the “Website”), or application services, including without limitation any Applications, services and subscriptions enabled via the Website and Application or Company content on third-party social media services (together with the Website and Application, the “Services”) are owned and operated by Company. Subject to the terms and conditions of this Agreement, the Company hereby grants you a revocable, worldwide, nonexclusive, nontransferable, non-sublicensable right and license to: (a) access and use the Website, Application, and Services solely for your personal use; and (b) download, install and use a copy of the Application on the mobile devices you own and control. Company may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or Content. Company may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice, recourse, or liability. You may choose to use the Services in connection with the Company mosquito misting system or other products. (Collectively, “Products”). You may use the Services in connection with the Products only after you have purchased the applicable Products and read and accepted the terms of sale that accompany the Products(“Products Terms of Sale”) before using the Products or accessing the Services in connection with your use of the Products. Company will provide you with the Services for which you have registered on the Website, subject to the Terms of this Agreement. You agree to use the Website and Services at all times in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions set forth in this Agreement.

CONTACTING YOU.

• Text Messages. By opting in for our text marketing and notifications, entering your phone number in the checkout, making a purchase, or subscribing via our subscription form or a keyword, you agree that we may send you text notifications (for your order, including abandoned cart reminders) and text marketing offers. You acknowledge that consent is not a condition for any purchase. You affirm that you are the owner and/or primary user of all cellular telephone numbers you provide to us. If your cellular (or non-cellular) phone number changes, you will immediately notify us. Otherwise you will be liable for any and all loss, damage, and expenses incurred by the Company as a result. The Company is not responsible for any fees assessed by your cellular (or non-cellular) telephone provider for receipt of text messages or calls.

• Push Notifications: If you use the Application, you may receive push notifications such as information about products or services relevant to you. With your consent, we may send push notifications or alerts to your mobile device even when you are not logged in. At any time, you can manage your push notification preferences or deactivate these notifications by turning off the notification settings in the Application or in the device Settings of your mobile device. If you choose not to receive push notifications, you will still receive in-Application notifications.

• Marketing. Where required by law, we will obtain consent at the time of collection for email and affiliate marketing for products relevant to you. By providing your email and completing any legally-required consent, you consent to the sharing of your email with third parties who may market relevant products to you. Company may, from time to time, contact via email - newsletters, surveys, or other important direct communications. By agreeing to this Agreement you are agreeing to receive direct email communications from Company. You may opt out of receiving marketing emails at any time by clicking the unsubscribe link at the bottom of the email or following the procedures set forth in our Privacy Policy.

USER CONTENT.

Our Services may allow you and other users to create, post, store or share content, including messages, text, product reviews, photos, videos, audio and other materials (collectively, "User Content"). Except for the license you grant below, as between you and Company, you retain all rights in and to your User Content. You grant Company a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully-paid, and sub-licensable license to use, reproduce, modify, create derivative works from, distribute, publicly perform and publicly display your User Content, including any name, username or likeness provided in connection with your User Content, via the Services and through all media formats and channels now known or later developed without compensation to you. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason. You represent and warrant that you have all necessary rights to grant us the rights granted under this Section. Company may provide third-party content on our Services, including User Content, and may provide links to web pages and content of third parties (collectively, the “Third-Party Content”). Company does not endorse or adopt any Third-Party Content and can make no guarantee as to its accuracy or completeness. Company does not create, update, or monitor Third-Party Content and is not responsible for any Third-Party Content. You are responsible for deciding if you want to access or use Third-Party Content or applications that link from our Services. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through our Services are solely between you and such advertiser. Access and use of such Third-Party Content, including the materials, products or services on or available through any third party sites, is solely at your own risk.

USER CONDUCT

WARRANTY DISCLAIMER.

SPECIAL DISCLAIMER AND RELEASE.

You acknowledge and agree that the Website, Application, Content, Products, and Services are designed to enable end users to use our Products, and that such automation and subscription is controlled solely by the applicable end user. Accordingly, you acknowledge and agree that the Company shall not be liable for your use or misuse of the Website, Application, Content, Products, or Services, including, without limitation for, any water damage, excessive watering, under-watering, property damage (such as dead plants or grass), mudslides, sink holes, mold, mildew, fungi, or bacterial growth caused by your use of the Services or Products, or for any fines, fees or penalties levied by any governmental, or quasi-governmental agency, with respect to your use or misuse of the Services or Products. You shall indemnify, defend, and hold harmless for any actions, claims, damages, demands, judgments, liabilities, losses, penalties or settlements arising from the foregoing. You hereby release the Company, its affiliates and their respective directors, officers, employers, agents, successors and assigns from any claims, demands, any and all losses, damages, rights and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arise from your use of the Website, Application, Content, Products, or Services, including but not limited to property damage caused by overwatering or under-watering or soil imbalance, or any fines, fees, or penalties assessed by any governmental or quasi-governmental entity related to your watering activities. If you are a California resident, YOU EXPRESSLY WAIVE ANY RIGHTS YOU MAY HAVE UNDER CALIFORNIA CIVIL CODE § 1542 AS WELL AS ANY OTHER STATUTES OR COMMON LAW PRINCIPLES THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE ONLY THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING THIS RELEASE.

VIOLATION OF TERMS.

SHIPPING AND RISK OF LOSS.

We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the changes applicable to you before you make your purchase. Shipping dates and/or arrival times are only estimates. Unless we state otherwise in writing via the Services, risk of loss or damage to a Product passes to you upon delivery of the Product to our designated carrier. For loss/damage claims, you must notify us within 30 days of the date of your purchase if you believe all or part of your order is missing or damaged. Replacement of Products and credits to your account for shipped Products claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your account at our discretion. Repeated claims of undelivered Products may result in the cancellation of your membership at Company’s sole discretion.

FEES AND PAYMENT.

Although some of our Services are currently free to users, Company reserves the right to require payment of fees for certain or all Services. You agree to pay all applicable fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. You must provide the Company with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) or PayPal account (“Payment Provider”) as a condition to signing up for certain Services. Your Payment Provider agreement governs your use of the designated credit card, and you must refer to that agreement and not this Agreement to determine your rights and liabilities. By providing the Company with your credit card number or PayPal account information, and associated payment information, you agree that Company is authorized immediately to invoice your account for all fees and charges due and payable to Company hereunder and that no additional notice or consent is required. You agree to immediately notify Company of any change in your billing address or the credit card or PayPal account used for payment hereunder. Company reserves the right to change its fees and charges and to institute new fees and/or charges at any time, upon notice to you, which may be sent by email or posted on the Website or within the Application. Your use of the Services following such notification constitutes your acceptance of any new or increased charges. Any fees paid hereunder are non-refundable.

PROMOTIONAL TRIALS AND SUBSCRIPTIONS.

RETURNS AND REFUNDS.

If you are not satisfied with our Products for any reason, you must notify us and return the Products to Company in its original condition and packaging on or within 30 days of the original date of purchase and receive a full refund, subject to the following limitations: (i) the Products must have been purchased from the Website. (ii) Company, in its sole discretion, will determine if the Products is in its original condition when returned. (iii) We do not accept returns or provide refunds to mosquito repellent products. Other than as expressly set forth above, at Company’s discretion, a refund may be issued without requiring a return. In this situation, Company does not take title to the refunded item.

REGISTRATION AND SECURITY.

INDEMNITY.

You will defend, indemnify, and hold Company, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to the Services or Products, use of the Services or Products, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.

LIMITATION OF LIABILITY.

THIRD PARTY WEBSITES.

Company may provide third-party content on our Services, including User Content, and may provide links to web pages and content of third parties (collectively, the “Third-Party Content”). Company does not endorse or adopt any Third-Party Content and can make no guarantee as to its accuracy or completeness. Company does not create, update, or monitor Third-Party Content and is not responsible for any Third-Party Content. You are responsible for deciding if you want to access or use Third-Party Content or applications that link from our Services. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through our Services are solely between you and such advertiser. Access and use of such Third-Party Content, including the materials, products or services on or available through any third party sites, is solely at your own risk.

TERMINATION.

This Agreement, or any version of it as modified by us, shall remain in full force and effect while you use the Services unless terminated earlier by the company. You may terminate your use of the Services at any time; provided that, you will not be entitled to a refund of any prepaid or unused fees and you shall be permitted to continue to use the Services until the end of the applicable subscription term. Company reserves the right, without notice and in our sole discretion, to terminate your right to access or use our Services or to discontinue all or a part of the Services. We are not responsible for any loss or harm related to your inability to access or use our Services; provided that, in the event the Company terminates this Agreement without cause, you will be permitted to continue to use the Services until the end of the applicable subscription term, or a refund of any prepaid and unused fees (as determined by the Company at its option). Upon termination of your account, your right to use the Services, access the Website, Application, and any Company Content will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, indemnities, warranty disclaimers, and limitations of liability.

MISCELLANEOUS.

For contractual purposes, you (i) consent to receive communications from Company in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights. The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation. If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. These Terms and any applicable Additional Terms constitute the entire agreement between you and the Company relating to your access to and use of our Services. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. This Agreement is not assignable, transferable, or sublicensable by you except with Company’s prior written consent. Company may transfer, assign, or delegate this Agreement and its rights and obligations without consent. Notwithstanding the foregoing, the parties acknowledge the existence and validity of certain Product Terms of Sale, which governs your use of the Products, if applicable. In the event of any conflict between this Agreement and the Product Terms of Sale, the Product Terms of Sale shall control with respect to the subject matter of such Product Terms of Sale only. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Company in any respect whatsoever.

GOVERNING LAW.

This Agreement shall be governed by and construed in accordance with the laws of the State of Texas and with the Federal Arbitration Act, without regard to the conflict of laws provisions thereof. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

DISPUTE RESOLUTION.

THIRD PARTY BENEFICIARIES.

YOU ACKNOWLEDGE THAT EACH OF THE COMPANY’S AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, LICENSEES, AND SUPPLIERS IS AN INTENDED THIRD PARTY BENEFICIARY OF YOUR RELEASES, WAIVERS AND COVENANTS GIVEN IN THIS AGREEMENT AND THAT APPLE INC. AND GOOGLE LLC. AND THEIR RESPECTIVE SUBSIDIARIES ARE INTENDED THIRD PARTY BENEFICIARIES OF YOUR RELEASES, WAIVERS AND COVENANTS IN THE APPLE REQUIRED TERMS AND IN THE ADDITIONAL TERMS REQUIRED BY GOOGLE, LLC., RESPECTIVELY. SUBJECT TO THE FOREGOING, NOTHING IN THIS AGREEMENT IS INTENDED TO CONFER ANY RIGHT, REMEDY, CAUSE OF ACTION OR LIABILITY ON ANY PERSON OTHER THAN THE COMPANY AND ITS SUCCESSORS AND ASSIGNS AND YOU.

APP STORES.

You acknowledge and agree that the availability of the Applications and the Services enabled thereby is dependent on the third party from whom you received the Application license, i.e. the Apple App Store or Google Play (collectively, the “App Store”). You acknowledge that the Agreement is between you and Company and not the App Store. Company, not the App Store, is solely responsible for the Website, Applications, and Services, the content thereof, maintenance, support services, and warranty therefore, and addressing any claims relating thereto (e.g. product liability, legal compliance, or intellectual property infringement). In order to use the Applications, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Apps and/or Services. You agree to comply with, and your license to use the Application(s) is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g. the App Store’s terms and policies) when using the Application(s).

PRODUCTS AND SOFTWARE.

You may not use, export, import, or transfer the Application except as authorized by U.S. law, the laws of the jurisdiction in which you obtained Application, and any other applicable laws. In particular, but without limitation, the Application may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Application, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Application for any purpose prohibited by U.S. law, including the development, design, manufacture, or production of missiles, or nuclear, chemical, or biological weapons. You acknowledge and agree that products, services, or technology provided by Company are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Company products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.

TERMS FOR IOS USERS.

ADDITIONAL TERMS RELEVANT TO GOOGLE INC.

THESE TERMS OF USE CONSTITUTE A LICENSE AGREEMENT IN LIEU OF ANY LICENSE GRANT PROVIDED BY GOOGLE TO USE THE APPS ON A SUPPORTED DEVICE. A “SUPPORTED DEVICE” IS A COMBINATION OF A MOBILE DEVICE RUNNING ANDROID SOFTWARE AND AN ANDROID SOFTWARE VERSION(S) THAT IS SUPPORTED BY THE COMPANY MOBILE APPLICATION. THESE TERMS OF USE ARE MADE BETWEEN YOU AND THE COMPANY ONLY, AND NOT WITH GOOGLE. THE COMPANY IS SOLELY RESPONSIBLE FOR THE COMPANY MOBILE APPLICATION. THE GOOGLE PLAY MARKETPLACE IS OWNED AND OPERATED BY GOOGLE INC. YOUR USE OF GOOGLE PLAY IS GOVERNED BY A LEGAL AGREEMENT BETWEEN YOU AND GOOGLE CONSISTING OF THE GOOGLE TERMS OF SERVICE (FOUND AT HTTP://WWW.GOOGLE.COM/ACCOUNTS/TOS) AND THE GOOGLE PLAY TERMS OF SERVICE (FOUND AT HTTPS://PLAY.GOOGLE.COM/INTL/EN-US_US/ABOUT/PLAY-TERMS.HTML) AND TOGETHER WITH THE GOOGLE TERMS OF SERVICE CALLED THE “TERMS”). THE GOOGLE PLAY TERMS OF SERVICE AND GOOGLE TERMS OF SERVICE SHALL TAKE PRECEDENCE IN THAT ORDER IN THE EVENT OF A CONFLICT BETWEEN THEM, TO THE EXTENT OF SUCH CONFLICT. THE COMPANY IS SOLELY RESPONSIBLE FOR PROVIDING, AND GOOGLE HAS NO OBLIGATION TO PROVIDE, MAINTENANCE AND SUPPORT FOR THE COMPANY MOBILE APPLICATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GOOGLE WILL HAVE NO WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE COMPANY MOBILE APPLICATION, AND WILL NOT BE LIABLE FOR ANY CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY. GOOGLE SHALL NOT BE RESPONSIBLE FOR ADDRESSING ANY CLAIMS BY YOU OR ANY THIRD PARTY RELATING TO THE COMPANY MOBILE APPLICATION OR YOUR POSSESSION AND/OR USE OF THE COMPANY MOBILE APPLICATION, INCLUDING BUT NOT LIMITED TO (I) PRODUCT LIABILITY CLAIMS, (II) ANY CLAIM THAT THE COMPANY MOBILE APPLICATION FAILS TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT, OR (III) CLAIMS ARISING UNDER CONSUMER PROTECTION OR SIMILAR LEGISLATION. GOOGLE SHALL NOT BE RESPONSIBLE FOR THE INVESTIGATION, DEFENSE, SETTLEMENT OR DISCHARGE OF ANY CLAIM THAT THE COMPANY MOBILE APPLICATION OR YOUR POSSESSION AND USE THEREOF INFRINGES A THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. YOU REPRESENT AND WARRANT THAT (I) THE SERVICE(S) WILL NOT BE DOWNLOADED OR USED IN, OR TRANSPORTED TO, A COUNTRY THAT IS SUBJECT TO A UNITED STATES GOVERNMENT EMBARGO OR HAS BEEN DESIGNATED BY THE UNITED STATES GOVERNMENT AS A “TERRORIST-SUPPORTING” COUNTRY, AND (II) YOU ARE NOT LISTED ON ANY UNITED STATES GOVERNMENT LIST OF PROHIBITED OR RESTRICTED PARTIES. FOR THE IMPROVEMENT OF GOOGLE PLAY, GOOGLE MAY COLLECT CERTAIN USAGE STATISTICS FROM GOOGLE PLAY AND YOUR SUPPORTED DEVICE, INCLUDING BUT NOT LIMITED TO, INFORMATION ON HOW GOOGLE PLAY AND YOUR SUPPORTED DEVICE ARE BEING USED. THE DATA COLLECTED IS EXAMINED IN THE AGGREGATE TO IMPROVE GOOGLE PLAY FOR USERS AND DEVELOPERS AND IS MAINTAINED IN ACCORDANCE WITH GOOGLE’S PRIVACY POLICY. WE CAN NEITHER CONTROL NOR ARE RESPONSIBLE FOR THE PRIVACY PRACTICES OF GOOGLE. TO ENSURE THE IMPROVEMENT OF THE COMPANY MOBILE APPLICATION, LIMITED AGGREGATE DATA MAY BE AVAILABLE FROM GOOGLE TO THE COMPANY UPON THE COMPANY’S WRITTEN REQUEST. REMOVAL OF THE COMPANY MOBILE APPLICATION. THE COMPANY OR GOOGLE INC. MAY, AT ANY TIME AND WITHOUT NOTICE, RESTRICT, INTERRUPT OR PREVENT USE OF THE VEGO MOBILE APPLICATION, OR DELETE THE VEGO MOBILE APPLICATION FROM YOUR SUPPORTED DEVICE, WITHOUT ENTITLING YOU TO ANY REFUND, CREDIT OR OTHER COMPENSATION FROM THE COMPANY OR ANY THIRD PARTY (INCLUDING, BUT NOT LIMITED TO, GOOGLE INC. OR YOUR NETWORK CONNECTIVITY PROVIDER).