PlantGuard ("the Service") is a Shopify application that provides informational reference data about U.S. state and federal agricultural shipping restrictions for live plant products. The Service checks products tagged by the merchant against a database of known restrictions and may block, warn, or log checkout attempts based on merchant-configured settings.
The Service does not constitute legal, regulatory, or agricultural compliance advice. PlantGuard is an informational tool only. The restriction database is compiled from publicly available government sources and may be incomplete, outdated, or inaccurate. You must independently verify compliance with all applicable federal, state, and local laws before shipping any plant product.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, OR NON-INFRINGEMENT. PLANTGUARD DOES NOT WARRANT THAT THE RESTRICTION DATABASE IS COMPLETE, ACCURATE, OR CURRENT. WE DO NOT GUARANTEE THAT THE SERVICE WILL PREVENT ALL RESTRICTED SHIPMENTS OR THAT IT WILL NOT INCORRECTLY BLOCK PERMITTED SHIPMENTS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PLANTGUARD AND ITS OPERATORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.
IN NO EVENT SHALL PLANTGUARD'S TOTAL AGGREGATE LIABILITY EXCEED THE AMOUNT YOU PAID FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. THIS LIMITATION APPLIES WHETHER THE CLAIM IS BASED IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY.
Without limiting the above, PlantGuard shall have no liability for:
By using PlantGuard, you acknowledge and agree that:
You agree to indemnify, defend, and hold harmless PlantGuard, its operators, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; or (d) any shipment of plants or plant products made by you or on your behalf.
The PlantGuard restriction database is compiled from publicly available government sources including USDA APHIS, state departments of agriculture, and related regulatory agencies. We make reasonable efforts to keep this data current but cannot guarantee real-time accuracy. Regulations may change without notice, and there may be a delay between a regulatory change and its reflection in our database.
PlantGuard is offered as a paid subscription through Shopify's billing system. Charges are billed monthly through your Shopify account. A free trial period is provided for new installations so you can evaluate the Service before being charged.
You may cancel at any time by uninstalling the app from your Shopify admin. Cancellation takes effect immediately — you will not be charged for subsequent billing periods. Upon uninstallation, your subscription ends and all shop-specific data is deleted within 48 hours.
ALL SUBSCRIPTION FEES ARE NON-REFUNDABLE. No refunds or credits will be issued for partial months of service, unused features, or periods where the app was installed but not actively used. The free trial period serves as your opportunity to evaluate the Service before committing to a paid subscription. Billing disputes are handled through Shopify's billing system in accordance with Shopify's policies.
We reserve the right to modify these Terms at any time. Continued use of the Service after changes are posted constitutes acceptance of the modified Terms. Material changes will be communicated through the app or via the email associated with your Shopify account.
ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF PLANTGUARD SHALL BE RESOLVED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") UNDER ITS COMMERCIAL ARBITRATION RULES. THE ARBITRATION SHALL BE CONDUCTED BY A SINGLE ARBITRATOR IN THE STATE OF COLORADO. THE ARBITRATOR'S DECISION SHALL BE FINAL AND BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION.
YOU AND PLANTGUARD AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR SHALL NOT HAVE THE POWER TO CONDUCT CLASS ARBITRATION OR CONSOLIDATE CLAIMS.
Notwithstanding the above, either party may seek injunctive or equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights. Claims within the jurisdiction of small claims court may be brought in small claims court in the State of Colorado instead of arbitration.
These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to conflict of law principles. The Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions in Section 10.
PlantGuard is operated by KB Consulting, a division of KB Drone Solutions LLC, a Colorado limited liability company. All references to "PlantGuard," "we," "us," or "our" in these Terms refer to KB Drone Solutions LLC doing business as KB Consulting.
For questions about these terms, contact us at: plantguard.support@gmail.com
Last updated: April 2026