Terms of Service
Welcome to Nimera. These Terms of Service govern your use of our garden planning application and related services. Please read them carefully before using the platform.
1. Acceptance of Terms
By accessing or using Nimera (available at nimera.garden), you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing the Service. Your continued use of the platform constitutes your acceptance of these terms.
These terms do not limit any statutory rights you may have as a consumer under applicable law in your country of residence, including rights arising under EU law such as the Digital Services Act and Directive 2019/770 on digital content and digital services.
2. Service Description
Nimera is a free web-based garden planning application designed to help gardeners organize and manage their gardening activities. The Service provides tools for:
- Tracking and cataloging seeds and plant varieties
- Planning garden layouts with interactive canvas tools
- Recording and monitoring plant growth and harvests
- Managing garden tasks and schedules
- Maintaining a garden journal
- Tracking garden tools and equipment
- Viewing weather data for your garden location
- And other garden management features
3. User Accounts
To use Nimera, you must create an account. When creating your account and using the Service, you agree to the following:
- You must provide a valid email address during registration
- You are solely responsible for maintaining the security of your password and account
- You must not share your account credentials with others; each account is intended for a single person
- You are responsible for all activity that occurs under your account
- You must notify us immediately of any unauthorized use of your account
Nimera reserves the right to suspend or terminate accounts that violate these Terms of Service, engage in abusive behavior, or compromise the security or integrity of the Service. Where reasonably practicable and not involving severe violations, we will endeavor to provide reasonable advance notice before taking such action. Notices will be sent to the email address associated with your account.
4. Intellectual Property
All content on nimera.garden — including source code, software, design, user interface, icons, images, graphics, weather visualizations, and documentation — is the exclusive property of Nimera and is protected by copyright and intellectual property laws.
The selection, arrangement, and compilation of plant and variety data in our database is protected as a sui generis database right under EU Directive 96/9/EC on the legal protection of databases, reflecting the substantial investment made in its creation. Underlying factual agronomic data (species names, botanical classifications, publicly available growing parameters) is not claimed as proprietary.
Users may not copy, reproduce, distribute, modify, create derivative works from, reverse engineer, decompile, or disassemble any part of the Service without prior written consent from Nimera. This includes:
- Copying or replicating the user interface design or visual layout
- Extracting or scraping database content using automated tools
- Reproducing or redistributing any code, assets, or documentation
- Creating derivative works based on any part of the Service
The Nimera name, logo, and all related brand elements are trademarks of Nimera and may not be used without prior written permission.
5. User Content
Users retain full ownership of the content they create and upload to Nimera, including garden plans, photographs, notes, journal entries, harvest records, and other personal data.
By uploading content to the Service, you grant Nimera a limited, non-exclusive, non-transferable license to store, display, and process your content solely for the purpose of providing and improving the Service. This license exists only for as long as your content remains on the platform.
Nimera will not sell, share, license, or otherwise distribute your content to third parties. Your data is yours.
6. Acceptable Use
When using Nimera, you agree not to:
- Use automated tools, bots, scrapers, or other automated means to access the Service or extract data
- Attempt to access, probe, or exploit other users' accounts or data
- Engage in any activity that disrupts, degrades, or interferes with the Service or its infrastructure
- Upload malicious code, viruses, or any harmful content
- Use the Service to violate any applicable local, national, or international laws or regulations
- Circumvent or attempt to circumvent any security measures or access controls
- Harvest, collect, or store personal data of other users
7. Disclaimers
The Service is provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Gardening information, plant data, growing recommendations, and any other guidance provided through Nimera is for general informational purposes only and does not constitute professional agricultural, horticultural, or botanical advice.
Nimera does not guarantee:
- Crop yields, plant survival, or gardening outcomes based on information provided by the Service
- The accuracy, completeness, or timeliness of weather data displayed in the application
- Uninterrupted or error-free operation of the Service
- That the Service will meet your specific requirements or expectations
Nothing in these disclaimers limits your statutory rights as a consumer under the applicable laws of your country of residence.
8. Limitation of Liability
To the maximum extent permitted by applicable law, Nimera and its owners, operators, and contributors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, or goodwill, arising out of or in connection with your access to or use of the Service.
In no event shall the total liability of Nimera to you exceed €50 (fifty euros). As Nimera is currently offered as a free service, this amount reflects a nominal cap that preserves the allocation of risk appropriate to a free-of-charge digital service.
Nothing in this clause excludes or limits liability for: death or personal injury caused by negligence; fraud or fraudulent misrepresentation; or any liability that cannot be excluded or limited under applicable EU consumer law.
9. Changes to Terms
Nimera reserves the right to modify or replace these Terms of Service at any time and at its sole discretion. When changes are made, the "Last updated" date at the top of this page will be revised accordingly.
Your continued use of the Service following the posting of any changes constitutes your acceptance of the revised terms. It is your responsibility to review these Terms periodically for updates.
10. Third-Party Data & Attribution
Weather forecasts and historical climate data provided by Open-Meteo, licensed under CC BY 4.0.
Contains modified Copernicus Climate Change Service information.
Weather data is provided on an "as-is" basis. Nimera does not guarantee the accuracy, completeness, or timeliness of any weather information displayed in the Service.
11. Governing Law & Contact
These Terms of Service shall be governed by and construed in accordance with the laws of the European Union and its member states, without regard to conflict of law principles.
Any disputes arising from or relating to these terms or the Service shall be subject to the jurisdiction of the competent courts in the EU member state where you reside. If you reside outside the European Union, both parties agree to resolve disputes through good-faith negotiation in the first instance, and failing that, through the competent courts of an EU member state mutually agreed upon.
If you are a consumer, you may also have the right to use alternative dispute resolution (ADR) schemes available in your country of residence. We are willing to participate in good-faith dispute resolution processes where appropriate. Please contact us first at [email protected] and we will do our best to resolve any issue directly.
If you have any questions about these Terms of Service, please contact us at: