Legal
Terms of Service
Effective June 2026 · Last updated June 2026
1. Agreement
These Terms of Service ("Terms") govern your use of the products and services offered by Genetic Designs LLC ("Genetic Designs," "we," "us," "our"), including the Horta application and website, the 3D Genetic Designs storefront, and this website — together, the "Services." By using the Services, you agree to these Terms. If you do not agree, do not use the Services.
2. Eligibility
You must be at least 13 years old to use the Services. If you are under 18, you may use the Services only with the involvement of a parent or guardian. By using the Services, you represent that you meet these requirements.
3. Your account
You are responsible for your account and for keeping your credentials secure, and you are responsible for activity that occurs under your account. Notify us promptly of any unauthorized use.
4. Your content
You retain ownership of content you create or upload, such as plant entries, notes, and photos ("Your Content"). You grant us a non-exclusive, worldwide, royalty-free license to host, store, reproduce, and display Your Content as needed to operate and provide the Services — including displaying content you choose to make public, such as public plant cards. You are responsible for Your Content and represent that you have the rights to it.
5. Acceptable use
Do not misuse the Services. You agree not to: violate the law; infringe others' rights; upload harmful or malicious code; attempt to gain unauthorized access; scrape or place undue load on the Services; or use the Services to harass or harm others.
6. Tags and hardware
Some products include NFC or QR tags that link to the Services. Claiming and transferring tags is subject to the rules and limits within the Services. Physical products, including 3D-printed goods, are sold subject to their product descriptions and any sales terms presented at checkout.
7. Store orders (3D Genetic Designs)
Orders are subject to availability and to the prices and terms shown at checkout. Many items are made to order. Shipping, returns, and refunds are governed by the policies presented in the storefront at the time of purchase.
8. Plant-care information is not professional advice
Horta provides plant-care tracking, reminders, and informational guidance. This information is provided for general purposes only. It is not a guarantee of any plant's health or outcome, and it is not professional horticultural, agricultural, or other professional advice. You rely on it at your own discretion.
9. Intellectual property
The Services — including our software, branding, and content, but excluding Your Content — are owned by Genetic Designs or our licensors and are protected by applicable law. We grant you a limited, non-exclusive, non-transferable license to use the Services for their intended purpose.
10. Third-party services
The Services may link to or rely on third-party services, such as app stores, payment processors, and sign-in providers. We are not responsible for third-party services, and your use of them is subject to their terms.
11. Disclaimers
The Services are provided "as is" and "as available," without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or secure.
12. Limitation of liability
To the maximum extent permitted by law, Genetic Designs will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits or data, arising from your use of the Services. Our total liability for any claim relating to the Services will not exceed the greater of the amount you paid us in the 12 months before the claim or USD $100.
13. Indemnification
You agree to indemnify and hold Genetic Designs harmless from claims arising out of your use of the Services, Your Content, or your violation of these Terms.
14. Termination
You may stop using the Services at any time. We may suspend or terminate access if you violate these Terms or as needed to protect the Services. Provisions that by their nature should survive termination will survive, including ownership, disclaimers, limitation of liability, and indemnification.
15. Governing law and venue
These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules. For any dispute not subject to arbitration under Section 16, the exclusive venue is the state and federal courts located in Texas, unless applicable law requires otherwise.
16. Dispute resolution; binding arbitration and class action waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.
a. Informal resolution. Before starting an arbitration, you agree to first contact us at legal@geneticdesignsllc.com and describe the dispute so we can try to resolve it informally. If we cannot resolve it within 60 days, either party may proceed to arbitration.
b. Agreement to arbitrate. You and Genetic Designs LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by binding individual arbitration rather than in court, except that either party may instead bring an individual claim in small-claims court. This agreement is governed by the Federal Arbitration Act (FAA).
c. Procedure. The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, as modified by these Terms. The arbitration will take place in Fort Bend County, Texas, or, at your election, by telephone, by video, or on documents only. The arbitrator's decision will be final and binding.
d. Class action waiver. YOU AND GENETIC DESIGNS 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, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims or otherwise preside over any class proceeding.
e. Jury trial waiver. YOU AND GENETIC DESIGNS WAIVE ANY RIGHT TO A JURY TRIAL.
f. Right to opt out. You may opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing support@geneticdesignsllc.com with your name and a statement that you wish to opt out. Opting out does not affect the rest of these Terms.
g. Exceptions. This section does not apply to claims that by law cannot be subject to pre-dispute arbitration (for example, certain claims of sexual assault or sexual harassment), or to either party's right to seek injunctive relief for intellectual-property infringement.
h. Severability. If the class action waiver in (d) is found unenforceable as to a particular claim, that claim alone will be severed and decided in court, while the remaining claims proceed in arbitration.
17. Changes
We may update these Terms from time to time. We will post the updated version with a revised effective date; your continued use after changes means you accept them.
18. Contact
Genetic Designs LLC