What’s Fruiting: Terms of Service

Last updated: 4 August 2026

Welcome to What’s Fruiting. These terms are an agreement between you and CALH Trading Limited (“we”, “us”), and they apply whenever you use the What’s Fruiting app and website (the “Service”). You accept these terms and our Privacy Policy when you create an account during sign-up, and by using the Service. If you don’t agree, please don’t use the Service.

We’ve tried to keep these terms in plain language. The headings are for navigation, not legal effect.

1. What the Service is

What’s Fruiting helps you track, map, and plan the plants on your property: what’s planted, what’s fruiting and when, what’s in your nursery and on your wishlist, and where everything sits on a map of your land.

2. Your account

You need an account to save your data. You agree to:

• give us accurate account information and keep it up to date;
• keep your password secure (you’re responsible for activity on your account);
• be at least 16 years old, or the age of digital consent where you live.

A demo (“guest”) mode is available without an account. Data entered in guest mode is not saved to your account and may be lost at any time.

3. Your content

“Your content” means everything you add to the Service: plant records, notes, harvest logs, photos, and images of your property such as aerial photos, screenshots, and plans.

You own your content. We claim no ownership over it. You give us a limited licence to store, process, resize, and display your content, only as needed to operate and improve the Service for you. This licence ends when you delete the content or your account. Deletion from the service is immediate: we don’t keep separate backup copies of deleted content.

You’re responsible for your content and must have the right to upload it. That includes third-party imagery: check the licence terms of any map or aerial image source you use (for example, screenshots from mapping services may have their own usage terms).

4. Maps, measurements, and plant information

This section matters, so please read it:

• The map tools are not a survey. Property boundaries you draw, land areas you enter, the scale grid, and plant-size visualisations are approximations for garden planning only. They must not be relied on for legal boundary determination, resource or building consents, property transactions, or any purpose where accuracy matters legally or financially. For those, engage a licensed surveyor.
• Plant and harvest information is general guidance, not professional advice. Growth rates, mature sizes, and fruiting windows vary with climate, soil, and care. Nothing in the Service is horticultural, arboricultural, or safety advice. In particular, don’t rely on it for decisions about tree work near structures, powerlines, or boundaries.

5. Acceptable use

Don’t use the Service to do anything unlawful, to upload content you don’t have rights to, to upload malicious code, to attempt to access other people’s accounts or data, or to probe, overload, or disrupt the Service. We may suspend or close accounts that breach these terms.

6. Privacy

Our Privacy Policy explains what personal information we collect, why, and your rights under the Privacy Act 2020, including access to and correction of your information. You accept it together with these terms at sign-up, and it forms part of this agreement. Note that images of your property may themselves be personal information; we treat them as part of your content and handle them under that policy.

7. Availability and changes to the Service

The Service is provided on an “as is” and “as available” basis. We work hard to keep it running and to keep your data safe, but we don’t promise uninterrupted or error-free operation, and we may add, change, or remove features. If we ever discontinue the Service, we’ll give you at least 30 days’ notice and a way to export your data.

Please keep your own copies of anything irreplaceable (like original photos). The Service is a planning tool, not an archival backup service.

8. Third-party links and services

The Service links to third-party websites (for example, LINZ imagery and property information sites) and is built on third-party infrastructure. We don’t control those services and aren’t responsible for their content or availability. Your use of them is governed by their own terms.

9. Our intellectual property

The Service itself, including its software, design, and branding, belongs to us or our licensors. These terms don’t give you any rights in it other than the right to use the Service as intended.

10. Plans, payments, and billing

Plans. The Service has a free plan and paid plans:

• Free: up to 50 plants in total across your orchard, nursery, and wishlist, with core tracking features.
• Home Growers: up to 500 plants, the garden map and planning tools, bulk import and export, and early access to new features.
• Commercial Growers: everything in Home Growers, with no plant limit (subject to fair use, see below) and priority support.

Fair use. Commercial Growers’ “no plant limit” is subject to a fair-use cap of 5GB of compressed photo storage per account: photos, not plant records, are what actually uses meaningful storage. Photos are automatically compressed on upload, so 5GB comfortably covers many thousands of photos for real-world use. If you’re ever near the limit, we’ll contact you before restricting anything; this exists to prevent abuse, not to cap ordinary use.

Current prices are shown in the app before you subscribe. Prices are in New Zealand dollars, and include GST.

Billing. Paid plans are monthly subscriptions, billed in advance through our payment provider, Stripe. Your card details go directly to Stripe; we never see or store them (Privacy Policy, section 4). Subscriptions renew automatically each month until you cancel.

Beta pricing. While What’s Fruiting is in beta, Home Growers is free: subscribing starts a free period that runs until the beta ends, and we’ll tell you the end date before you could ever be charged. If you haven’t added a payment method by then, we’ll simply move you to the Free plan; nothing is deleted.

Cancelling. You can cancel any time via Manage billing in the app’s settings. Cancellation takes effect at the end of your current billing period, and you keep your paid features until then. We don’t refund the remainder of a part-used month, except where this section or consumer law says otherwise.

Refunds. If you’re not happy with your first paid month, email us within 14 days of your first payment and we’ll refund it. Nothing in this section limits your rights under the Consumer Guarantees Act (section 11).

If a payment fails. Stripe retries failed payments for about three weeks. If none succeed, your subscription is cancelled and your account moves to the Free plan. Moving to the Free plan never deletes your data. Everything you’ve added stays in your account, visible and editable; you just can’t add plants beyond the Free plan’s limit or use paid features until you resubscribe.

Discount codes. We sometimes issue discount codes. A code’s discount applies for as long as we said it would when we gave it to you. We can stop a code being redeemed by new subscribers at any time, but that won’t remove a discount you’re already receiving.

Price changes. We may change prices, but never retroactively and never mid-billing-period. We’ll give you at least the notice period in section 14 before a price change affects you, and if you don’t want to pay the new price you can cancel before it takes effect.

11. Consumer law

If you’re in New Zealand and using the Service for personal use, nothing in these terms limits your rights under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986. Where the Service is acquired for business purposes, you agree that the Consumer Guarantees Act does not apply.

12. Liability

To the maximum extent the law allows (and always subject to section 11):

• we are not liable for indirect or consequential loss, loss of profits, or loss of data;
• our total liability to you in connection with the Service is limited to the amounts you’ve paid us in the 3 months before the event giving rise to the claim.

Nothing in these terms excludes liability that cannot lawfully be excluded.

13. Ending things

You can stop using the Service at any time, and request account deletion via the Delete account button in Settings. This sends us your request by email, and we’ll confirm once deletion is complete. What happens to your data on deletion is described in the Privacy Policy (section 5). We can suspend or terminate accounts that breach these terms, with notice where practicable. On deletion, sections that by their nature should survive (9, 11 to 14) survive.

14. Changes to these terms

We may update these terms from time to time. For material changes we’ll notify you in the app or by email at least 30 days before they take effect; continuing to use the Service after that date means you accept the updated terms. Changes to how we handle personal information are governed by the Privacy Policy’s own change process (Privacy Policy, section 9). The “Last updated” date at the top always reflects the current version, and a summary of changes is kept in the changelog at the bottom of this page.

15. General

These terms are governed by New Zealand law, and the New Zealand courts have exclusive jurisdiction. If any part of these terms is found unenforceable, the rest still applies. These terms are the whole agreement between us regarding the Service.

16. Contact

Questions about these terms: whatsfruiting@gmail.com

Changelog