Terms of Service

Last updated: October 20, 2026

Document version: 2026-10-20

Updated October 20, 2026. What's new:

Founding Grower (§8.6): our one-time lifetime Pro purchase has its own short Founding Grower Terms. Nothing changes if you don't buy it.
Our commitments to you (§5.7): your grows are private by default; we don't review private grows to check what you grow; we only hand data to a government when the law requires it, and tell you first when we can; you get notice and a chance to export before any account closure.
Cultivation and the law (§5.3–5.5): grow and share only what's legal where you live; no selling, trading or giveaways; shared grows follow our new Community Guidelines.
Copyright (§6.4) now names our registered DMCA agent.

These Terms of Service ("Terms") govern your access to and use of the Hypha mobile application, website, APIs, and related services (collectively, the "Services") provided by Demeter Mycolabs LLC ("Demeter," "we," "us," or "our").

By creating an account, accessing, or using the Services, you agree to these Terms. If you do not agree, do not use the Services.

Our Privacy Policy explains how we collect and use information. It is incorporated into these Terms by reference.

1. Who may use the Services

You must be lawfully able to enter a binding contract in your jurisdiction and meet any minimum age in our Privacy Policy. If you use the Services on behalf of a company or other organization, you represent that you have authority to bind that organization to these Terms, and "you" includes that organization.

2. Accounts and security

You must provide accurate registration information and keep it current.
You are responsible for safeguarding your credentials and for activity under your account, except where failure results solely from our gross negligence or willful misconduct (to the extent allowed by law).
Notify us promptly at support@demetermycolabs.com if you suspect unauthorized access.

We may suspend or terminate accounts that violate these Terms, pose a security risk, or as described in §9.

3. Organizations and teams

3.1 Roles. An organization may assign roles (for example, Owner, Admin, Contributor, and Viewer) with permissions as implemented in the product.

3.2 Your responsibilities. If you invite others, you are responsible for their access and for ensuring you have the right to share organization data with them. Demeter is not responsible for disputes between you and your organization or between users.

3.3 Data Processing Agreement. If you use organization / team features and Demeter processes personal data on your behalf as a processor under applicable data protection laws, the Data Processing Agreement is incorporated into these Terms by reference. If the DPA conflicts with these Terms regarding personal data processed on your behalf, the DPA controls.

4. The Services; changes

4.1 We provide the Services to help growers monitor and manage controlled-environment agriculture and related Hardware. Features may change, and we may modify, suspend, or discontinue parts of the Services without liability except where law requires otherwise.

4.2 Hardware. "Hardware" means supported devices (for example, Aeris). Hardware may be subject to separate warranties or terms from the manufacturer.

4.3 Third-party services. The Services rely on third parties (for example, Google hosting, authentication, messaging, and analytics). Your use may be subject to their terms.

5. Acceptable use

5.1 General rules. You agree not to:

Violate any law or third-party rights;
Probe, scrape, overload, or attack the Services (except good-faith coordinated disclosure to us);
Reverse engineer the Services except where law prohibits that restriction;
Upload malware or interfere with others' use;
Use the Services to build a competing product by extracting our non-public data or APIs;
Misrepresent identity, manipulate sensor data to deceive others, or use the Services for high-risk decisions without appropriate validation.

5.2 Safety-critical systems. The Services and integrated Hardware are not certified or intended as sole or primary control for life safety, fire suppression, emergency ventilation, carbon dioxide (CO₂) or oxygen hazard mitigation, or other systems where failure could reasonably cause death, serious injury, or major property damage. Maintain independent alarms, ventilation, and safeguards as required by law.

5.3 Cultivation and the law. Hypha is a species-neutral cultivation tool: it records conditions, schedules, and results for whatever you grow, and it does not encourage, endorse, or check the cultivation of any particular species. You may only use the Services to grow, record, or share what is legal where you live and grow, and you are responsible for knowing and following those laws. Nothing in the Services is legal advice.

5.4 No selling, trading, or giveaways. You may not use any part of the Services to offer, sell, trade, or give away (including "free with a donation") any controlled substance, or any culture, spore, spawn, or fruit of a species that is controlled where you or the recipient are. This applies on shared grow pages, in names and notes, and anywhere else in the Services. Shared grows may not offer anything for sale.

5.5 Shared grows. When you share a grow publicly, our Community Guidelines also apply and are part of these Terms.

5.6 What we may do. If we reasonably believe content or activity breaks §§5.1–5.5 or the Community Guidelines, we may remove shared content, turn off sharing for your account, or suspend or close your account under §9.

5.7 Our commitments to you.

(a) Private by default. Your grows, notes, photos, and sensor data are private to you and your farm unless you share them. Nothing is public until you turn on a shared link, and you can turn it off at any time. A shared page never shows your location, email, devices, or account details, and we remove location data from shared photos.
(b) We don't police private grows. No one at Demeter reviews your private grows to check what you grow. People on our team look at your content only when you share it publicly, when someone reports it, when you ask us for support, to keep the Services running and secure, or when the law requires it. Our automated systems process your data to run the Services and, as described in Privacy Policy §3.1, for machine learning, under the commitments there (including your right to opt out). We never use them to identify or report what you grow.
(c) Legal requests. We give your data to a government only when the law requires it, such as through a valid subpoena, court order, or warrant. We review every request and push back on ones that are unlawful or too broad. We tell you before we disclose your data, so you can seek legal protection, unless the law or a court forbids it or there is an emergency involving risk of death or serious injury.
(d) Notice and appeal. If we remove something you shared or limit your account, we will tell you what we did and why, unless the law prevents it. You can ask us to take another look by replying or writing to support@demetermycolabs.com.
(e) Your data stays yours. Before closing your account for a breach of these Terms, we will give you a chance to download your data with Export my data, unless the law prevents it or the breach involves illegal content we must remove or preserve.

6. User content and intellectual property

6.1 Your content. You retain rights to content you submit. You grant Demeter a non-exclusive, worldwide, royalty-free license to host, reproduce, process, display, and transmit your content solely to operate, secure, and improve the Services and as described in the Privacy Policy.

6.2 Feedback. If you give us feedback or suggestions, you grant us permission to use them without obligation or compensation.

6.3 Demeter IP. The Services, Hypha branding, and related materials are owned by Demeter or its licensors.

6.4 Copyright complaints (DMCA). If you believe content on the Services infringes your copyright, send a notice to our designated agent below, including the information required by 17 U.S.C. § 512(c)(3); counter-notifications should follow § 512(g). We may remove material, and in appropriate circumstances we disable the accounts or sharing of users who repeatedly infringe.

Designated agent: Copyright Agent, Demeter Mycolabs LLC, 7 Pine View Rd, Tijeras, NM 87059, United States · 720-255-1244 · support@demetermycolabs.com

7. AI / ML outputs; not professional advice

Outputs from automated, ML, or AI-assisted features are informational and may be wrong. They are not agronomic, medical, legal, or safety advice. You are responsible for your cultivation decisions and compliance with applicable regulations.

Demeter is not responsible for cultivation outcomes, crop yields, or environmental results.

8. Fees; subscriptions; trials

8.1 Plans. We may offer free and paid subscription tiers. Features, usage limits, and pricing are described at checkout or in the product.

8.2 Billing and payment. Paid subscriptions are billed through third-party payment processors or app stores. Subscriptions may renew automatically unless you cancel before the renewal date.

8.3 Trials and promotions. We may offer trials or promotional access. When they end, your subscription may downgrade unless you purchase a paid plan.

8.4 Upgrades, downgrades, and proration. Effective timing, proration, credits, and refunds follow the rules shown at checkout.

8.5 Refunds and non-payment. Unless required by law or an app store's terms, fees are non-refundable. Failure to pay may result in downgrade or termination of access.

8.6 Founding Grower. A Founding Grower purchase is a one-time payment, not a subscription. It is also governed by the Founding Grower Terms, which control if they conflict with these Terms, including §4.1, §8.5 and §16.

9. Termination; suspension

You may stop using the Services or delete your account via account settings or by contacting us at support@demetermycolabs.com. We may suspend or terminate access for breach, risk to the Services or users, non-payment, or legal requirement. When we limit or close an account for a breach, we give notice, a chance to ask for review, and a chance to export your data as described in §5.7(d) and (e). Provisions that by nature should survive (IP, disclaimers, limitations, governing law) survive termination.

10. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND HARDWARE INTEGRATION ARE PROVIDED "AS IS" AND "AS AVAILABLE." DEMETER DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Some jurisdictions do not allow certain disclaimers; in those jurisdictions, disclaimers apply to the fullest extent permitted.

11. Limitation of liability

11.1 Indirect damages. Neither party will be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or loss of profits, data, goodwill, or reputation.

11.2 Cap. Demeter's total liability is limited to the greater of (a) USD $100 or (b) the amount you paid Demeter in the twelve months before the claim.

11.3 Exceptions. Nothing in these Terms limits liability that cannot be limited under applicable law (for example, gross negligence, willful misconduct, or death or personal injury caused by negligence, where the law forbids that cap).

12. Indemnity

To the extent permitted by law, you will defend and indemnify Demeter against third-party claims arising from your content, your breach of these Terms, or your violation of law — except to the extent caused by Demeter's willful misconduct.

13. Export; sanctions

You may not use the Services in violation of U.S. or other export control or sanctions laws.

14. Disputes; governing law

14.1 Governing law. These Terms are governed by the laws of the State of New Mexico, without regard to conflict-of-law rules, except where mandatory consumer protections of your country of residence apply.

14.2 Venue. State or federal courts located in New Mexico.

14.3 Informal resolution. Contact support@demetermycolabs.com and try to resolve the dispute informally for 30 days before filing a claim.

14.4 EU / UK consumers. You may have mandatory local rights; nothing in this section limits those rights.

14.5 No mandatory arbitration. These Terms do not require binding arbitration or waiver of class actions.

15. General

15.1 Entire agreement. These Terms, the Privacy Policy, and the Data Processing Agreement (where applicable) are the entire agreement.

15.2 Assignment. You may not assign these Terms without our consent.

15.3 Severability. If a provision is invalid, the remaining provisions remain in effect.

15.4 No waiver. Failure to enforce a provision is not a waiver.

15.5 Apple / Google. If you obtain Hypha through the Apple App Store or Google Play, the store provider is a third-party beneficiary of the provisions its terms require.

16. Changes to these Terms

We may modify these Terms by posting an updated version. If a change is significant, we will provide notice as appropriate. Continued use after the effective date constitutes acceptance.

17. Contact

Demeter Mycolabs LLC
Tijeras, New Mexico, United States
support@demetermycolabs.com

Change history

October 20, 2026 — Added §8.6, which points Founding Grower purchases to the Founding Grower Terms.

October 6, 2026 — Added §5.3–5.7 (cultivation and the law, no selling, Community Guidelines, enforcement, our commitments to you), notice and export before account closure in §9, and the DMCA agent in §6.4.