API TERMS OF SERVICE

Last updated: February 3, 2026

1. Scope and Agreement to Terms

These API Terms of Service ("Terms") govern only your access to and use of the Native Plant Retail Catalog ("NPRC") application programming interface ("API") and API documentation made available by PlantAgents or its operators ("we," "us," or "our"). They do not apply to use of our web portal, volunteer listing, vendor registration, or any other website or service we offer; those may be subject to separate terms.

By registering for an API key, making requests to the API, or otherwise accessing or using the API, you ("you" or "User") agree to be bound by these Terms. If you are accessing the API on behalf of an organization (e.g., Xerces Society), you represent that you have authority to bind that organization to these Terms, and "you" will include that organization.

2. Description of the API

The API provides programmatic access to the NPRC database, which includes information about native plants, retail availability, and related data to support conservation, restoration, and consumer applications. Native plant population data used by the NPRC engine is derived from the following source:

United States Department of Agriculture and U.S. Federal Highway Administration. (2017). National database for pollinator-friendly revegetation and restoration. Compiled by Mark W. Skinner, Gretchen LeBuhn, David Inouye, Terry Griswold, and Jennifer Hopwood. Available at http://www.nativerevegetation.org/era/.

3. Registration and API Key

You must register and obtain an API key to access the API. You agree to provide accurate, current, and complete registration information and to maintain the security and confidentiality of your API key. You are responsible for all activity that occurs under your API key. You must not share your API key with unauthorized parties or use it in a manner that exceeds the intended scope of your registration. We may revoke or suspend API keys for violation of these Terms or for operational or security reasons.

4. Acceptable Use

You agree to use the API only for lawful purposes and in accordance with these Terms. Commercial use of the API is permitted (e.g., a paid landscaping or conservation app), provided that such use does not involve reselling the API or substantially replicating the NPRC as a standalone product.

You will not:

• Use the API in any way that violates applicable law or regulation;

• Attempt to gain unauthorized access to the API, other accounts, or our systems or networks;

• Use the API to transmit malware, spam, or other harmful or disruptive content;

• Reverse engineer, decompile, scrape, or attempt to reconstruct underlying datasets, algorithms, or system logic beyond what is exposed through documented API responses, except to the extent permitted by applicable law;

• Use the API in a manner that could impair, overburden, or disrupt the API or our infrastructure;

• Resell, sublicense, or commercially redistribute API access or data in a manner that competes with or substitutes for the API; or

• Use the API or data obtained through the API to collect or store personal data about end users in violation of applicable privacy laws;

• Use the API in connection with safety-critical systems, medical decision-making, emergency response, or any application where errors could result in personal injury or property damage.

We may set reasonable rate limits or usage quotas on the API. You agree to comply with published API documentation and any usage guidelines we provide. Rate limits and usage quotas may be adjusted at any time, including without prior notice, to ensure fair use and system stability.

5. Data and Privacy

We respect data and user privacy. API registration and API usage data are used to operate the API, enforce these Terms, and communicate with you. We do not sell your API registration information to third parties. By using the API, you agree to our collection and use of information as described in our API documentation and in accordance with applicable law. You are responsible for ensuring that your use of data obtained through the API complies with applicable privacy and data protection laws (including, where applicable, GDPR, CCPA, or similar) and that you do not use the API or such data to process personal data in a manner inconsistent with your privacy notices or legal obligations.

6. Attribution and Data Use

When you use or display data obtained through the API that is derived from the USDA/FHWA native plant database cited in Section 2, you should provide appropriate attribution to that source where reasonably practicable in your application or publication. You may use the citation text provided in Section 2 or a substantially similar attribution. This requirement does not restrict your right to use the API or the data for permitted purposes.

7. Intellectual Property

The API, API documentation, and our related trademarks and branding are owned by us or our licensors and are protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the API in accordance with these Terms. This license does not grant you any right to our trademarks or to the underlying USDA/FHWA or other third-party data beyond the rights conveyed through the API. All rights not expressly granted are reserved.

8. Feedback

If you provide feedback or suggestions regarding the API, you grant us a non-exclusive, perpetual, royalty-free right to use and incorporate such feedback without restriction or obligation.

9. Disclaimer of Warranties

THE API 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, NON-INFRINGEMENT, OR ACCURACY. WE DO NOT WARRANT THAT THE API WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS. WE DO NOT PROVIDE ANY SERVICE-LEVEL AGREEMENT, UPTIME GUARANTEE, OR SUPPORT COMMITMENT FOR THE API. DATA PROVIDED VIA THE API IS DERIVED FROM THIRD-PARTY SOURCES; WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR CURRENCY OF SUCH DATA.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE (OR OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, REVENUE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE API, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE API SHALL NOT EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR THE AMOUNT YOU PAID TO US, IF ANY, IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

11. Indemnification

You agree to indemnify, defend, and hold harmless us and our officers, directors, employees, agents, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your use of the API, (b) your violation of these Terms or applicable law, (c) your violation of any third-party right, or (d) any dispute between you and any third party relating to your use of the API or data obtained through the API.

12. Termination

We may suspend or terminate your access to the API and your API key at any time, including for violation of these Terms or to protect the security or integrity of the API. You may stop using the API at any time. Upon termination, your right to use the API ceases immediately. Sections that by their nature should survive termination (including Sections 7–11 and 13) will survive.

13. General

Governing Law. These Terms shall be governed by the laws of the Commonwealth of Pennsylvania, United States, without regard to conflict of law principles. Any dispute arising out of or relating to these Terms or the API shall be brought exclusively in the state or federal courts located in Philadelphia County, Pennsylvania.

Amendments. We may modify these Terms from time to time. We will provide notice of material changes by posting the updated Terms and updating the "Last updated" date at the top of these Terms, and where appropriate, by additional notice (e.g., email or notice via the API or documentation). Your continued use of the API after the effective date of changes constitutes acceptance of the revised Terms. If you do not agree, you must stop using the API.

Entire Agreement. These Terms, together with any API documentation or policies we reference, constitute the entire agreement between you and us regarding the API and supersede any prior agreements or understandings.

Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect.

Waiver. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Contact. For questions about these Terms or the API, contact us at api@plantagents.org.