Terms of Use

Effective Date: January 8, 2025

Last Updated: January 8, 2025

Welcome to LYKYN

Welcome to the LYKYN mobile application (the "App"), operated by Swayfish LLC, DBA LYKYN ("LYKYN," "we," "our," or "us"). These Terms of Use ("Terms") govern your access to and use of the App, our connected devices, websites, and services (collectively, the "Services").

By creating an account, accessing the App, or using any LYKYN hardware or Services, you agree to be bound by these Terms. If you do not agree, do not use our Services.

Definitions

  • "App" refers to the LYKYN mobile application, including all updates and future versions.
  • "Device(s)" means LYKYN-branded IoT hardware products (e.g., the LYKYN mushroom grow chamber).
  • "User," "you," or "your" refers to any individual who accesses or uses our App or Services.
  • "Content" means all information, data, text, software, images, and other materials made available via the App.
  • "Account" refers to your registered user profile used to access the App and Devices.

Eligibility

You must be at least 18 years old or the legal age of majority in your jurisdiction to use our Services. By using the App, you represent and warrant that you meet this requirement.

License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to install and use the App solely for personal, non-commercial use in connection with your LYKYN Device.

Account Registration and Security

To access and use the App, you must create an account and connect your Device via Wi-Fi. You agree to provide accurate, current, and complete information during registration and to update it as needed.

You are responsible for safeguarding your login credentials. LYKYN is not liable for any unauthorized access to your account.

User Responsibilities and Restrictions

You agree not to:

  • Use the App or Devices for any illegal or unauthorized purpose
  • Attempt to reverse-engineer, decompile, hack, or disrupt the App or Devices
  • Resell or sublicense the App or related software
  • Interfere with the performance or functionality of our Services
  • Submit false or misleading information

LYKYN reserves the right to terminate or suspend your access if we determine, at our sole discretion, that you have violated these Terms.

Data Collection and Privacy

The App collects and processes certain information to function properly, including:

  • Name and email address
  • Device usage data (e.g., grow mode selections, runtime)
  • Environmental sensor data (e.g., temperature, humidity)
  • Wi-Fi connection data (for secure pairing)

We do not collect or access your device's location, microphone, or camera.

Your data may be stored and processed via third-party cloud services, including Amazon Web Services (AWS). For more information on how we protect and use your data, please refer to our Privacy Policy.

User-Generated Content

While currently disabled, future versions of the App may allow you to upload content such as grow logs, photos, or notes. You retain ownership of your content, but you grant LYKYN a worldwide, royalty-free, non-exclusive license to use, reproduce, and display that content for service improvement, support, or promotional purposes.

You agree not to submit content that:

  • Is unlawful, defamatory, obscene, or harmful
  • Infringes on any third-party rights
  • Contains malware or disruptive code

Intellectual Property

All intellectual property rights in the App, Devices, software, trademarks, designs, and content are owned by or licensed to LYKYN. Except for the limited rights granted in these Terms, you receive no license or ownership rights in or to any LYKYN intellectual property.

Modifications and Updates

We reserve the right to update or discontinue any part of the App or Services at any time, including firmware, features, or compatibility. We may also revise these Terms, and your continued use after such revisions constitutes acceptance.

Disclaimers

The App and Devices are provided "as-is" and "as available." LYKYN disclaims all warranties, express or implied, including fitness for a particular purpose, accuracy, reliability, or non-infringement.

We do not guarantee specific mushroom growth results or device performance in uncontrolled environments. Users are solely responsible for proper device setup, environmental maintenance, and growing practices.

Limitation of Liability

To the fullest extent permitted by law, LYKYN is not liable for any indirect, incidental, special, or consequential damages arising out of your use or inability to use the App or Devices — including loss of crops, revenue, or data — even if we have been advised of the possibility of such damages.

Our total liability will not exceed the amount paid by you (if any) for the Device or App giving rise to the claim.

Indemnification

You agree to indemnify and hold harmless LYKYN, its affiliates, and employees from any claims, liabilities, damages, losses, and expenses (including legal fees) arising from your use of the Services, your content, or your violation of these Terms.

Export Compliance

You agree not to use, export, or re-export the App or Devices in violation of any U.S. or international export control laws or regulations.

Termination

We may terminate or suspend your access to the App or Services, without notice, if we reasonably believe you have violated these Terms or pose a threat to the safety, integrity, or reputation of our brand or user community.

Severability

If any part of these Terms is held to be unenforceable, that portion shall be construed to reflect the parties' original intent, and the remaining provisions shall remain in full force and effect.

Entire Agreement

These Terms, along with our Privacy Policy, constitute the entire agreement between you and LYKYN and supersede all prior understandings or agreements.

Governing Law

These Terms are governed by the laws of the State of California, USA, without regard to its conflict of law principles. Any dispute arising out of these Terms shall be resolved in the courts located in Sonoma County, California.

Contact Us

If you have any questions about these Terms of Use, please contact us at:

Swayfish LLC, DBA LYKYN

Swayfish #177

1415 Fulton Road #205

Santa Rosa, CA 95403

USA

Email: [email protected]