USER AGREEMENT & LIABILITY WAIVERS

Last Updated: 11/28/2025

USER AGREEMENT & LIABILITY WAIVERS

(Applies to Buyers, Sellers, Providers, Gifters & Donors)

This Agreement supplements and is incorporated into the PhyTu Terms of Service.

1. Assumption of Risk

You acknowledge that participation on PhyTu involves inherent risks, including risks associated with:

  • Living plants, fungi, animals, and biological materials

  • Wildlife interactions

  • Services, classes, or in-person activities

  • Gifts and donations

You voluntarily assume all such risks.

2. Sellers & Service Providers

By listing goods or services, you agree that:

  • You are an independent third party

  • You are solely responsible for legality, accuracy, compliance, and fulfillment

  • You make no implied guarantees unless explicitly stated in your listing

  • You indemnify PhyTu for claims related to your listings or services

3. Buyers & Recipients

By purchasing, booking, adopting, receiving, or participating, you acknowledge:

  • All transactions are final

  • Items and services are accepted as-is

  • Outcomes are not guaranteed

  • You are responsible for lawful handling, care, and compliance

4. Living Goods Disclaimer

Living organisms are inherently unpredictable.

PhyTu makes no guarantees regarding:

  • Survival

  • Health

  • Yield

  • Temperament or behavior

Environmental factors and care are beyond platform control.

5. Services, Classes & Events Waiver

You participate in services, classes, or events:

  • At your own risk

  • Without guaranteed results

  • Understanding that injury or dissatisfaction does not entitle you to refunds

6. Gifter (Free Item) Waiver

Items offered for free (“Gifts”) are provided:

  • As-is

  • Without warranties

  • Without replacement, refund, or compensation

Recipients assume all responsibility and risk.

7. Animal Adoption, Rehoming & Wildlife Waiver

PhyTu:

  • Does not evaluate animals

  • Does not guarantee health, age, or temperament

  • Does not provide veterinary care

Adopters assume all present and future responsibility, including veterinary costs and behavioral risks.

8. Donations & Tax Disclaimer

Donations are:

  • Voluntary

  • Final

  • Non-refundable

PhyTu:

  • Does not guarantee how funds are used

  • Does not guarantee tax deductibility

  • Does not issue tax receipts

Donors must consult their own tax advisors.

9. Payment Disputes & Chargebacks

Chargebacks do not override final-sale policies.

PhyTu may submit:

  • Acceptance records

  • Listing disclosures

  • Transaction logs

Abuse of disputes may result in permanent account suspension.

10. Comprehensive Liability Waiver

To the maximum extent permitted by law, you waive all claims against PhyTu arising from:

  • Transactions with other users

  • Living organisms

  • Services or events

  • Gifts or donations

  • Injury, illness, allergic reactions, zoonotic disease

  • Property damage or loss

11. Acknowledgment

By using PhyTu in any role, you confirm that:

  • You have read and understood this Agreement and the Terms of Service

  • You accept the final-sale policy

  • You assume all risks

  • You waive claims against PhyTu