Terms of service

Last Updated: 11/28/2025

These Terms of Service (“Terms”) govern your access to and use of the website https://www.phytu.com (“Site”) and all features operated by PhyTu (“PhyTu,” “we,” “our,” or “us”), including its marketplace, live organism listings, service bookings, gifting, donations, animal adoption and rehoming coordination, wildlife assistance, educational programs, and related features.

By accessing or using the Site in any capacity, you agree to these Terms and the PhyTu User Agreement & Liability Waivers, which are incorporated by reference and form part of this agreement.

If you do not agree, do not use the Site.

1. Platform Role

PhyTu operates a technology marketplace platform that enables independent users and third-party providers to list, exchange, or coordinate transactions involving live plants, fungi, animals (where legally permitted), and related education or coordination services.

PhyTu itself does not sell, provide, inspect, store, transport, house, or guarantee any goods or services. All offerings on the platform are provided by independent third parties, and availability may vary.

Services and activities facilitated through the platform may include, where permitted by law:

  • Marketplace listings for live plants, fungi, seeds, spores, animals, and other biological materials

  • Animal-related services offered by independent providers, such as pet sitting, walking, grooming, training, and non-medical coordination

  • Animal adoption, fostering, and rehoming coordination conducted by third parties

  • Wildlife rescue or transport coordination with licensed or authorized partners (non-medical only)

  • Educational classes, workshops, and informational content related to plants, animals, fungi, wildlife education, and homesteading

PhyTu does not provide veterinary care, wildlife treatment, professional agricultural advice, or regulated services unless explicitly stated and performed by properly licensed third parties.

All users are responsible for complying with applicable local, state, and federal laws when participating in any transaction or activity on the platform.

TL, DR:

PhyTu:

  • Is not the seller, buyer, service provider, gifter, donor, rescuer, or adopter

  • Does not own, inspect, store, house, transport, or guarantee any item or service

  • Does not provide veterinary, medical, legal, financial, or tax advice

All transactions and interactions occur directly between users.

2. Eligibility

You must:

  • Be at least 18 years old

  • Be legally capable of entering a binding contract

  • Comply with all plant, animal, wildlife, agricultural, and species laws in your jurisdiction

You are solely responsible for confirming legality before participating in any transaction.

3. Services and Allowed Listings on PhyTu

PhyTu facilitates user-to-user interactions involving live goods and related education/services only.

3.1 Marketplace Goods (Live Goods Only)

Marketplace listings may include, where legally permitted:

  • Live plants, seeds, bulbs, tubers, cuttings, shrubs, trees, flowers, and other botanical materials

  • Fungi, mushroom cultures, spores, mycelium, and other live or biological fungal materials

  • Live domestic animals and live feeder insects

  • Living organisms or biological materials intended for cultivation, propagation, education, conservation, or companionship

  • Digital goods directly related to live goods, as described below

❌ PhyTu does not permit the sale of general merchandise, clothing, apparel, fashion items, tools, supplies, accessories, or unrelated consumer goods.

3.2 Digital Goods (Restricted Scope)

Digital goods offered on PhyTu must be directly related to live plants, animals, fungi, wildlife education, or their care, cultivation, ethical handling, or lawful use.

Digital goods may include:

  • Care, planting, or cultivation guides

  • Educational materials and recordings

  • Adoption preparation or husbandry resources

  • Non-professional identification or instructional content

Digital goods are:

  • Delivered electronically

  • Final sale and non-refundable

  • Provided for personal or educational use only unless explicitly stated otherwise

PhyTu does not guarantee accuracy, outcomes, or results.

3.3 Services, Education & Coordination

PhyTu may facilitate access to:

  • Animal and plant-related services (e.g., pet sitting, walking, grooming, training, non-medical coordination, farm help, garden work, etc)

  • Plant, garden, farm, or cultivation consultations

  • Classes, workshops, and educational programs

  • Animal adoption, fostering, and rehoming coordination

  • Wildlife rescue coordination (non-medical)

All services are provided by independent third parties.

4. Fees, Payments & Financial Responsibility

4.1 Platform Fees

PhyTu may charge platform or service fees for certain activities.

  • A 5% fee is applied to all online transactions 

  • No platform fee is charged for local pickup transactions, if the transactions are done entirely off PhyTu. If transactions are processed on our platform, a 5% fee will be assessed

  • Fees are non-refundable unless explicitly stated otherwise

PhyTu may modify fees with notice.

4.2 Payment Processing

Payments are processed through third-party payment processors (e.g., Stripe, supported digital currency providers).

PhyTu:

  • Is not an escrow service

  • Does not hold user funds

  • Does not guarantee payment completion

  • Does not control processor decisions, including reversals, chargebacks, or account holds

Processing fees charged by third parties are non-refundable.

4.3 Taxes

Users are solely responsible for:

  • Income taxes

  • Sales, use, VAT, or similar taxes

  • Import, export, or customs duties

PhyTu does not provide tax advice.

5. Local Pickup & Off-Platform Transactions

5.1 Local Pickup

Local pickup is arranged solely between users.

PhyTu:

  • Does not supervise or verify meetups

  • Does not inspect items

  • Is not responsible for injury, loss, theft, damage, or disputes

Items are accepted as-is at pickup.
Local pickup transactions are final upon exchange.

5.2 Off-Platform Transactions

Transactions completed outside the PhyTu platform (cash, Venmo, Zelle, PayPal, direct crypto transfers, etc.) are:

  • Not processed by PhyTu

  • Not protected or enforced by PhyTu

  • Solely the responsibility of the users involved

6. FINAL SALE POLICY (Platform-Wide)

ALL TRANSACTIONS ON PHYT U ARE FINAL.

There are:

  • No returns

  • No refunds

  • No exchanges

  • No store credit

❗ The only exception is when a seller or provider explicitly states otherwise in the individual listing itself.
If a listing does not say otherwise, the transaction is final.

PhyTu does not issue refunds on behalf of users.

7. Limitation of Liability

To the fullest extent permitted by law, PhyTu is not liable for:

  • Injury, illness, or death

  • Property damage or loss

  • Actions or omissions of users

  • Outcomes of services, gifts, donations, or adoptions

  • Survival, health, or behavior of living items

  • Wildlife encounters or rescue attempts

Use of the platform is at your own risk.

8. Indemnification

You agree to indemnify and hold harmless PhyTu from any claims arising from:

  • Your use of the platform

  • Your listings, services, gifts, or donations

  • Violations of law

  • Harm to people, animals, plants, or property

9. Arbitration & Class Action Waiver

All disputes shall be resolved by binding arbitration, not court.

You waive the right to:

  • Jury trials

  • Class or representative actions

Governing law: Washington State, USA
This provision survives termination.

10. Modifications

PhyTu may update these Terms at any time. Continued use constitutes acceptance.

11. Contact

📧 info@phytu.com
🌐 https://www.phytu.com