Terms of use

Last updated: 17 August 2026. This is a translation of the French version, which prevails in case of discrepancy.

1. Purpose

These terms of use (the “Terms”) govern the use of the Tomate & Basilic mobile app and of the tomate-et-basilic.fr website, published by Ovega, a French simplified joint-stock company with share capital of €4,000, registered with the Lyon Trade and Companies Register under number 879 181 568, with its registered office at 60 avenue Maréchal Foch, Bureau 3, 69006 Lyon, France.

Downloading and using the app means accepting these Terms. If you do not accept them, do not use the app.

2. What the service is

Tomate & Basilic is an app that helps you design and follow a permaculture kitchen garden. Among other things, it lets you describe your gardens and beds, place plants in them, draw their plan to scale, look up botanical information and pairings between species, keep a garden journal, schedule reminders and check your garden's weather.

The app is available on iPhone, iPad, Mac and Apple Vision Pro, from iOS 26 and the matching versions of macOS and visionOS. It does not exist on Android, on Windows, or in a browser.

It works with no account creation. The data you create is stored on your device and, if you turn it on, in your personal iCloud space, under the conditions described in the privacy policy.

3. Free version and Permaculture+

The app can be used free of charge, within the limits shown in the app.

Permaculture+ is a one-off purchase, with no subscription and no renewal, which permanently unlocks additional features for the Apple Account that made the purchase. It is eligible for Apple's Family Sharing, under the conditions set by Apple.

The applicable price is the one shown on the App Store at the time of purchase, in the currency of your billing country. Ovega may change that price for the future; a purchase already made is never called into question.

4. Payment, refunds and withdrawal

The purchase is made by Apple, through the App Store. Apple is the seller for that transaction: it collects the payment, issues the proof of purchase and handles billing. Ovega receives no payment data.

As a result, refund requests must be addressed to Apple, following the rules and time limits applicable to the App Store (“Report a Problem” at reportaproblem.apple.com). Ovega has no technical means of refunding a purchase made on the App Store.

As this is digital content supplied immediately after purchase, the fourteen-day right of withdrawal provided by French consumer law does not apply once performance has begun with your express agreement, without prejudice to any more favourable policies applied by Apple.

5. Using the app

You agree to use the app in accordance with the law and with these Terms, and in particular not to:

attempt to circumvent the limits of the free version or the purchase verification mechanisms;
decompile, disassemble or reverse-engineer the app, except within the limits allowed by law;
systematically extract, copy or reuse the app's botanical content, in whole or in a substantial part, in order to build a competing database;
use the app in a way likely to infringe the rights of third parties.

You remain responsible for the content you create in the app, in particular the photos you add to it.

6. Intellectual property

The app, its code, its interface, its illustrations, its photographs, its texts, as well as the botanical content it embeds — plant records, growing guides, insect and animal records, growing periods and the catalogue of pairings between species — are protected by copyright and by database producers' rights. They remain the property of Ovega or of its partners.

Buying Permaculture+ transfers no ownership: it grants a personal, non-exclusive, non-transferable right to use the app and its content.

The trade marks “Tomate & Basilic”, “Permaculture+” and “Ovega” are the property of Ovega. Weather data is provided by Apple Weather; Apple and App Store are trade marks of Apple Inc.

The content you create — gardens, plans, journal, photos, custom plants — belongs to you. Ovega acquires no rights over it and has no access to it.

7. Limitation of liability

Growing advice is indicative. The information provided by the app — pairings between species, sowing and harvesting dates, plant needs, weather forecasts, care advice — comes from documentary sources and general calculations. It does not take account of every real parameter of your ground: microclimate, exact soil, exposure, the varieties you grow, the current year.

It therefore guarantees no growing result, no harvest, and no absence of disease or loss. It is neither professional agronomic advice, nor medical advice, nor veterinary advice.

In particular, the app must not be used to determine whether a plant, fruit or mushroom is edible or toxic. If in doubt, ask a professional; in the event of suspected ingestion, contact a poison control centre or the emergency services.

Weather forecasts are supplied by a third party and may be imprecise or unavailable. The app itself flags cases where a piece of information is uncertain or missing; those warnings are part of the service.

Ovega cannot be held liable for indirect damage resulting from use of the app, in particular loss of harvest, loss of time or financial loss. Ovega does not warrant that the app will be free of defects or available without interruption.

Backups: since data is stored on your device, it is up to you to turn on iCloud sync or to back up your device if you want to be able to recover your garden after loss, theft, breakdown or uninstallation. Ovega cannot restore any data.

Nothing in these Terms excludes Ovega's liability in the event of wilful misconduct, gross negligence or personal injury.

8. Availability and changes

Ovega may change the app, and add, modify or remove features, in particular to keep up with changes in iOS. Should a feature included in Permaculture+ be removed for good, Ovega will endeavour to offer an equivalent feature.

The app requires a supported version of your device's Apple operating system. Staying on an old version may prevent updates from being installed.

9. Duration and termination

The Terms apply for as long as you use the app. You may end them at any time by uninstalling the app; the local data is then erased from the device.

Ovega may suspend access to the service in the event of a serious breach of these Terms, in particular deliberate circumvention of the purchase mechanisms.

10. Changes to the Terms

These Terms may be amended. The applicable version is the one published on this page, with its update date shown at the top. Continuing to use the app after a change means accepting the new version.

11. Governing law and disputes

These Terms are governed by French law.

In the event of a disagreement, an amicable solution will be sought first, by writing to contact@ovega.fr. Under Articles L. 611-1 et seq. of the French Consumer Code, any consumer may refer the matter free of charge to a consumer ombudsman. The European online dispute resolution platform is available at ec.europa.eu/consumers/odr.

Failing agreement, the dispute will be brought before the competent French courts. Mandatory consumer protection rules, including those on jurisdiction, remain applicable.

12. Contact

Ovega — 60 avenue Maréchal Foch, Bureau 3, 69006 Lyon, France — contact@ovega.fr