Terms of Service

These Terms of Service (the "Terms") are an agreement between LandscapeGPT ("LandscapeGPT", "we", "us", "our") and you, the person using our website at landscapegpt.io (the "Site") and the tools, apps and content we provide through it (together, the "Services"). Our Privacy Policy explains how we handle your information and forms part of this agreement.

You accept these Terms when you create an account, sign in, buy a subscription or otherwise use the Services. Use of the Services constitutes acceptance of these Terms. The sign-in and sign-up screens and the checkout link to them. If you don't agree, please don't use the Services.

In these Terms, "Inputs" means anything you give the Services: photos of your yard, garden or plants, photos of items, selections, instructions and notes, and the location you enter. "Assets" means what the Services give back: redesigned images, plant lists, planting plans, project plans, plant identifications and health checks.

You must be at least 18 years old, and able to enter a binding contract, to create an account or buy a subscription.

You can sign up with an email and password or through Google or Apple. Keep your sign-in details secure: you're responsible for everything done with your account. Each account is for one person, and each person may have one account. Tell us at [email protected] if you think someone else is using your account.

The information you give us, including your email address, must be accurate and kept up to date.

LandscapeGPT is a garden and landscape design service for homeowners. With a subscription you can:

• Redesign: upload a photo of a yard, garden, patio or other outdoor space and get a redesigned image of the landscape in the style you choose. The house itself is not redesigned.
• Change an area, place an item and edit by instruction: change one selected part of a design, add items from your own photos, or change a design in plain words.
• Plant list, planting plan and project plan: for a design, a list of its plants checked against the climate you give us, a scaled plan from above with plant counts, and a plan of the work with materials, quantities and cost ranges.
• Plant ID and Plant health: identify a plant from photos, and get a likely explanation of a plant problem with steps to try.
• My designs and My plants: your results are saved to your account until you remove them.

We keep improving the Services, so features, styles, limits and how results look may change over time. We'll describe any change that materially reduces what a paid plan includes before your next renewal.

The Services use AI to produce visual ideas and general guidance. Results can be wrong, incomplete or unsuitable for your property, so please treat them that way:

• Designs are visualizations, not construction drawings, surveys or professional landscape architecture. They may not reflect your real dimensions, slopes, soil, drainage, utilities or rules that apply to your property.
• Planting plans and project plans are estimates worked out from photos. Measure on site before you buy materials or plants. Cost ranges are rough guides, not quotes; real prices vary by place, supplier and contractor.
• Before you dig, check where buried utilities run (in the US, call 811), and check permits, building codes, HOA or local rules. Work on electrics, gas, pools, structures, retaining walls, large trees or major grading needs a qualified, licensed professional.
• Plant identification can be wrong. Never eat, use medicinally or handle a plant based on an identification from the Services. Information about whether a plant is toxic to people or animals is general guidance, not medical or veterinary advice: if a person or animal may have eaten something harmful, contact a poison control center, a doctor or a vet straight away.
• Plant health checks give a likely explanation from photos, not a diagnosis. Always follow the label of any product you use, and ask a local nursery, extension service or arborist when a plant is valuable or the problem is serious.
• Hardiness zones and climate fit are general guidance for a location. Local conditions (frost pockets, exposure, soil) can differ.

You are responsible for deciding whether and how to use any Asset, and for anything you build, plant or remove.

Only upload photos and other Inputs that you have the right to use: photos you took yourself, or that you have permission to use, of property you own, rent or have permission to redesign. Please avoid uploading photos that show people, or private details such as house numbers or vehicle plates, unless they're needed.

When you use the Services, you agree not to:

• upload anything unlawful, infringing, sexual, violent or hateful, or anything that invades another person's privacy;
• use the Services to infringe anyone's intellectual property or other rights;
• access the Services with bots, scripts or other automated tools, or try to get around usage limits, security or access controls;
• copy, reverse engineer or resell the Services or access to them, or use them to build a competing product;
• share your account, or create more than one account for yourself.

Fair use. Designs are unlimited for normal personal use on every plan, within a daily fair-use limit that protects the Services from abuse (currently 100 designs a day). Plant ID, Plant health, plant lists, planting plans and project plans each have their own daily limit. We may adjust these limits; we'll keep them generous for normal use.

We may investigate suspected misuse and take any action we reasonably consider appropriate, including removing content, suspending accounts and reporting unlawful activity to the authorities.

Your Assets. As between you and us, you own the Assets you create, to the extent the law allows ownership of AI-generated output, and you may use them for personal or commercial purposes. You keep ownership of your Inputs.

Licence you give us. So we can run the Services, you give LandscapeGPT a worldwide, non-exclusive, royalty-free, sublicensable licence to host, store, copy, process, adapt and display your Inputs and Assets as needed to provide, secure and improve the Services, and to comply with the law. We also use the service providers described in our Privacy Policy to do this.

Example designs. You also give us a perpetual, worldwide, non-exclusive, royalty-free licence to publish your finished designs as example designs on our website and use them to promote the Services. Only the finished design is published: never the photo you uploaded, your name, your account details or anything you typed. Each design is checked before it is published, and designs that show a house or street number, a street sign, a licence plate, a person or other readable text are not published. When you remove a design from My designs, its example page is taken down.

Our content. The Services, the Site, our software, our plant pages and our brand belong to LandscapeGPT or its licensors. Plant facts on the Site come in part from open databases (GBIF, USDA PLANTS and Trefle) and are credited where they appear. Subject to these Terms, we give you a personal, non-exclusive, non-transferable, revocable licence to use the Services. Please don't use our name or logo without permission.

We work to keep the Services available and reliable, but we don't promise they will be uninterrupted, error-free or available at any particular time. We may suspend the Services for maintenance, security or reasons beyond our control.

Every feature requires a paid subscription. There is no free plan and no free trial. The plans are Pro Weekly, Pro Monthly and Pro Yearly; they include the same features and differ only in how often you pay. Current prices are on our pricing page and are shown again at checkout before you pay.

Subscriptions renew automatically. When you subscribe you authorize us, through our payment processor Stripe, to charge your payment method the plan's price at the start of each billing period (each week, month or year) until you cancel. You won't be charged after you cancel. Prices include any taxes we are required to collect unless checkout shows otherwise.

Stripe processes payments and holds your card details; we never see or store your full card number. Stripe's own terms also apply to payment processing.

If a payment fails, we may retry it, and paid features may stop until it's resolved. You can update your payment method at any time from "Manage subscription" in the app.

We may change our prices. A price change applies from your next renewal after we've told you about it, and you can cancel before it takes effect.

All fees paid to LandscapeGPT are strictly non-refundable. Once you have used any portion of the Services, such as generating a design, using a plant tool or accessing any paid feature, LandscapeGPT cannot issue a refund under any circumstance, because every result we produce has an immediate cost that can't be recovered. Cancellation of your subscription will prevent future charges, but does not entitle you to any refund for the current or past billing periods.

You can cancel at any time, yourself, from "Manage subscription" in the app, which opens our billing portal. There's no fee, no retention step and no need to contact us.

Cancellation does not take effect immediately. When you cancel, your subscription stays active and your access continues uninterrupted until the end of the billing period you have already paid for. No refund, full or prorated, is given for the remaining or already-used part of that period, and no further charge is made once it ends. The billing period during which access was provided is a Service delivered to you in full, and its fee is earned and non-refundable regardless of how much of the Services you used.

Nothing in this section limits rights you have under consumer laws that can't be excluded; see section 12.

Your LandscapeGPT account and your subscription are separate. Your account is your login and profile; your subscription is a recurring billing agreement held with our payment processor. Deleting your account removes your profile and sign-in, but it does not cancel your subscription and does not stop future charges.

To stop being billed, cancel the subscription itself from "Manage subscription" in the app. If you intend to leave LandscapeGPT entirely, cancel your subscription first, then delete your account.

If you delete your account while a subscription is active, the subscription continues to bill on its normal schedule until it is cancelled. If this happens, email us at [email protected] and we'll help you find and cancel it.

To the fullest extent the law allows, the Services and Assets are provided "as is" and "as available", without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy and non-infringement.

To the fullest extent the law allows, LandscapeGPT will not be liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, data or goodwill, or for any loss or damage from work done, plants bought or planted, or decisions made in reliance on the Services or Assets. Our total liability for any claim relating to the Services is limited to the amount you paid us in the 12 months before the claim.

Some places don't allow some of these exclusions or limits, so they apply to you only as far as the law allows.

To the extent the law allows, you agree to indemnify and hold harmless LandscapeGPT and the people who work with us from claims, losses and costs (including reasonable legal fees) brought by third parties that arise from your Inputs, your use of the Services or Assets, or your breach of these Terms or of anyone's rights.

You can stop using the Services at any time; to stop billing, cancel your subscription as described in section 8.1.

We may suspend or end your access if you seriously or repeatedly break these Terms, misuse the Services, fail to pay, or if we must do so by law. Where we end access for a breach, fees already paid are not refunded. If we stop offering the Services altogether, we'll give reasonable notice and refund the unused part of any prepaid period.

Sections 4, 6, 8.1, 9, 10 and 12 continue to apply after this agreement ends.

Consumer rights

Nothing in these Terms limits rights you have under consumer protection laws that can't be excluded by contract, such as the consumer guarantees under the Australian Consumer Law or statutory rights in the UK and EU.

If you live in the UK or the EU, you normally have 14 days to cancel a contract for digital services. By starting to use the Services during that period, you ask us to begin providing them straight away. If you cancel within the 14 days, we may charge for the part of the service already provided, and the right ends once the service has been fully provided.

Disputes

If you have a problem with the Services, please email us at [email protected] first; most issues can be sorted out quickly. If a dispute isn't resolved within 30 days, then, except where the law of the country you live in gives you the right to bring a claim in your local courts, the dispute will be resolved by binding arbitration administered by the American Arbitration Association under its applicable rules, by a single arbitrator, in English, in Santa Clara County, California. Either party may bring an individual claim in small claims court or seek injunctive relief in court to protect its rights.

These Terms are governed by the laws of the State of California, USA, without regard to its conflict of laws rules, except where the law of the country you live in requires otherwise.

We may update these Terms as the Services change. We'll post the new version here with its date, and for material changes we'll give notice by email or in the app before they take effect. If you keep using the Services after a change takes effect, the new Terms apply. If you don't agree, cancel your subscription and stop using the Services.

These Terms and our Privacy Policy are the whole agreement between you and us about the Services. If any part is found unenforceable, the rest still applies. If we don't enforce a term straight away, we haven't waived it. You may not transfer this agreement without our consent; we may transfer it as part of a reorganization or sale of our business.

Questions about these Terms, billing or your account: [email protected]. You can also read the FAQ.