Terms of Service

1. Acceptance of Terms

By accessing or using gardenUP's website, mobile applications, white-label partner experiences, AI tools, or any other services we offer (collectively, the "Services"), you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these terms, please do not use our Services.

2. Description of Services

gardenUP provides digital garden design templates, plant lists, AI-assisted garden recommendations, partner tools, and related educational content. Our Services include:

• •Digital garden design templates with customizable dimensions
• •Plant lists with quantities and care instructions
• •Printable garden plans and shopping guides
• •Educational content and gardening insights

3. User Accounts

Some features of our Services may require you to create an account. When creating an account, you agree to:

• •Provide accurate, current, and complete information
• •Maintain and update your information as needed
• •Keep your password confidential and secure
• •Accept responsibility for all activities under your account

4. Intellectual Property

The Services and all content, features, and materials made available through them are owned by gardenUP or its licensors and are protected by United States and international copyright, trademark, trade dress, database, and other intellectual property laws. This includes, without limitation, garden designs, scaled layouts, diagrams, plant lists, plant databases, recommendations, care instructions, images, copy, graphics, software, source code, workflows, user interfaces, and AI-assisted outputs generated by or through the Services.

gardenUP™, Dirt™, DirtAI™, and related names, logos, design names, product names, visual styles, interface elements, and trade dress are trademarks and service marks claimed by gardenUP through use in commerce. You may not use, copy, imitate, register, purchase, or operate any confusingly similar name, domain name, logo, brand, product, or service without gardenUP's prior written permission.

Subject to your compliance with these Terms, gardenUP grants you a limited, revocable, non-exclusive, non-transferable license to use purchased, downloaded, or generated garden plans solely for your own personal garden planning and installation, or for the limited partner/customer purpose expressly authorized by gardenUP. No ownership rights are transferred to you.

5. Brand and Trademark Use

You may not use the gardenUP™, Dirt™, or DirtAI™ marks, gardenUP logos, Dirt character artwork, screenshots, design names, trade dress, or confusingly similar branding in any way that suggests affiliation, sponsorship, endorsement, ownership, or partnership unless gardenUP has authorized that use in writing.

Authorized garden center partners may display gardenUP branding only as permitted by their account settings or written agreement. Partner access does not give any partner ownership of gardenUP's trademarks, copyrights, designs, software, data, or other intellectual property.

6. Prohibited Uses

You agree not to:

• •Resell, redistribute, or commercially exploit our garden designs without permission
• •Copy, modify, or create derivative works from our content
• •Use our names, logos, design names, trade dress, or confusingly similar marks, domains, or branding without written permission
• •Use automated systems to access or scrape our Services
• •Copy, extract, harvest, or compile our plant databases, garden plans, pricing, recommendations, or other content for a competing product or service
• •Use our content, designs, data, images, or outputs to train, fine-tune, evaluate, or improve any artificial intelligence model or automated system
• •Interfere with or disrupt the integrity of our Services
• •Violate any applicable laws or regulations

7. User Content and AI Tools

If you upload photos, text, measurements, site information, or other materials to the Services, you retain whatever ownership rights you have in that content. You grant gardenUP a limited license to host, process, analyze, display, and use that content as needed to provide, secure, support, and improve the Services.

Dirt™, DirtAI™, and other AI-assisted tools may generate recommendations, draft layouts, image concepts, plant lists, or other outputs. Those outputs are for planning and informational purposes and may require professional review, local nursery confirmation, and site-specific judgment before purchase or installation.

8. Disclaimers

Our garden designs and plant recommendations are provided for informational purposes only. Results may vary based on:

• •Local climate and growing conditions
• •Soil quality and site-specific factors
• •Plant availability in your area
• •Individual plant care and maintenance

We are not responsible for the success or failure of any garden based on our designs.

9. Limitation of Liability

To the maximum extent permitted by law, gardenUP shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our Services. Our total liability shall not exceed the amount you paid for the Services in the twelve months preceding the claim.

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, United States, without regard to its conflict of law provisions. Any disputes shall be resolved in the state or federal courts located in Massachusetts.

11. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of any material changes by posting the updated Terms on our website. Your continued use of the Services after such changes constitutes your acceptance of the new Terms.