Agreement
These Terms of Service (the "Terms"), together with our Privacy Policy, form a legally binding agreement between you and Juan Rebellon, doing business as Easy Landscape Design ("Easy Landscape Design", "we", "us", or "our"), governing your access to and use of the easylandscapedesign.com website and related applications, features, and services (collectively, the "Service"). By accessing or using the Service in any way, you agree to be bound by these Terms. If you do not agree, do not use the Service.
Who May Use the Service
The Service is intended for individuals aged 18 and over. Individuals 13–17 may use the Service only with the consent and supervision of a parent or legal guardian who agrees to these Terms. The Service is not available to users under 13.
1. The Services
Easy Landscape Design provides AI-assisted landscape design tools that allow you to upload images, provide prompts and preferences, generate before/after concepts, receive plant lists, and download results. We may also offer supporting features such as project history, export options, and subscription management. Unless otherwise agreed in writing, the Service is provided for your personal, non-commercial use.
We may use third-party providers to enable parts of the Service, including Google Cloud/Firebase (hosting and auth), Google AI/Gemini (generation), and Stripe (payments). Outputs produced by the Service are for informational and visualization purposes only and do not constitute professional, engineering, architectural, horticultural, or legal advice. You are responsible for verifying suitability and compliance with applicable codes, ordinances, and site conditions.
We make no representation that the Service is appropriate or available in jurisdictions outside the United States. If you access the Service from other locations, you do so on your own initiative and are responsible for compliance with local laws where they apply.
2. Accounts and Your Responsibilities
You agree to provide accurate, current, and complete information, to maintain the security of your account and credentials, and to promptly update any changes. You are responsible for all activity under your account. We may reclaim usernames that violate rights or are otherwise objectionable in our discretion.
You must promptly notify us of any unauthorized use of your account or breach of security. We are not liable for losses caused by unauthorized use of your account, whether by you or by third parties.
3. User Content; Generated Output; Licenses
"User Content" includes uploads, prompts, inputs, feedback, and any outputs you generate using the Service. As between you and us, you retain ownership of your User Content. Subject to applicable law, you also own the unique images and documents you generate through your use of the Service (the "Output"). We do not claim ownership of your Output.
To operate the Service, you grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, adapt, and display your User Content and Output solely to provide, maintain, secure, troubleshoot, and improve the Service, to comply with law, and to enforce these Terms. If you choose to share content publicly (for example, community showcases), you also grant the necessary rights to display and distribute such content to other users as configured by you.
You represent and warrant that you have all rights necessary to submit User Content; that your content does not infringe the rights of others or violate law; and that you have obtained consents from identifiable individuals shown in your uploads.
4. Acceptable Use and Prohibited Activities
You agree not to: (a) use the Service for any unlawful purpose; (b) reverse engineer, decompile, or attempt to derive the source code of any software; (c) interfere with or disrupt the security, integrity, or performance of the Service; (d) access the Service using automated means (scrapers, bots) without written permission; (e) upload unlawful, infringing, misleading, or harmful content, including content that violates privacy or publicity rights; (f) misrepresent your identity or affiliation; (g) attempt to bypass usage limits or fees; (h) collect users’ information without consent; (i) use the Service to compete with us or for benchmarking without consent; or (j) use the Service in a manner inconsistent with these Terms or applicable law.
5. Payments, Subscriptions, and Refunds
Certain features require payment. We process payments via Stripe. If you purchase a subscription, you authorize recurring charges to your selected payment method until you cancel. Cancellations take effect at the end of the current billing period; partial periods are not refunded unless required by law. Unless stated otherwise, all fees are non-refundable. We may change prices and features with notice as required by law.
Trials and Promotions. Trial periods or promotional offers may be available from time to time and are subject to their stated terms. We may modify or discontinue promotions at any time.
Taxes. Prices may not include applicable taxes or government charges; you are responsible for any such amounts, which may be charged in addition to our fees.
Chargebacks. If you dispute a charge, contact us first so we can help resolve the issue. Unfounded chargebacks may result in suspension of access.
6. Third-Party Services
The Service may link to or rely on third-party websites, services, or content. We do not control and are not responsible for third-party content or practices. Your use of third-party services is subject to their terms and policies.
7. Intellectual Property
The Service, including all software, designs, text, graphics, logos, and other materials, is owned by us or our licensors and protected by intellectual property laws. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial purposes. We reserve all rights not expressly granted.
8. Disclaimers
THE SERVICE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT OUTPUTS WILL MEET YOUR REQUIREMENTS OR BE FREE FROM DEFECTS.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL EASY LANDSCAPE DESIGN OR ITS OWNERS, EMPLOYEES, CONTRACTORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE AMOUNTS YOU PAID TO US FOR THE SERVICE IN THE THREE (3) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
10. Indemnification
You agree to indemnify and hold harmless Easy Landscape Design and its owners, contractors, and agents from and against any claims, losses, liabilities, damages, and expenses (including reasonable attorneys’ fees) arising out of or related to your User Content, your use of the Service, or your violation of these Terms or applicable law.
11. Termination
We may suspend or terminate your access to the Service at any time for any reason, including for violation of these Terms. Upon termination, the rights and licenses granted to you will end, except that provisions that by their nature should survive will survive (including ownership provisions, warranty disclaimers, and limitations of liability).
12. Changes to the Service; Modifications
We may update these Terms from time to time. If we make material changes, we will post the updated Terms and update the “Last updated” date. Your continued use of the Service after the changes become effective constitutes your acceptance of the revised Terms.
We may add, remove, or change features of the Service at any time (including discontinuing features), with or without notice, provided we comply with applicable law.
13. Dispute Resolution
Governing Law; Venue. These Terms and any dispute arising out of or related to them or the Service are governed by the laws of the State of Florida, without regard to conflict of law principles. Except as otherwise provided below, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Florida.
Informal Resolution. Before filing any claim, the parties will attempt to resolve the dispute informally for thirty (30) days after written notice of the dispute is sent.
Arbitration; Class Waiver. If a dispute is not resolved through informal discussions, either party may elect binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and, where applicable, the Consumer Rules. The arbitration will take place in Florida, may be conducted by video or phone, and the arbitrator’s decision will be final and binding except as provided by law. To the fullest extent permitted by law, disputes will be arbitrated only on an individual basis and not in a class, consolidated, or representative proceeding. If this class waiver is found unenforceable, this arbitration clause is severed and disputes will be heard in court.
Injunctive Relief. Either party may seek injunctive or equitable relief in court to protect intellectual property or against unauthorized use of the Service.
14. Data; Electronic Communications
We may maintain data you submit to the Service for purposes of operation and performance. You are responsible for maintaining your own backups. Your use of the Service includes the ability to enter into agreements and make transactions electronically; you consent to receive communications electronically, and your electronic submissions constitute your agreement and intent to be bound.
15. Notices
Notices to us may be sent to info@easylandscapedesign.com. Notices to you may be delivered via the email associated with your account.
16. Miscellaneous
These Terms constitute the entire agreement between you and us regarding the Service and supersede prior agreements. If any provision is unenforceable, it will be modified to the minimum extent necessary and the remainder will remain in effect. You may not assign these Terms without our consent. We may assign these Terms without restriction. No waiver of any term will be deemed a further or continuing waiver of such term. Neither party is liable for delays or failures due to causes beyond its reasonable control (force majeure).
17. Contact
Questions about these Terms? Contact us at info@easylandscapedesign.com.