Agreement to these Terms
These Terms of Use ("Terms") are a binding contract between you and Landscape Design AI ("Landscape Design AI", "we", "us", "our"), the operator of the Landscape Design AI website and design tool (the "Service"). By creating an account, signing in, or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.
You accept these Terms electronically, and that acceptance has the same effect as a signature. If we update the Terms, the version in force is the one published at landscape-design.ai when you use the Service.
Definitions
A few terms are used throughout:
- "Account" is the account you create when you sign in to the Service.
- "Content" is the photos and other material you upload.
- "Design" is an AI-generated landscape concept image the Service produces from your Content.
- "Free Use" (or "free generation") is a complimentary generation allowance we provide to you, as described in Section 7.
Who we are
Landscape Design AI operates the Landscape Design AI Service. You can reach us at [email protected] or through the Contact page on our website.
Eligibility and authority
You must be at least 18 years old and able to form a binding contract to use Landscape Design AI. By using the Service, you confirm that you meet these requirements, that the information you give us is accurate, and that you are not barred from using the Service under any applicable law.
If you use Landscape Design AI for a business, such as a landscaping or design company, you accept these Terms on the business's behalf and confirm you are authorized to do so. In that case "you" includes the business.
Your account and security
You sign in with your Google account. Because anyone who can access your linked Google account can access your Account, keep your Google account secure.
You are responsible for all activity under your account. Keep your information accurate, and tell us promptly at [email protected] if you suspect unauthorized use. One person or business should use one account unless we agree otherwise.
What the Service does
You upload a photo of an outdoor space, choose design options — including space type (such as backyard, front yard, garden, patio, and more), intended use, style, elements, sunlight conditions, and slope — and Landscape Design AI uses AI to generate landscape design concepts from your photo.
The Designs are visual concepts to help you plan and explore ideas. They are not construction documents, engineering or architectural plans, surveys, or professional landscaping, horticultural, legal, or financial advice. See Section 13.
Free uses and usage limits
Landscape Design AI offers a limited number of free generations so you can try the Service.
- Without an Account: You can use the Service for 2 free generations. After reaching this limit, you will be prompted to sign in to continue.
- With an Account: After signing in, you receive an additional 2 free generations. Each day, signed-in users receive 2 free generations that refresh daily. Unused daily Free Uses do not roll over to the next day.
- Free Uses have no cash value, are not transferable, and are not redeemable for money. We may change free usage allowances at any time. We reserve the right to introduce paid plans or additional usage tiers in the future and will provide notice if and when that occurs.
- One generation consumes one Free Use. If a generation fails for a technical reason on our side, we will restore the Free Use or retry the generation at no additional cost.
Your Content and the license you grant us
You keep ownership of the photos and other Content you upload. We do not claim ownership of your Content.
You grant us a limited, worldwide, non-exclusive, royalty-free license to host, store, copy, and process your Content, including transmitting it to our AI provider, solely to operate the Service and generate Designs for you. This license exists only to run the Service for you and ends when you delete the Content or your Account, except for residual copies in routine backups that age out on a normal schedule.
You represent and warrant that you own or have the necessary rights to your Content, and that uploading it and having it processed does not violate any law or the rights of any third party.
Generated Designs and usage rights
As between you and us, and subject to your compliance with these Terms, you may use the Designs the Service generates for you for personal, non-commercial purposes. Commercial use may require a separate agreement.
Designs are produced by an AI model and vary between runs. Because the model generates from learned patterns, other users may receive similar or comparable results from similar inputs, so we cannot and do not promise that any Design is unique or that you hold exclusive rights in it. The legal status of rights in AI-generated output is still developing and differs by country.
A Design is a concept only. It may not be to scale, physically accurate, code-compliant, or buildable as shown, and any plants, materials, layouts, or costs it suggests are illustrative, not guarantees.
Acceptable use
You agree not to, and not to allow anyone else to:
- Upload Content you do not own or have the right to use, or that is unlawful, infringing, defamatory, obscene, hateful, or harmful.
- Upload photos that identify a person without their permission, or that invade anyone's privacy.
- Use the Service to create content that is misleading, deceptive, or intended to harm others.
- Interfere with, overload, disrupt, or attempt to gain unauthorized access to the Service, its security, or its usage metering.
- Copy, scrape, resell, sublicense, or redistribute the Service or other users' content, or reverse engineer or attempt to extract our source code or models.
- Use the Service to develop a competing product, model, or dataset, or to benchmark it for a competitor.
- Use automated means to access the Service except as we expressly permit.
Copyright and DMCA complaints
We respect intellectual property rights and respond to clear notices of alleged infringement under applicable copyright laws, including the US Digital Millennium Copyright Act (DMCA) where applicable.
If you believe content on the Service infringes your copyright, send a notice to [email protected] that includes: your signature (physical or electronic); identification of the copyrighted work; identification of the material claimed to infringe and where it is located; your contact details; a statement of good-faith belief that the use is unauthorized; and a statement, under penalty of perjury, that your notice is accurate and that you are the owner or authorized to act for the owner. We may remove allegedly infringing content, notify the affected user, accept counter-notices, and terminate repeat infringers.
Share links, feedback, and third-party services
You may be able to share or export Designs. You are responsible for what you share and with whom.
If you send us ideas, suggestions, or feedback, you grant us a perpetual, irrevocable, royalty-free license to use them without restriction or obligation to you.
The Service relies on third parties such as Google (authentication) and AI service providers (generation). Your use of those features may also be subject to the third party's terms, and we are not responsible for third-party services we do not control.
Not professional advice
Landscape Design AI does not replace a landscape architect, designer, contractor, arborist, or horticulturist. Before you spend money or begin work, independently verify feasibility, plant suitability for your climate and hardiness zone, materials, drainage, utilities, permits, and cost with a qualified professional.
You are solely responsible for any decision you make or action you take based on a Design.
Our intellectual property
The Service, including the website, software, design, text, graphics, and the Landscape Design AI name and logos, is owned by us or our licensors and is protected by intellectual property and other laws. Except for the limited right to use the Service under these Terms, we grant you no rights in our intellectual property, and you may not use our brand without our prior written permission.
Service availability, changes, and support
We aim to keep Landscape Design AI available, but we provide it without a guarantee of uninterrupted or error-free operation. We may modify, add, suspend, or discontinue features, and we may set or change usage limits, at any time. Where a change materially reduces an existing feature, we will give reasonable notice.
Support is provided through the Contact page and by email on a commercially reasonable-effort basis.
Suspension and termination
You may stop using Landscape Design AI at any time and delete your Account from your settings; deletion is permanent and irreversible, as described in the Privacy Policy.
We may suspend or terminate your Account or access, with or without notice, if you breach these Terms, misuse the Service, or create legal or security risk. Where it is reasonable and lawful, we will give notice first. On termination, your right to use the Service ends, and sections that by their nature should survive (including content licenses you granted, disclaimers, limitation of liability, indemnification, and dispute resolution) survive.
Disclaimers
THE SERVICE AND ALL DESIGNS ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
We do not warrant that the Service will meet your needs, be uninterrupted, secure, or error-free, or that any Design will be accurate, original, or suitable for construction or any particular use. Some jurisdictions do not allow certain disclaimers, so some of the above may not apply to you.
Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, LANDSCAPE DESIGN AI AND ITS OWNERS AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR FOR ANY LOSS ARISING FROM YOUR RELIANCE ON A DESIGN, EVEN IF ADVISED OF THE POSSIBILITY.
OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE IS LIMITED TO USD 100. Some jurisdictions do not allow these limits, so they may not fully apply to you, and nothing here limits liability that cannot be limited by law.
Indemnification
You agree to defend, indemnify, and hold harmless Landscape Design AI and its owners, employees, and suppliers from any claims, damages, liabilities, and reasonable legal costs arising from your Content, your use of the Service or of Designs, your violation of these Terms, or your violation of any law or third-party right.
Dispute resolution
Please read this section carefully. It affects how disputes are resolved.
- Informal resolution first: Before starting a formal proceeding, you agree to contact us at [email protected] and try to resolve the dispute informally for at least 30 days.
- Class-action waiver: To the fullest extent permitted by law, disputes will be conducted only on an individual basis. You and we waive any right to bring or participate in a class, collective, or representative action.
Governing law
These Terms and any dispute arising out of or relating to them are governed by applicable law. For any dispute that proceeds in court, the applicable jurisdiction will be determined in accordance with such law, except where the mandatory law of your home country or state gives you the right to bring a claim locally.
Changes to these Terms
We may update these Terms as the product and the law change. We will update the effective date, and for material changes we will give reasonable notice to active users. If you continue to use Landscape Design AI after a change takes effect, you accept the updated Terms. If you do not agree, stop using the Service.
General
These Terms and the Privacy Policy are the entire agreement between you and us about the Service and replace any prior agreements on that subject. If any provision is found unenforceable, the rest stays in effect, and the unenforceable part is limited to the minimum extent necessary.
Our failure to enforce a provision is not a waiver of it. You may not assign these Terms without our consent; we may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets. We are not liable for delays or failures caused by events beyond our reasonable control. We may give you notices by email or by posting in the Service, and you agree to receive communications electronically. Section headings are for convenience only.
Contact
Questions about these Terms? Email [email protected] or reach us through the Contact page on our website at landscape-design.ai.
