Terms of Service for AI Garden Design

Welcome to AI Garden Design ("aigardendesign.org", "we", "us", or "our"). AI Garden Design is a Software-as-a-Service (SaaS) platform that utilizes artificial intelligence to enable users to generate garden and landscape design images. By accessing and using our services, you ("user", "you", or "your") fully consent to be bound by these Terms of Service ("Terms"). These Terms meticulously govern every aspect of your access to and use of AI Garden Design, including your rights, obligations, and the parameters within which our services operate.

Scope of Services

AI Garden Design offers a specialized suite of services centered around the generation of high-quality garden and landscape design images through advanced artificial intelligence algorithms. Our services are designed to be versatile, catering to both personal and commercial needs. For personal use, users can create designs for their own gardens, backyards, or outdoor spaces, exploring creative ideas and visualizing potential projects. In the commercial realm, professionals such as landscape architects, garden designers, and real-estate developers can utilize our services to produce design concepts for clients, marketing materials, and project proposals.

However, the use of our services is subject to the specific limitations detailed in these Terms and the terms of the subscription plan you choose. We may, from time to time, update and enhance our services, introducing new features, improving the quality of image generation, or expanding the range of design options available. By continuing to use our services, you acknowledge and accept these potential changes and enhancements.

Subscription Plans and Usage Rights

Subscription Plan Details

AI Garden Design offers a diverse range of subscription plans, each carefully crafted to meet different user requirements and usage patterns. These plans vary in terms of features, usage limits, and associated costs. Some plans may be more suitable for occasional users who require only a limited number of image generations per month, while others are tailored for high-volume users or those with specific commercial needs.

Usage Rights and Limitations

Your usage rights are directly tied to the subscription plan you subscribe to. For plans that permit commercial use, you are granted the right to use the generated images in a commercial context, such as in client presentations, marketing materials, or on your business website. However, this commercial use is subject to certain conditions, including but not limited to proper attribution (if required) and compliance with all applicable laws and regulations regarding intellectual property and image usage.

For personal use plans, the generated images are intended for your personal, non-commercial purposes only. You may not use these images for any commercial gain, including selling them, using them to promote a business, or incorporating them into products or services for sale.

Authorized Access and Use

Access Channels

You are only permitted to access and use AI Garden Design through the official website provided by us. Any attempt to access our services through unauthorized channels, such as third-party websites, apps, or platforms, is strictly prohibited. This ensures the security of your account, the integrity of our services, and the protection of your data.

Prohibited Automated Access

You may not access or use our services in an automated manner. This includes, but is not limited to, scraping our website for data, using browser extensions that are designed to automate actions on our platform, or employing any other automated tools or methods. Automated access can put excessive strain on our computing and hosting resources, disrupt the normal operation of our services, and may also violate the rights of other users. If we detect any unauthorized automated access, we reserve the right to take immediate action, including suspending or terminating your account.

Restrictions on Image Use

You are strictly prohibited from using the generated images or outputs for the purpose of training artificial intelligence models. Additionally, you may not use our services or the generated content to create a competing or similar service. Our services and the generated images are the result of significant investment in research, development, and infrastructure, and we protect our intellectual property and business interests through these restrictions.

Copyright and Intellectual Property

The legal framework surrounding the copyright and intellectual property rights of AI-generated images is complex and continuously evolving, with varying interpretations in different jurisdictions. To the fullest extent permitted by applicable law, we grant you the rights to use the images generated through AI Garden Design in accordance with the terms of your subscription plan.

However, it is important to note that we make no representation or warranty regarding the uniqueness of the generated images. While our AI algorithms strive to produce original and creative designs, there is no guarantee that the images will not be similar to designs created by others or existing in the public domain. You are responsible for conducting your own due diligence to ensure that your use of the images does not infringe on the rights of third parties.

In the event that a third-party claims that an image generated through our services infringes on their copyright or other intellectual property rights, you agree to cooperate fully with us in defending against such claims. This may include providing us with any relevant information, participating in legal proceedings if necessary, and indemnifying us for any losses, damages, or expenses incurred as a result of the claim.

User-Provided Content

Rights and Ownership

When you upload images to AI Garden Design, you retain all rights and ownership of the content you provide. We recognize and respect your intellectual property rights, and we have no claim to the ownership of the original images you upload.

License Grant

However, by uploading images, you grant us a non-exclusive, royalty-free, worldwide license to use, reproduce, and modify your uploaded images. This license is essential for us to provide our services effectively, ensure the quality of the generated images, and continuously enhance our offerings.

Specifically, we may use your images in an aggregated and anonymized manner to improve the performance of our artificial intelligence models. This process helps us to train our algorithms, learn from user input, and generate more accurate and creative designs in the future. We take great care to protect your privacy and ensure that your personal information is not disclosed during this process.

By uploading images, you represent and warrant that you have the necessary rights and permissions to use and share those images in the manner described in these Terms. You are responsible for ensuring that the images you upload do not infringe on the rights of third parties, including copyright, trademark, or other intellectual property rights. If we receive a claim that an image you uploaded infringes on the rights of a third party, we may remove the image, suspend your account, or take other appropriate actions to protect our interests and the rights of others.

Data Storage and Deletion

Data Security Efforts

We are committed to maintaining the security and integrity of the data and images generated through our services. We employ a variety of technical, physical, and administrative security measures to protect your data from unauthorized access, use, disclosure, alteration, or destruction. These measures include data encryption, secure data centers, access controls, and regular security audits.

However, despite our best efforts, no data storage system is completely immune to risks such as hardware failures, software bugs, cyberattacks, or human errors. Therefore, we cannot be held liable for any loss of data or images that may occur due to circumstances beyond our reasonable control.

Data Deletion upon Cancellation

In the event that you cancel your subscription, we reserve the right to delete any data or images associated with your account. The specific time frame for data deletion may vary depending on the nature of the data and our operational requirements. We recommend that you regularly back up your generated images and data to an external storage location to ensure its preservation. This is particularly important if you rely on the generated content for personal or commercial projects.

Refunds

General Refund Policy

Due to the significant costs associated with generating images using artificial intelligence, including the investment in computing resources, algorithm development, and maintenance, our default policy is not to issue refunds. Once you have subscribed to our services and used the image generation features, we are unable to reverse the computational processes or recover the resources consumed.

Case-by-Case Consideration

However, we understand that there may be exceptional circumstances where a refund request is warranted. Therefore, we may consider refund requests on a case-by-case basis at our sole discretion. Factors that we may take into account when evaluating a refund request include the nature of the problem, the impact on your use of our services, and any relevant evidence or documentation you provide.

To submit a refund request, please contact our customer support team within [X] days of the event or issue that prompted the request. We will review your request promptly and notify you of our decision as soon as possible. Please note that even if your refund request is approved, the processing time for refunds may vary depending on your payment method and financial institution.

Acceptable Use

General Prohibitions

You agree to use AI Garden Design only for generating images that are appropriate and lawful. By using our services, you represent and warrant that you will not use them to create, promote, or disseminate any images that violate these acceptable use standards.

Specific Prohibited Content

Specifically, you may not use our services to create images that:

• Contain sexually explicit or pornographic content. This includes any images that depict or suggest sexual acts, nudity, or lewd behavior.
• Promote violence or hatred towards individuals or groups based on race, ethnicity, religion, gender, disability, or any other protected characteristic. We are committed to providing a safe and inclusive platform, and any form of discriminatory or hate-speech content is strictly prohibited.
• Violate any applicable laws or regulations, including but not limited to copyright, trademark, or intellectual property rights. You are responsible for ensuring that the images you create do not infringe on the rights of third parties, and you may be held liable for any legal consequences resulting from such violations.
• Are otherwise deemed inappropriate by AI Garden Design in its sole discretion. This includes images that are offensive, harassing, defamatory, or that otherwise violate the spirit of these Terms and our community guidelines.

Enforcement Actions

We reserve the right to monitor the use of our services and review the images generated by users to ensure compliance with these acceptable use standards. If we determine that an image violates these Terms, we may take a variety of enforcement actions, including but not limited to removing the image, issuing a warning, suspending your account, or terminating your access to AI Garden Design. In the event of repeated violations or severe infractions, we may take immediate and permanent action to terminate your account without prior notice.