These Terms of Use (“Terms”) are an agreement between you and GardenSocial, Inc. (“Garden”, “we”, “us”) and apply when you use the Garden apps for iPhone, iPad and Android, join-garden.com, and public Seed pages (together, the “Service”). By creating an account or using the Service you agree to these Terms and to our Privacy notice. If you do not agree, do not use the Service.
1. Who can use Garden
You must be at least 18 years old and able to form a binding contract. You may not use Garden if we have previously removed you from the Service.
2. Your account
You are responsible for your account and for keeping your sign-in details secure. Give accurate information, do not impersonate anyone, and do not share or sell your account. Tell us at gardener@join-garden.com if you think someone else is using it. You can delete your account at any time; see Delete your account.
3. Your content
Garden lets you create and share Seeds, plans, invitations, comments, messages, and photos, video or audio (“your content”). You keep ownership of your content. You give Garden a worldwide, non-exclusive, royalty-free license to host, store, process, display and share your content only as needed to operate, protect and improve the Service and to show it to the people you share it with, including anyone who opens a public Seed link. This license ends when your content is deleted, except for copies others have already saved or that we must keep as described in the Privacy notice.
You are responsible for your content and must have the rights to share it. Content shared on a public Seed page can be seen by people without a Garden account.
4. Zero tolerance for objectionable content and abusive users
Garden has zero tolerance for objectionable content and abusive behavior. You must not post, send or share anything that:
- harasses, bullies, threatens, intimidates or stalks anyone;
- is hateful or discriminatory, or promotes violence against people or groups;
- is sexually explicit, or sexualizes minors in any way;
- promotes self-harm, terrorism, or illegal activity, including the sale of illegal goods;
- is spam, a scam, misleading, or impersonates another person or organization;
- shares someone else’s private information (such as an address, phone number or location) without permission;
- infringes anyone’s intellectual property or other rights.
Seeds can involve meeting in person. Use good judgment, meet in public places, and never share proof, photos or locations of other people without their permission.
5. Reporting and blocking
- Report a user or a Seed from the app: in a chat, press and hold the name at the top and choose Report; on someone’s garden, open the “···” menu; on a Seed, open the “···” menu and choose Report. You can also email gardener@join-garden.com with the subject “Safety report”, the username or Seed link, and what happened.
- Block a user from the same places: in a chat (press and hold the name at the top), on their garden (“···” menu), in your Friends list (swipe left), or block a Seed’s host from the Seed’s “···” menu. Blocked people cannot message you and you will not see each other’s activity. You can unblock them in Blocked Accounts.
- We review reports and act on objectionable content within 24 hours: we remove the content and suspend or remove the account of the user who posted it when it breaks these Terms.
6. AI features
When you use optional AI-assisted features (such as drafting or structuring a Seed card), the prompt and context you provide are processed by our AI service providers solely to generate your requested content, as described in the Privacy notice. You can manage your AI feature preferences at any time in Privacy & Account settings. AI output can be inaccurate or incomplete; check places, times, prices and safety information yourself before you rely on them. Do not use AI features to create content that breaks Section 4.
7. Acceptable use of the Service
Do not interfere with or disrupt the Service, try to access accounts or data that are not yours, scrape or copy the Service at scale, reverse engineer it except where the law allows, or use it to break the law. We may limit features to protect people and the Service.
8. Suspension and termination
You can stop using Garden and delete your account at any time. We may remove content, or suspend or end your access, if you break these Terms, if we must do so by law, or to protect people or the Service. Where appropriate we will tell you why. If you think we got it wrong, email us with the subject "Appeal" within 30 days and a person will review the decision.
9. Third-party services
Garden works with services such as Apple, Google, maps and calendar apps. Your use of those services is governed by their own terms. Apple and Google are not parties to these Terms and are not responsible for the Service or its support.
10. Disclaimers
The Service is provided “as is” and “as available”. To the extent the law allows, we make no warranties, express or implied, including fitness for a particular purpose and non-infringement. We are not responsible for the conduct of other users, online or offline, or for activities you choose to do through a Seed. Some places do not allow these exclusions, so some of them may not apply to you.
11. Limitation of liability
To the extent the law allows, Garden is not liable for indirect, incidental, special, consequential or punitive damages, or for lost data or profits, and our total liability for any claim is limited to the greater of US$100 or the amount you paid us in the 12 months before the claim.
12. Governing law and disputes
These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law principles. Any dispute arising out of or relating to these Terms or the Service will be resolved exclusively in the state or federal courts located in New Castle County, Delaware, and you and GardenSocial, Inc. consent to personal jurisdiction and venue in those courts.
13. Changes to these Terms
We may update these Terms as Garden changes. We will post the new version here with a new date and, for material changes, tell you in the app or by email before they take effect. Continuing to use Garden after that means you accept the updated Terms.
14. Contact
GardenSocial, Inc., 131 Continental Dr, Suite 305, Newark, DE 19713. Email gardener@join-garden.com. Never send passwords or sign-in codes.