Terms of Service · GuardenerAI

1. Agreement

These Terms of Service ("Terms") are a contract between you and GuardenerAI LLC, a Georgia limited liability company ("GuardenerAI", "we", "us"). They govern your use of the GuardenerAI application, its API and MCP server, and the website at guardenerai.com (together, the "Service").

By creating an account, accepting an invitation to a workspace, or using the Service, you accept these Terms. If you use the Service on behalf of a company or other organization, you confirm that you have authority to bind it, and "you" means that organization. If you do not agree, do not use the Service.

2. Definitions

Workspace: the organization account you create in the Service, with its own users, settings and data.
Customer Data: the records, files, messages and other content that you or your users put into a workspace, including information about your own customers and contacts.
Users: the people you invite to your workspace. You are responsible for your users and for their compliance with these Terms.
AI Features: the assistant, agents, commands and other features that use artificial intelligence models to read, draft or act on Customer Data.

3. Accounts and security

You must be at least 18 years old and use the Service for business purposes.
Give accurate information when you sign up and keep it current.
Keep your credentials and API keys confidential. You are responsible for activity under your account and your workspace, including activity through API keys you create.
We recommend multi-factor authentication for every user. Tell us promptly at hello@guardenerai.com if you believe an account or key has been compromised.

4. Plans, fees and payment

Plans. The Service is offered on a free plan and on paid plans, as described on the pricing page. Paid plans are a flat fee per workspace, not per user. Each plan includes usage allowances for metered parts of the Service, shown in the app.
Billing. Paid plans are billed in advance for each billing period and renew automatically until cancelled. Payments are processed by Stripe. Fees are exclusive of taxes, which are added where required.
Cancellation and refunds. You can cancel at any time by emailing hello@guardenerai.com from your account owner's address. Your plan stays active until the end of the period you have paid for and does not renew. Fees already paid are not refunded, in whole or in part, except where the law requires a refund.
Changes to prices. We may change plan prices or allowances. We will give account owners at least 30 days' notice by email before a price increase applies to an existing subscription, and the change takes effect from your next billing period.
Late payment. If a payment fails and is not resolved, we may move the workspace to the free plan or suspend paid features until it is.
Free plan. We may change the free plan's allowances, or discontinue the free plan, with at least 30 days' notice.

5. Your data

You own your Customer Data. You grant us a limited right to host, copy, process, transmit and display it only as needed to provide, secure and support the Service for you, and as described in our Privacy Policy. We do not sell Customer Data, and we do not use it to train third-party foundation models.

You are responsible for your Customer Data: that you have the right to collect and store it, that you have any notices and consents the law requires (including for the people you email, text or message through the Service), and that it does not break these Terms.

You can export your records at any time while your workspace is active. After a workspace is closed, its data is deleted as described in section 11.

6. AI Features

AI Features act within the permissions of the user who asks, and changes made in bulk are shown for confirmation before they are applied.
AI output can be incomplete or wrong. Review it before you rely on it, send it to anyone, or act on it. You are responsible for how you and your users use AI output.
AI Features use models provided by third parties through our hosting provider. Your Customer Data is not used to train those models.
Do not use AI Features to make decisions that produce legal or similarly significant effects on a person without meaningful human review.

7. Messaging, signatures and payments you run through the Service

Email, SMS and WhatsApp. When you send messages through the Service, you are the sender. You are responsible for obtaining consent where required, honouring opt-outs, and complying with the laws and provider policies that apply to commercial messages, such as CAN-SPAM, the TCPA, and the rules of your messaging providers.
Electronic signatures. The Service records consent, signatures and an evidence trail for documents you send for signature. You are responsible for deciding whether an electronic signature is appropriate and valid for a given document and place. We do not give legal advice.
Invoices and payment links. Payments your customers make through payment links are processed by Stripe under your own agreement with Stripe. We are not a party to those payments and do not hold the funds.

8. Third-party services and integrations

The Service connects to services you choose, such as mailboxes, calendars, messaging providers, online stores and payment processors. Your use of those services is governed by their own terms. We are not responsible for third-party services, and we may change or stop an integration if the provider changes or withdraws it.

9. API and MCP server

You may use the API and MCP server with keys created by your workspace's admins. Keep keys secret, stay within the published rate limits, and do not use the API to get around plan allowances or these Terms. We may revoke keys that put the Service or other customers at risk.

10. Acceptable use

You will not, and will not let others:

use the Service for anything unlawful, fraudulent or harmful, or to send spam or unsolicited messages;
upload malware, or try to breach, probe, overload or disrupt the Service or another customer's workspace;
access the Service by automated means other than the API and MCP server, or copy, reverse engineer or resell the Service except as the law allows or we agree in writing;
store payment card numbers, government identification numbers or other sensitive data in fields not designed for it;
store protected health information or other regulated health data unless a written agreement covering it, such as a business associate agreement, is in place with us.

11. Term, suspension and termination

These Terms apply for as long as you use the Service.
You can ask us to close your workspace at any time by emailing hello@guardenerai.com from your account owner's address. We may suspend or close a workspace that breaks these Terms, puts the Service or others at risk, or is required to be closed by law. Where we reasonably can, we will tell you first and give you a chance to fix the problem.
After a workspace is closed, its data is deleted within 30 days, and removed from backups as they expire, normally within a further 7 days. Export anything you need before you close it.
Sections 4 (for amounts owed), 5, 12, 13, 14, 15 and 17 survive termination.

12. Our intellectual property and feedback

The Service, including its software, design and content, belongs to GuardenerAI LLC and its licensors. These Terms give you a right to use the Service, not ownership of it. If you send us ideas or feedback, we may use them without any obligation to you.

13. Disclaimers

The Service is provided "as is" and "as available". To the fullest extent permitted by law, GuardenerAI LLC disclaims all implied warranties, including merchantability, fitness for a particular purpose and non-infringement, and does not warrant that the Service will be uninterrupted or error-free. Features described as in development may change or be withdrawn.

14. Limitation of liability

To the fullest extent permitted by law, neither party is liable to the other for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data, even if it was told they were possible. Our total liability for all claims relating to the Service is limited to the amounts you paid us for the Service in the twelve months before the event giving rise to the claim. Nothing in these Terms limits liability that cannot be limited by law.

15. Indemnity

You will defend and indemnify GuardenerAI LLC against claims by third parties arising from your Customer Data, the messages you send through the Service, or your breach of these Terms or of the law, and pay the resulting losses and reasonable costs.

16. Changes to these Terms

We may update these Terms. We will post the new version here with a new date, and for material changes we will email account owners at least 30 days before they take effect. If you keep using the Service after that, the new Terms apply. If you do not agree, you can cancel and close your workspace before they take effect.

17. Governing law and disputes

These Terms are governed by the laws of the State of Georgia, USA, without regard to its conflict-of-law rules. The state and federal courts located in Georgia have exclusive jurisdiction over any dispute arising from these Terms or the Service, and both parties consent to their jurisdiction. Either party may seek urgent injunctive relief in any court with jurisdiction.

18. General

Notices. We send notices to the email address of your workspace's account owner. Send notices to us at hello@guardenerai.com.
Assignment. You may not transfer these Terms without our consent. We may transfer them as part of a merger, acquisition or sale of assets, with notice to you.
Force majeure. Neither party is responsible for delays or failures caused by events beyond its reasonable control.
Entire agreement. These Terms, the Privacy Policy, and any order form or written agreement we sign with you are the entire agreement on this subject. If a signed agreement conflicts with these Terms, the signed agreement wins.
Severability and waiver. If part of these Terms is unenforceable, the rest stays in effect. Not enforcing a right is not a waiver of it.

19. Contact

GuardenerAI LLC. Questions about these Terms: hello@guardenerai.com.