General Terms and Conditions – GardenPilot Professional (B2B)

Version: terms-b2b-2026-09-v3
Effective: upon publication
Language version: English
Scope: International B2B version

§ 1 Provider, scope and business status

  1. GardenPilot Professional is provided by:

PUENJER, S.L.U.
Avinguda Mèxic 17
07007 Palma de Mallorca
Spain
Tax number (NIF): B22974018
VAT identification number: ESB22974018
Email: support@gardenpilot.de
Telephone: +34 684 774 631
represented by its sole director (administrador único), Fin Pünjer

(“GardenPilot”, “we”, “us” or the “Provider”).

  1. These Terms apply exclusively to businesses, self-employed professionals, legal entities and other customers acting, when entering into the contract, in the course of their trade, business or self-employed professional activity.

  2. GardenPilot Professional is not a consumer offering. If a natural person in fact acts as a consumer, these B2B Terms do not apply to that consumer contract; mandatory statutory consumer rights are not excluded by an incorrect status declaration.

  3. GardenPilot may request reasonable evidence of business status, in particular company details, business contact details or a VAT identification number where available.

  4. Deviating, conflicting or supplementary terms of the customer apply only if GardenPilot has expressly accepted their application in text form.

§ 2 Subject matter of the service

  1. GardenPilot Professional is a digital, AI-supported software-as-a-service platform designed to support in particular garden and landscaping businesses, planners, garden designers and other commercial providers with garden planning, variant development, client communication and quotation preparation.

  2. Depending on the function purchased or triggered, services may include in particular:

    • analysis of garden and property photographs,
    • concept and variant development,
    • visualisations,
    • structured concept texts,
    • planning and structuring aids,
    • preliminary cost or effort estimates,
    • exportable presentation and project documents,
    • project-related AI assistants and workflows.

  3. The specific scope of a service is defined by the relevant offer, pricing/ordering page, the service description displayed immediately before a paid Credit action is triggered, or an individual agreement.

  4. Where a function is triggered against payment in Credits, the service owed – unless expressly agreed otherwise – consists of the automated creation and supply of the digital result described immediately before the action is triggered, based on the information supplied by the customer.

  5. GardenPilot Professional is conceptual and sales-support software. Unless expressly agreed individually, the service does not include in particular construction-ready or permit-ready planning, structural, building-law, safety, electrical, gas or water engineering, binding quantity/mass calculations, binding cost calculations, legal or tax advice, or any guarantee that depicted elements are locally permissible or available.

  6. AI outputs are generated probabilistically and may be incomplete, inaccurate or unsuitable in an individual case. Product-typical variation between multiple generations is not automatically a contractual defect. Expressly promised functions or characteristics nevertheless remain owed.

  7. The business customer remains responsible towards its own clients for professional verification, quotation content, calculations, permits, safety issues and actual execution.

§ 3 Registration, account and authorised users

  1. An account is required for core functions.
  2. The customer provides accurate and current company, billing and contact information.
  3. Credentials must be kept confidential and may be used only by authorised persons within the agreed scope.
  4. Where a company account is available to several authorised users, the customer is responsible for assigning permissions appropriately and adjusting them promptly when personnel leave or roles change.
  5. The customer must notify GardenPilot without undue delay of known misuse, unauthorised use or security incidents.
  6. GardenPilot may temporarily restrict access where there are specific security, misuse or serious contractual-breach grounds and the measure is proportionate.

§ 4 Contract language, project language and electronic contract formation

  1. GardenPilot Professional is offered in German and English for the user interface, contract formation and general contractual communication. The contract language is the language of the specific ordering or contracting flow. German is the contract language for a German-language flow and English for an English-language flow. No general priority of the German version is agreed for a contract concluded in English.

  2. Independently of the contract language, additional languages may be available for AI-generated project content. The project language concerns only the generated project content and changes neither the contract language nor the applicable law nor the relevant legal version.

  3. The presentation of products, Credit packages or functions generally constitutes an invitation to place an order and not yet a binding offer.

  4. Before submitting an electronic order, the customer can review and correct its entries. The terms applicable to the contract are made available before the order in a form that can be stored and reproduced.

  5. Before or during the electronic contracting process, the ordering interface provides information on the technical steps, means of correcting input errors, available contract languages and whether the electronic contract record will be archived and later accessible to the customer.

  6. The contract is formed when GardenPilot confirms the order, accepts the payment/order or activates or performs the purchased service, depending on which event in the specific ordering flow first constitutes acceptance.

  7. GardenPilot confirms receipt of an electronic order electronically without undue delay and no later than 24 hours after receipt.

  8. GardenPilot records for the contract the relevant legal version, locale/contract language, acceptance timestamp and associated content evidence/hash. Historical legal versions are not subsequently altered.

  9. Continuous access to a historical contract version in the account is owed only where that functionality is expressly offered. Electronic confirmations and contractual documents made available to the customer can be stored and reproduced by the customer.

§ 5 Credits

  1. GardenPilot Professional may charge paid actions in Credits.
  2. The number of Credits required for an action is displayed before the paid action is triggered.
  3. Current Credit packages and prices are stated on the pricing/ordering page or in an individual agreement and do not become static price lists forming part of these Terms.
  4. Paid Credits are valid for twelve months from the date on which they are credited. The applicable expiry date is displayed in the account. Unused Credits expire at the end of that validity period.
  5. Credits do not bear interest and are generally not transferable to other customer accounts or redeemable for cash unless expressly agreed otherwise or required by law.
  6. If a paid action is not properly started or supplied due to a technical failure attributable to GardenPilot, the Credit charged for it will not be finally consumed or will be restored, unless another appropriate remedy is agreed.
  7. A paid service that has been successfully started or supplied does not create a right to a refund of the Credit consumed solely because the result does not meet the customer's subjective design preferences, provided that the contractually promised functions and characteristics have been met.

§ 6 Prices, VAT, payment and invoices

  1. B2B prices are generally displayed net plus applicable VAT unless a gross price is expressly stated.
  2. Cross-border B2B services within the European Union are subject to the applicable VAT rules, including reverse charge where its requirements are met.
  3. The customer is responsible for the accuracy of its company, billing and VAT information and informs GardenPilot of relevant changes.
  4. Available payment methods are displayed during checkout. Payments may be processed by third-party payment providers, in particular Stripe. PUENJER, S.L.U. remains the contracting provider of the GardenPilot service.
  5. Invoices and payment receipts may be supplied electronically.
  6. In the event of payment default, GardenPilot may, after appropriate notice, withhold services or proportionately restrict the account. Statutory or contractually applicable consequences of default remain unaffected.

§ 7 Commercial usage rights in outputs

  1. The customer may use GardenPilot outputs generated for it for its own commercial purposes.
  2. Permitted uses include incorporation into quotations and presentations, provision to the customer's own end clients, internal business use, project-related sharing with employees, subcontractors and planning partners, and editing, supplementing and incorporation into the customer's own project documents.
  3. Without a separate agreement, the following are not permitted in particular: providing GardenPilot or substantial parts of it as the customer's own SaaS or white-label product, reselling access to the platform, systematic extraction of outputs, prompts, structures or data to build a competing system, or unauthorised sharing of credentials.
  4. To the extent transferable rights arise in AI-generated or AI-assisted outputs, GardenPilot grants the customer the rights required for the agreed commercial use to the extent GardenPilot is entitled to do so.
  5. GardenPilot does not guarantee that purely AI-generated elements are protected by copyright, exclusive or free from independently created similar results.

§ 8 Customer content, rights and client data

  1. The customer may provide GardenPilot with photographs, sketches, plans, location information, texts, wishes, preferences and other project information.
  2. The customer is responsible for having the rights and data-protection legal bases required for the relevant use.
  3. The customer should minimise data and, in particular, avoid unnecessary personal data, special categories of personal data and unnecessary third-party identifiers.
  4. For the duration and scope of contract performance, the customer grants GardenPilot the simple, non-exclusive rights required to store and technically process supplied content, disclose it to necessary service providers and generate the requested results.
  5. Where GardenPilot processes personal data solely on the customer's documented instructions, the Data Processing Agreement (DPA) additionally applies.
  6. The customer ensures that required information is provided to its end clients, employees, contacts or other data subjects.
  7. Where the customer culpably infringes third-party rights or legal requirements through content or instructions supplied by it, the customer indemnifies GardenPilot against resulting justified third-party claims and reasonable necessary legal defence costs, provided that GardenPilot informs the customer without undue delay and gives it a reasonable opportunity to participate in the defence.

§ 9 Data protection, processing and provider register

  1. Where GardenPilot processes personal data for its own purposes, in particular account, contract, billing, security, support and GardenPilot's own usage data, the B2B Privacy Policy applies.
  2. Where GardenPilot processes personal data solely on the business customer's instructions, the separate DPA applies.
  3. The infrastructure, cloud, AI, payment and email providers used in production and providers used as subprocessors are documented in the current Provider and Subprocessor Register.
  4. The Provider Register may change where providers are added or replaced or legal/technical conditions change. Subprocessor changes are additionally subject to the information and objection rules in the DPA.

§ 10 AI, professional review and transparency

  1. GardenPilot Professional uses AI systems and automated processes.
  2. In accordance with applicable transparency obligations, GardenPilot provides information where natural persons interact directly with an AI system or where content has been artificially generated or manipulated, where such information is legally required and not already obvious from the context of use.
  3. Visualisations are conceptual representations of possible design directions and are not binding execution drawings or photographs of gardens that have actually been built.
  4. Cost and effort estimates are preliminary guidance only unless expressly designated as binding in an individual agreement.
  5. The customer must professionally verify GardenPilot outputs before using them as a basis for binding quotations, calculations, construction, permits or other material decisions.
  6. Depending on the model and technical generation route used, outputs may contain machine-readable metadata, Content Credentials/C2PA, IPTC/XMP information, watermarks or other provenance signals. Not every technical generation route uses or preserves the same labels.
  7. Where the customer uses GardenPilot content towards its own end clients or publicly and this gives rise to the customer's own statutory transparency or labelling duties, the customer is responsible for fulfilling those duties. GardenPilot provides the information intended for this purpose within the product.

§ 11 Acceptable use

  1. GardenPilot Professional must not be used unlawfully, abusively or in a manner that endangers security.
  2. Prohibited conduct includes unlawful data processing, uploading unlawful content, circumvention of technical protection or access controls, scraping or automated mass use outside authorised interfaces, reverse engineering beyond acts mandatorily permitted by law, security attacks, attempts to overload systems or unauthorised system access, and use deliberately aimed at infringing third-party rights.
  3. AI labels or provenance signals must not be deliberately removed or manipulated in order to mislead third parties about the artificial origin of content. Incidental technical loss through ordinary conversion, cropping, uploading or other normal processing is not covered by this prohibition.
  4. In the event of serious or repeated breaches, GardenPilot may take appropriate protective measures, restrict content and, where necessary, temporarily restrict access or terminate for serious cause.

§ 12 Availability, maintenance and development

  1. GardenPilot does not owe uninterrupted availability at all times unless a separate SLA or express availability commitment has been agreed.
  2. Maintenance, security updates, technical changes, infrastructure incidents and third-party provider failures may temporarily affect availability.
  3. GardenPilot may develop or replace technical infrastructure, AI models and user interfaces provided that the contractual core utility is not materially impaired.
  4. Material adverse changes to ongoing contractual services are communicated with reasonable advance notice where practicable, unless urgent security, legal or availability reasons require a shorter-term change.
  5. Beta, preview or experimental functions may be subject to special limitations and may be changed or discontinued unless expressly promised as a binding core component of a paid individual agreement.

§ 13 Warranty

  1. GardenPilot provides the agreed digital services with the contractually owed functionality.
  2. Product-typical variation in probabilistic AI outputs is not automatically a defect. This does not apply where an expressly agreed function or characteristic is missing or the service is otherwise not in conformity with the contract.
  3. For justified defects, GardenPilot must first be given a reasonable opportunity to cure where legally permitted and reasonable for the customer.
  4. Mandatory statutory rights remain unaffected.

§ 14 Confidentiality

  1. Each party keeps the other party's confidential information confidential and uses it only for performing the contract.
  2. Confidential information includes in particular non-public project, client, pricing, contractual, security, business and technical information and trade secrets.
  3. The obligation does not apply to information that is demonstrably already lawfully public, already lawfully known to the receiving party, lawfully obtained from a third party without a breach of confidentiality, independently developed, or required to be disclosed by law or public authority.
  4. Where disclosure is legally required, the disclosing party informs the other party in advance to the extent legally permitted.
  5. Confidentiality obligations survive termination. For trade secrets they continue for as long as the information retains its confidential character.

§ 15 Switching, data export and portability under the EU Data Act

  1. GardenPilot Professional is offered as software as a service. To the extent the rules on switching between data processing services under Chapter VI of Regulation (EU) 2023/2854 (Data Act) apply, the following rights apply in addition.

  2. The customer may notify GardenPilot that it wishes to switch to another provider of data processing services, port its exportable data and digital assets to its own ICT infrastructure, or have its exportable data and digital assets erased upon termination.

  3. GardenPilot supports the switching process without undue delay, provides reasonable assistance, supports the customer’s exit strategy relevant to the contracted services by providing the necessary information, uses due care to maintain business continuity during the transition, informs the customer of known continuity risks and maintains an appropriate level of security during transfer and the retrieval period.

  4. The maximum notice period for initiating the switching process does not exceed two months. Unless an individual term or a shorter period has been agreed, GardenPilot begins the technically required switching process without undue delay following a sufficiently specific switching request.

  5. The mandatory transitional period is generally no longer than 30 calendar days. If that period is technically unfeasible, GardenPilot informs the customer within 14 working days of the switching request, explains the technical reasons and specifies an alternative transitional period of no more than seven months. Service continuity is maintained throughout that alternative transitional period.

  6. The customer may extend the transitional period once for a period it considers more appropriate for its own purposes.

  7. Exportable categories include, where present in and attributable to the specific customer account, customer-supplied project/property photographs and files; project texts, wishes, preferences and free text; location and project information; visualisations, texts, planning and project documents generated for the customer; structured project/concept data and customer-attributable project metadata; and customer-related settings and configuration data to the extent relevant for continued use of the exported data.

  8. Excluded from the export obligation are only categories specific to GardenPilot's internal functioning where disclosure would create a risk to GardenPilot trade secrets or intellectual-property rights, in particular proprietary system prompts and orchestration logic, internal model-routing/cost logic, internal abuse/fraud signals, internal security information and purely internal operational/diagnostic data, provided that their exclusion does not prevent or unduly delay switching.

  9. After completion of the transition, a retrieval period of at least 30 calendar days applies. After that period or a later agreed date, GardenPilot erases exportable data and digital assets generated directly by or relating directly to the customer, unless statutory retention duties or another lawful basis require continued retention.

  10. The main agreement remains applicable during the transitional period and, in connection with a switch, is considered terminated once the switching process has been successfully completed or – where the customer requests erasure rather than switching – at the end of the applicable maximum notice period, unless another mandatory rule applies. GardenPilot notifies the customer of the termination.

  11. Current information on available switching and export procedures, formats, known technical restrictions, data structures and relevant interoperability information is provided in an online register:

  • German: https://gardenpilot.ai/de/partner/data-export/
  • English: https://gardenpilot.ai/en/partner/data-export/

  1. GardenPilot does not charge separate fees solely for contract-compliant data export or for the switching process required by law. Mandatory statutory rules on switching charges remain unaffected.

  2. To the extent Article 30(2) of the Data Act applies, GardenPilot makes the open interfaces required for switching available free of charge to all affected customers and destination providers to the extent required by law. The online register referred to in paragraph 11 also contains the information required by Article 28 of the Data Act on the jurisdiction to which the deployed ICT infrastructure is subject and a general description of the technical, organisational and contractual measures taken to prevent international governmental access to or transfer of non-personal data held in the Union where such access or transfer would conflict with Union or applicable national law.

§ 16 Liability

  1. GardenPilot has unlimited liability for intent and gross negligence, for damage arising from injury to life, body or health and in other cases in which liability cannot legally be limited.
  2. For a lightly negligent breach of an essential contractual obligation, liability is, to the extent legally permitted, limited to the damage typically foreseeable when the contract was concluded.
  3. Liability for a lightly negligent breach of non-essential contractual obligations is excluded to the extent legally permitted.
  4. GardenPilot is not liable for the professional correctness of the customer's decisions, calculations, quotations, permit assumptions or execution where the customer relies on AI outputs without carrying out an evidently necessary professional review.
  5. GardenPilot does not assume liability for guarantees or commitments made by the customer to its own end clients that go beyond the scope contractually owed by GardenPilot.
  6. The preceding provisions apply correspondingly for the benefit of GardenPilot's legal representatives, employees and agents.

§ 17 Term and termination

  1. The account agreement is open-ended unless an individual agreement provides for a fixed term.
  2. The customer may terminate an open-ended account agreement in text form. Individually agreed minimum terms, subscriptions or notice periods remain unaffected.
  3. GardenPilot may ordinarily terminate an open-ended account agreement on reasonable notice unless an individual agreement provides otherwise.
  4. The right of both parties to terminate for serious cause remains unaffected.
  5. After termination, access is disabled. Data processing, export, switching, return and erasure are governed by these Terms, the B2B Privacy Policy, the DPA and – where applicable – the Data Act.
  6. If GardenPilot ordinarily terminates an open-ended account agreement before valid paid Credits can be used, the customer is given a reasonable opportunity to use them until regular expiry or receives a refund of the unusable remaining value.
  1. Published Terms are immutably versioned.
  2. For electronic contract formation, GardenPilot records the relevant legal version, locale/contract language, timestamp and content hash or equivalent content evidence.
  3. Historical published versions and versions used for a specific contract are not subsequently altered.
  4. Purely editorial or technical changes that do not adversely alter the customer's legal position, and solely beneficial changes, may be published for existing contracts without renewed acceptance to the extent permitted by applicable law.
  5. Material changes to existing rights or obligations are notified in due time. Where express acceptance is required, it is obtained separately.
  6. New versions of these Terms may apply to new orders from publication.

§ 19 Governing law and jurisdiction

  1. The laws of the Kingdom of Spain apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
  2. To the extent legally permitted, the exclusive jurisdiction for disputes arising out of or in connection with GardenPilot Professional is Palma de Mallorca, Spain.
  3. Mandatory data-protection law, the directly applicable EU Data Act and other mandatory Union law remain unaffected.

PUENJER, S.L.U. – GardenPilot Professional