Terms and Conditions (T&Cs) for the use of the platform "GardenPilot"

§ 1 Scope, contracting parties and definitions

1. These T&Cs govern the use of the online platform "GardenPilot" under the domains gardenpilot.de, gardenpilot.com as well as, where applicable, further domains used by the Operator (hereinafter collectively the "Platform").
2. The contracting party is PUENJER, S.L.U., Avinguda Mèxic 17, 07007 Palma de Mallorca, Spain (hereinafter "Operator", "we" or "us").
3. The Platform is aimed exclusively at consumers within the meaning of Art. 3 lit. a of the EU Consumer Rights Directive or the corresponding national implementations.
4. These T&Cs apply to all contracts for the use of the Platform and the digital products and services offered through it (AI garden analyses, garden concepts, digital planning aids, step-by-step instructions, chat/bot functions). Deviating or supplementary terms of the User do not apply.
5. In addition to these T&Cs, separate data protection provisions and withdrawal instructions may apply, to which we draw separate attention during the ordering process.

§ 2 Description of services of the platform

1. GardenPilot is a predominantly digital, AI-powered platform for private garden planning. Services include, among others, the analysis of garden and property photos, the creation of garden concepts and visualizations, structured planning aids, step-by-step instructions (DIY), an AI-based chat assistant ("Bot") as well as the evaluation of public community projects and personalized recommendations based thereon.
2. To provide these services, the Operator uses various third-party AI and cloud services (including OpenAI, Google Gemini, Supabase, AWS). The specific service providers may change.
3. The content generated by the AI consists of automated, probabilistic outputs. It may be incomplete, inaccurate or erroneous and does not replace individual professional planning (e.g. by architects, structural engineers, qualified electrical contractors, landscaping firms).
4. The Operator does not owe any building-law, structural, safety-related or official review of the concepts. The services serve exclusively to inspire and support private garden planning.
5. The nature and scope of the service owed in each case result from the description of services of the chosen product/package.
6. The Operator is entitled to continuously further develop the content, functions and design of the Platform.

§ 3 Registration, user account and contract language

1. For certain functions, registration and the creation of a user account are required.
2. The User undertakes to provide complete and truthful information during registration and to update it without delay.
3. Access data must be treated confidentially. Disclosure to third parties is not permitted. In the event of suspected misuse, the Operator must be informed without delay.
4. Conclusion of the contract and communication take place in the German language.

§ 4 Conclusion of contract, credit system and subscriptions

Conclusion of contract

1. The presentation of the products does not constitute a binding offer, but a non-binding invitation to submit an order.
2. The User selects the desired services and orders in a multi-stage ordering process.
3. By clicking on "Order subject to payment", the User submits a binding offer.
4. The contract is concluded by order confirmation via e-mail or by immediate provision of the service.

Credit-based usage model

1. GardenPilot uses a credit system for billing actions.
2. After registration, new users receive a free test project to try GardenPilot once, with no commitment. This does not include any starting balance of credits.
3. Credits can be purchased in various packages. Current prices on the pricing page.
4. Purchased credits are valid for 12 months from the time they are credited.
5. Each action subject to payment costs a certain number of credits, displayed before execution.
6. Payment for credit packages is due immediately upon conclusion of the contract.
7. After payment, credits are credited immediately.

Subscriptions (future option – currently not active)

The Operator reserves the right to offer subscription models in the future. As long as no subscriptions have been made concretely bookable, the provisions on subscriptions are not deemed to be activated.

Individualized digital products (concepts, plans)

For actions that generate individualized digital products (concepts, visualizations, plans), the creation begins immediately after the credits are redeemed. Due to the immediate and automatic processing, a refund after the start of production is not possible (see § 6).

§ 5 Prices, payment terms and payment service provider (Stripe)

1. All prices are in euros (EUR) including statutory value-added tax.
2. Available payment methods (credit card, SEPA, Apple Pay, Google Pay, etc.) are displayed during the ordering process.
3. The technical processing of payment is carried out via payment service providers (e.g. Stripe). The Operator remains the contracting party.
4. By selecting a payment method, the User authorizes the collection of the amount due.
5. In the event of default in payment, access to the Platform may be temporarily blocked.
6. Invoices are generally made available electronically.

§ 6 Right of withdrawal for consumers and early expiry

Statutory right of withdrawal when purchasing credits

The purchase of credits subject to payment constitutes a distance contract. In this respect, consumers are entitled to a statutory right of withdrawal of 14 days from the conclusion of the contract. If the purchase is withdrawn within the deadline, the Operator will refund the unused credit balance from the withdrawn purchase. Details and the model withdrawal form are contained in the separate withdrawal policy.

Expiry of the right of withdrawal upon redemption of credits

If credits are redeemed to generate digital content (garden concepts, visualizations, plans), the right of withdrawal lapses pursuant to Section 356(6)(2) BGB (German Civil Code) as soon as the Operator has begun the performance of the contract, after the User has expressly consented to the Operator beginning the performance of the contract before the end of the withdrawal period, the User has confirmed their knowledge that by giving this consent they lose their right of withdrawal upon the commencement of the performance of the contract, and the Operator has provided the User with a confirmation of the contract. For the portion of the credits used in this way, there is therefore no right of withdrawal and no entitlement to a refund.

Express consent to immediate performance and declaration of waiver

Before such content is created, the User is expressly informed that production begins immediately upon the redemption of the credits. The User expressly consents to the immediate performance before the end of the withdrawal period and confirms their knowledge that they thereby lose their right of withdrawal for this part (Section 356(6)(2) BGB). Confirmation is given by means of a corresponding checkbox in the ordering process.

Early expiry for other digital contents

For non-individualized digital contents as well, the right of withdrawal expires when the Operator has begun performance, the consumer has expressly consented to the immediate performance and has confirmed knowledge of the expiry.

§ 7 Rights of use in the platform and in AI-generated content

1. All rights in the Platform (software, design, logos, trademarks, texts) lie with the Operator or its licensors.
2. The User receives a simple, non-exclusive, non-transferable right to private use during the term of the contract.
3. AI-generated content (concepts, texts, visualizations) may be used, stored and printed for private purposes.
4. Commercial use is not permitted without the express written consent of the Operator.
5. Editing of the AI content is permitted for private purposes; the User bears the legal responsibility.

§ 8 User content (uploads, photos, texts)

1. Users can upload content (photos, site plans, sketches, texts – "user content").
2. The User warrants that they hold the necessary rights and do not infringe any third-party rights.
3. The User grants the Operator a simple, spatially unlimited, non-exclusive, royalty-free right of use for the performance of the contract.
4. Anonymized or aggregated user content may be used to improve the Platform and the AI models.
5. The Operator may remove or block user content in the event of legal violations.
6. Community publication: The community gallery is currently unavailable; projects are not published and are not publicly accessible. Once we offer the gallery again, publication will only take place following the user's explicit decision. A published project is visible with a pseudonymous avatar name, images and project information; other users can rate it (like/dislike, stars). Ratings serve personalization and improvement of the Platform. Projects can be set to "private" at any time and free of charge.

§ 9 Obligations of users and prohibited uses

The User undertakes to use the Platform only within the framework of applicable laws and these T&Cs. In particular, the following are prohibited:

• unlawful, insulting, discriminatory, violence-glorifying, pornographic content
• content without rights of use or in violation of third-party rights
• disruption, overloading or manipulation of the Platform (scraping, hacking)
• circumvention of security mechanisms and access restrictions
• creation/distribution of manipulative content (deepfakes, fake reviews, fraud)
• images with identifiable persons, vehicle license plates, house numbers without the consent of the persons concerned

Protection of AI labeling. Images and other AI-generated content created via the platform carry — depending on the generation path — labels identifying them as AI-generated: in particular signed provenance records under the C2PA standard (“Content Credentials”), open metadata (IPTC/XMP), and invisible watermarks applied by the model providers (e.g. SynthID). These labels serve transparency and the fulfilment of legal obligations, in particular under Article 50 of Regulation (EU) 2024/1689 (the “AI Act”).

Users must not deliberately remove, suppress, alter or obscure these labels, nor engage third parties to do so. In particular, users must not deliberately delete or falsify the C2PA manifest or the metadata, and must not use tools or services whose purpose is the removal of AI labels or watermarks.

Ordinary, intended use of the content is not prohibited — even where labels may be lost for technical reasons in the process (e.g. automatic re-encoding when uploading to social media platforms or messengers, cropping, or format conversion in the course of normal image editing). What matters is whether removing the label is the aim of the action or merely a technical side effect.

In the event of violations, the Operator may delete content, block access or terminate the contract extraordinarily. Further claims remain unaffected.

§ 10 Special notes on AI functions, safety and personal responsibility

1. On the Platform, the User interacts with AI systems. Much of the content is generated automatically by AI.
2. AI-generated content may contain errors, omissions or professionally incorrect statements. It is not binding professional advice.
3. The content serves private orientation and inspiration. It does not replace building-law/architectural planning, structural calculations, safety-related assessment or professional execution (electrical, gas, water).
4. Before implementing structural measures, the User is obliged to check local building and use regulations, to consult professionals and to observe manufacturer specifications.
5. The Operator is not liable for damages caused by the uncritical adoption of the recommendations without expert review.
6. The User is obliged to critically review the information and to seek expert advice.

§ 11 Warranty and liability

1. The statutory warranty rights apply.
2. Unlimited liability for damages arising from injury to life, body or health.
3. Unlimited liability in the event of intent or gross negligence.
4. In the case of slight negligence, only in the event of a breach of essential contractual obligations (cardinal obligation), limited to the damage typically foreseeable for the contract.
5. Further liability for damages is excluded. Product liability law remains unaffected.
6. No guarantee of uninterrupted availability of the Platform.
7. No liability for third-party services and content (linked shops, external providers).

§ 12 Data protection

The protection of personal data takes place within the framework of the GDPR. Details in the respectively current privacy policy.

§ 13 Term, termination of the user account and deletion of data

1. The usage contract exists for an indefinite period.
2. The User can terminate their account at any time in text form or via the Platform.
3. The Operator may terminate without notice in the event of serious violations of these T&Cs or applicable law.
4. After the end of the contract, the user account is deactivated and personal data is removed from the normal operation of the Platform. Insofar as statutory retention or blocking obligations exist, or data is required to the extent permitted by law for the establishment, exercise or defence of legal claims, the data required for this purpose may be blocked or retained for the respective period. During that time it is not used for any other purposes and is deleted thereafter. Details are set out in the privacy policy.
5. Anonymized/aggregated data may continue to be used.

§ 14 Changes to the T&Cs and to the services

1. The Operator may amend these T&Cs for objective reasons (statutory changes, function extensions, regulatory gaps).
2. Changes are communicated in text form. They are deemed approved if no objection is raised within 6 weeks. The right of objection is pointed out separately in the notification.
3. In the event of a timely objection, the Operator may terminate the contract by ordinary termination.
4. Beneficial or purely administrative changes apply immediately.

§ 15 Consumer dispute resolution

1. The Operator is not obliged and generally not willing to participate in dispute resolution proceedings before a consumer arbitration board.

§ 16 Applicable law and place of jurisdiction

1. The law of the Kingdom of Spain applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
2. Mandatory consumer protection provisions of the consumer's state of residence remain unaffected.
3. For disputes, the statutory rules on the place of jurisdiction apply.

End of the T&Cs