Consumer Terms and Conditions – GardenPilot

Version: terms-b2c-2026-09-v7
Effective: upon publication
Language version: English

1. Provider, scope and definitions

  1. These Consumer Terms and Conditions (“Terms”) govern contracts between

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

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

and consumers using the AI-supported GardenPilot platform, in particular at gardenpilot.ai and related applications/pages. Other domains operated by GardenPilot may lead or redirect to the same offering.

  1. GardenPilot currently actively markets its B2C offering to consumers in Germany. Consumers in other Member States of the European Union and in Switzerland may use GardenPilot where the offering is available there. The mere availability of the platform, of a language version or of individual project languages does not mean that GardenPilot actively markets its offering in each of those countries or maintains an establishment there. Mandatory rules that apply in an individual case independently of this remain unaffected.

  2. A “consumer” is a natural person acting for purposes predominantly outside their trade, business or profession.

  3. Business/professional users must use GardenPilot Professional under separate B2B Terms.

  4. “Credits” are internal usage units that can be redeemed for certain paid GardenPilot functions.

  5. The Withdrawal Notice and Privacy Policy made available during the relevant contract flow apply in addition to these Terms.

2. Service and scope

  1. GardenPilot is a digital, predominantly AI-supported platform designed to assist private garden planning.

  2. Depending on the selected function, GardenPilot may in particular:

    • analyse garden and property photographs,
    • create design concepts and concept texts,
    • generate photorealistic or illustrative garden visualisations,
    • structure planning steps and design elements,
    • provide guidance on plants, materials and implementation options,
    • provide digital planning and DIY assistance,
    • offer AI-supported chat and assistant functions.

  3. All paid GardenPilot services triggered by Credits consist of the automated creation and supply of individualised digital content in the form of AI-generated text and/or images. Technical access to the platform and to the user account is distinct from this and is not charged as a separate paid service. GardenPilot does not charge for any separate advisory, support, brokerage or other human service. Where GardenPilot additionally provides functions free of charge, those functions are not subject to Credit billing.

  4. The specific scope of a paid service is defined by the description shown immediately before the order or Credit redemption.

  5. For paid Credit actions, GardenPilot owes the contractual creation and supply of the digital content described immediately before redemption, based on the information supplied by the user. Free platform functions may be provided independently of this.

  6. Unless expressly promised otherwise, GardenPilot does not provide permit-ready/construction-ready professional planning, architectural/structural/electrical/gas/water or other regulated professional planning, regulatory/building-law approval, binding quantity, mass or cost calculations, a guarantee of local availability/legal permissibility of depicted elements, exact later construction matching a visualisation or a guaranteed subjective aesthetic result.

  7. AI outputs are probabilistic. Different generations may therefore differ and individual statements/depictions may be incomplete or inaccurate. This inherent characteristic does not remove mandatory consumer rights where a promised function is not supplied or a digital product does not conform to the contract or mandatory law.

  8. Specific functions or characteristics promised on product, pricing or checkout pages remain relevant to the contractual standard of performance.

  9. Where a particular paid function is subject to special technical requirements, material requirements concerning compatibility or interoperability, or technical protection measures, these are disclosed before the order or Credit redemption.

3. Account and credentials

  1. Certain functions require a user account.
  2. Users must provide accurate information where required for registration or contract performance.
  3. Credentials must be kept confidential and protected against unauthorised use.
  4. Users should notify GardenPilot without undue delay of known misuse/unauthorised access.
  5. GardenPilot may apply proportionate security measures and temporarily restrict access where there are concrete indications of misuse, a security incident or serious contractual breach.

4. Contract language, project language and formation

  1. GardenPilot is available in German and English for its user interface, for the conclusion of the contract and for general contractual communication. The contract language is the language used in the specific checkout/contract flow. If the checkout is conducted in English, English is the contract language; if it is conducted in German, German is the contract language.

  2. GardenPilot records the language version, legal-document version and corresponding content evidence actually used for the contract. The version actually displayed and accepted for the specific contract applies; the German text does not automatically prevail over an English-language checkout.

  3. Independently of the contract language, further languages may be selected for the AI-generated content of an individual project (project language). The project language concerns the generated project content only. It changes neither the contract language nor the applicable law, and it creates neither a separate contract nor a separate country version of these Terms.

  4. The presentation of paid services normally constitutes an invitation to place an order, not a binding offer by GardenPilot.

  5. Users can review/correct input before submitting an order.

  6. By activating a clearly labelled control indicating the obligation to pay, the user submits a binding order. The contract is concluded when GardenPilot confirms the order or immediately provides the purchased service.

  7. GardenPilot confirms receipt of the electronic order promptly by electronic means. After conclusion of the contract, GardenPilot provides the user, within the period required by law, with a confirmation of the contract reproducing the contractual content on a durable medium. Where a declaration concerning commencement of performance before expiry of the withdrawal period is required for digital content, that declaration is recorded in the confirmation as required by law.

  8. GardenPilot archives the electronic contract record, including the legal-document version and language version used at conclusion. Continuous access to the historical contract version in the user account is owed only where that function is expressly offered there; the user can permanently store the contract confirmation provided to them.

  9. The Terms and other contractual information applicable to the contract are provided before the order is submitted in a form that can be stored and reproduced. The technical steps of the relevant ordering process are shown in the order interface; input errors can be reviewed and corrected before the order is submitted.

5. Credits

  1. Certain GardenPilot functions are charged in Credits. The required number is displayed before the paid action is triggered.
  2. Paid Credits are credited after successful payment.
  3. Credits are valid for twelve months from the date on which they are credited to the account. The applicable expiry date is shown in the user account. Unused Credits expire when this validity period ends.
  4. Mandatory consumer law remains unaffected. If the twelve-month limitation is wholly or partly ineffective under mandatory law applicable to a particular consumer, the mandatory rules apply to that extent.
  5. Credits do not bear interest. Cash reimbursement is made only where required by law, a valid withdrawal, a mandatory remedy for non-conforming performance or an express refund commitment.
  6. If a paid action is not properly started/provided due to a GardenPilot technical failure, the relevant Credit will not be finally consumed or will be restored unless another appropriate remedy is provided.

6. Prices, payment and invoices

  1. The total prices displayed before the order is submitted include any VAT that applicable law requires to be included.
  2. Available payment methods are shown during checkout.
  3. Payments may be processed by third parties, in particular Stripe. PUENJER, S.L.U. remains the provider of the GardenPilot service.
  4. Payment is due in accordance with the checkout.
  5. Invoices, receipts and contract confirmations may be provided electronically.

7. Right of withdrawal

  1. Where the law applicable to the consumer’s distance contract provides a statutory right of withdrawal, that right applies in accordance with the separate Withdrawal Notice.

  2. For a paid Credit purchase, the withdrawal period is fourteen days from conclusion of the Credit-purchase contract.

  3. If the user wishes to redeem Credits during the running withdrawal period and thereby requests immediate supply of digital content not supplied on a tangible medium, GardenPilot begins performance only after the legally required express declarations have been obtained. Where required, this includes express consent to begin before expiry of the withdrawal period and acknowledgement that the withdrawal right is lost for the relevant digital content once performance begins.

  4. The legally required declaration is not pre-ticked. The right of withdrawal in respect of the relevant digital content expires only if the statutory requirements are actually met; for paid digital content, this includes in particular that GardenPilot has begun performance and that the consumer has been provided with the legally required contract confirmation on a durable medium.

  5. If a Credit-purchase contract is validly withdrawn, the amount attributable to unused Credits from that purchase is refunded. No refund is due under the withdrawal right for digital content for which that right has validly been lost.

  6. Mandatory statutory rules on withdrawal remain unaffected.

  7. For consumers in Switzerland, GardenPilot voluntarily grants a contractual right of cancellation of fourteen days from conclusion of the contract in respect of unused Credits acquired for payment, insofar as no equivalent statutory right of withdrawal applies to the specific contract. This voluntary right does not apply to Credits the user has already redeemed and thereby triggered the creation of a digital result. In all other respects, the provisions of this section apply accordingly to the reversal.

  8. Mandatory rights concerning non-supply, defective supply or other non-conformity of a digital product remain expressly unaffected.

8. Conformity and complaints

  1. Mandatory statutory rules governing the conformity of digital products apply.
  2. Where a digital product owed under the contract is not supplied or is not in conformity, the consumer has the remedies provided by mandatory law, including, where applicable, bringing the product into conformity, price reduction, termination, reimbursement and damages.
  3. GardenPilot may additionally provide an automated complaint/remediation process, including free regenerations or Credit restoration.
  4. Such procedures do not restrict statutory rights.
  5. If an automated complaint/quality assessment is adverse, the user may request manual support review.

9. Rights to platform and outputs

  1. Rights in the platform, software, brand, design, databases and GardenPilot-authored content remain with GardenPilot or the relevant rights holders.
  2. The consumer receives a non-exclusive right to store, print, edit, share and publish outputs supplied through the consumer service for private, non-commercial purposes, subject to third-party rights and applicable law.
  3. To the extent transferable rights arise in AI-generated/assisted outputs, GardenPilot grants the rights necessary for the permitted private use to the extent it is entitled to do so.
  4. GardenPilot does not guarantee that purely AI-generated elements qualify for copyright protection or are exclusive.
  5. Commercial use of the consumer service is not permitted unless expressly agreed. GardenPilot Professional is intended for commercial use.

10. User content

  1. Users may provide photographs, sketches, plans, location information, text and preferences.
  2. Users may only provide content where the intended processing/use is lawful. Unnecessary third-party personal data should be avoided.
  3. The user grants GardenPilot non-exclusive rights required for contract performance to store/process the content, disclose it to necessary service providers and create requested results.
  4. GardenPilot does not use personal user/project content to train its own general AI models. External AI-provider details are in the Privacy Policy.
  5. Fully anonymised/aggregated information no longer linkable to an individual may be used for statistics, quality measurement and product improvement.
  6. GardenPilot may restrict/remove unlawful content where sufficient grounds exist.

11. Acceptable use and AI labelling

  1. GardenPilot may not be used unlawfully or abusively.
  2. Prohibited conduct includes unauthorised access, circumvention of security/access controls, scraping or automated mass use outside authorised interfaces, unlawful content and violation of third-party rights.
  3. Users should not upload images containing identifiable persons, vehicle plates, house numbers or other unnecessary third-party identifiers without a sufficient legal basis.
  4. GardenPilot provides disclosures about the use of AI in AI functions and in AI-generated or AI-manipulated content in accordance with applicable transparency requirements. Depending on the model and generation route, output files may additionally contain machine-readable metadata, Content Credentials or provider-side watermarks or provenance signals.
  5. Users must not deliberately remove/manipulate labels to deceptively conceal AI origin. Incidental loss through normal conversion, cropping or third-party platforms is not covered.

12. Real-world implementation

  1. GardenPilot outputs are digital planning/design aids.
  2. Before implementation, users are responsible for checking applicable building, permit, structural, electrical, water, safety, neighbour-law or other requirements.
  3. Where professional assessment is required, an appropriately qualified professional should be consulted.
  4. This section does not limit mandatory consumer rights against GardenPilot.

13. Availability, maintenance and product changes

  1. GardenPilot aims for reliable availability but does not promise uninterrupted availability unless expressly included in the purchased product.
  2. Maintenance, security measures, technical incidents and infrastructure/model-provider failures may temporarily affect use.
  3. Updates required to maintain conformity/security are provided according to applicable law.
  4. Changes to continuously supplied digital products beyond necessary updates are made only as permitted by mandatory law. Where a change more than insignificantly affects access/use, consumers receive legally required advance information and rights.

14. Liability

  1. GardenPilot has unlimited liability for intent and gross negligence, for damage arising from injury to life, body or health, and in cases of mandatory statutory liability.
  2. In the event of a slightly negligent breach of an essential contractual obligation, liability is, to the extent permitted by law, limited to the damage typically foreseeable at the time the contract is concluded.
  3. In all other respects, liability is governed by the mandatory statutory provisions.
  4. Mandatory rights under product-liability law and in relation to non-conforming digital products remain unaffected.

15. Duration, account deletion and termination

  1. The account agreement is open-ended unless a specific service has another agreed term.
  2. The user may terminate/delete the account through available functionality or text communication.
  3. Before final deletion, GardenPilot may inform the user of remaining paid Credits and validity.
  4. Either party's right to terminate for serious cause remains unaffected.
  5. If GardenPilot ordinarily terminates an open-ended account for a reason initiated by GardenPilot before valid paid Credits can be used, GardenPilot will provide a reasonable opportunity to use them until regular expiry or refund the unusable remaining value.
  6. Post-termination processing is governed by the Privacy Policy.

16. Changes to these Terms

  1. Published Terms are versioned.
  2. Editorial corrections, technical link/contact changes without legal effect and solely favourable changes may be made without renewed consent; changed published text is nevertheless recorded as a new version/revision.
  3. Material adverse changes to existing rights/obligations do not become binding merely through consumer silence where applicable law requires consent.
  4. Where express consent is required, GardenPilot requests it separately.
  5. Changes to the service itself are additionally governed by section 13 and the statutory provisions governing digital products.

17. Alternative dispute resolution

  1. GardenPilot is currently neither obliged nor willing to participate in dispute-resolution proceedings before a consumer arbitration body unless a statutory obligation applies in the specific case.
  2. Once a specific dispute has arisen, GardenPilot complies with the statutory information duties then applicable regarding competent consumer arbitration bodies.

18. Governing law and jurisdiction

  1. Contracts with GardenPilot are governed by the law of the Federal Republic of Germany.

  2. This choice of law does not have the result of depriving consumers of the protection afforded to them by mandatory provisions of the law that would be applicable, in the absence of the choice, under the relevant rules of private international law.

  3. Other mandatory conflict-of-laws rules applicable in an individual case remain unaffected.

  4. Mandatory consumer-jurisdiction rules apply. No prohibited exclusive jurisdiction clause is imposed.

  5. Irrespective of this choice of law, the seat of PUENJER, S.L.U. and its corporate, registration, tax and provider obligations are governed by Spanish law. The provider details are set out in the Legal Notice.

PUENJER, S.L.U. – GardenPilot