SimplyScapes Terms & Conditions

Overview

SimplyScapes is a web-based landscape design platform that offers tools for homeowners, professionals, retailers, and municipalities. Users may create and manage workspaces, generate design content, and access plant libraries and other digital assets through tiered service levels.

Section 1 - Account Types & Licensing

• Subscription Plans: SimplyScapes offers free and paid subscription plans as described on our pricing page. New users are automatically enrolled in a free plan with limited access to features and the plant/image library; paid subscriptions remove these limitations.
• Whitelabel Users: Access and feature limitations may vary by agreement.
• Workspace Type: Users identify as either Homeowner or Professional. Professionals may associate a business using Google Places data; this business information may be displayed within the platform.

Section 2 - User-Generated Content

You retain ownership of the designs and content you create on the platform. By using SimplyScapes, you grant us a non-exclusive, royalty-free, sublicensable, worldwide license to use, reproduce, display, and analyze your designs and content for:

• Platform operation and enhancement
• Marketing and promotional purposes (anonymized unless you give consent)
• Internal analytics, research, and AI model development

You are responsible for ensuring any uploaded content complies with applicable laws and does not infringe on the rights of others.

Section 3 - Plant & Image Library Usage

The plant library and imagery contain both original and third-party licensed content (e.g., Proven Winners, Southern Living, Walters Gardens). You may use this content only within the SimplyScapes platform or in exports generated by SimplyScapes.

You may not extract, redistribute, or resell third-party images or data outside the context of a SimplyScapes design.

Section 4 - Beta Features

Some features (such as the Aerial Designer™) are marked as Beta and are offered on an as-is basis. These features may change, break, or be removed without notice.

Section 5 - Subscription Terms & Refund Policy

• Auto-Renewal: Subscriptions automatically renew unless canceled before the next billing cycle.
• Payment Processing: All payments and subscriptions are managed through Stripe, a secure third-party payment processor.
• Refund Eligibility: Refunds may be requested when canceling your subscription, but only within the following timeframes from your most recent payment date, based on your plan’s billing period (where offered):
  • Annual plans: 10 days
  • Monthly plans: 3 days
  • Weekly plans: 1 day
• Refund Requests: Refunds must be requested during the cancellation process. Refunds cannot be issued after cancellation is complete.
• Refund Processing: Approved refunds are processed back to the original payment method within 5-10 business days via Stripe.
• Plan Changes: Upgrading or downgrading plans may affect feature access immediately or at the next billing cycle.

Section 6 - Platform Availability & Support

SimplyScapes aims to provide high availability, but we do not guarantee uninterrupted service. Scheduled maintenance and unforeseen outages may occur.

• Support: All users may contact us via email.
• Priority Support: Provided to paid subscribers.
• Typical Response Time: 24–48 business hours.

Support is available via the AI support assistant (“Milo”) on our websites and by email. Answers generated by the AI assistant may contain errors and are not a substitute for professional advice. Support conversations may be reviewed by our team and are subject to our Privacy Policy.

The support chat is provided for genuine support and sales questions about SimplyScapes. You may not use it to send automated, bulk, or repetitive messages, to advertise or solicit, to attempt to extract our underlying prompts or models, or to consume service capacity in a way that degrades it for others. We apply automated protections — including bot detection, rate limits, and usage limits — and may throttle, degrade, or decline chat requests, or restrict access, to keep the service available. Where an automated protection limits your chat, you can still reach us using the “Talk to us” options in the chat or by email.

Section 7 - Data Usage & Privacy

We collect personal and usage data, including (but not limited to):

• Name, Email, Address, Phone, Geolocation, Residence Images
• Workspace data and interaction logs
• Payment information (stored via Stripe; SimplyScapes does not have access to your full payment details)

For full data practices, please see our Privacy Policy.

Section 8 - Third-Party Services

SimplyScapes integrates with third-party services such as:

• Stripe (for payments)
• Google (for sign-in authentication, and Maps/Places for addresses and business verification)
• Brevo (for transactional, support, and marketing email)
• Google (Gemini), accessed directly (for AI image generation in the Visual Designer)
• Third-party artificial intelligence providers accessed through the Vercel AI Gateway (for support chat and our other AI features) — currently Google (Gemini), OpenAI (ChatGPT), and Anthropic (Claude), and subject to change
• Vercel (for hosting, analytics, and AI request routing)
• Amazon Web Services (for image storage and content delivery)
• Upstash (for support-conversation storage)
• Canny (for our product feedback portal)

We are not responsible for outages, data loss, or issues stemming from these services.

Section 9 - Termination & Deletion

SimplyScapes reserves the right to suspend or terminate accounts at its sole discretion.

Upon user-initiated account deletion:

• All personally identifiable information (PII) will be deleted from our systems and relevant third-party platforms in accordance with GDPR-equivalent data removal standards.
• Content may be retained in anonymized form for internal analysis and improvement.

Section 10 - Limitation of Liability

SimplyScapes is not liable for any direct, indirect, incidental, or consequential damages resulting from:

• Use or inability to use the platform
• Platform outages or data loss
• Errors in designs or plant recommendations
• Reliance on beta features or third-party services

Section 11 - Governing Law

These Terms are governed by the laws of the State of Utah, without regard to conflict of law principles. You agree to resolve any dispute with SimplyScapes in state or federal courts located in Utah County, Utah.

Section 12 - Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify users through the platform or by email. Continued use of SimplyScapes after such updates constitutes acceptance of the revised terms.

Section 13 - Contact

For questions about these Terms, contact us at https://www.simplyscapes.com/contact