Terms of Service

You must be at least 18 years old and legally capable of entering into a binding agreement to use PlantMerge. If you use PlantMerge for a business, employer, nursery, client, or other organization, you represent that you have authority to accept these Terms on its behalf. You may not use the service if applicable law prohibits you from doing so.

You must provide accurate account information and keep it reasonably current. You are responsible for protecting your login credentials and for activity performed through your account. You may not share credentials in a manner that permits unauthorized access, impersonate another person, or use another person's account without permission. Notify PlantMerge promptly if you suspect unauthorized access or a security incident.

PlantMerge provides professional workflow tools for plant selection, project organization, photography, nursery participation, site-reference information, and document exports. Features may change, be improved, be limited, or be discontinued over time. PlantMerge does not guarantee that every feature will always be available or that the service will be uninterrupted or error-free.

By uploading or submitting content, you represent and warrant that:

• You own the content or have all licenses, permissions, releases, and other rights necessary to upload it and use it through PlantMerge.
• The content and its use do not infringe copyright, trademark, privacy, publicity, contract, confidentiality, or other rights of any person or entity.
• You have obtained any legally required consent from photographers, property owners, identifiable people, clients, employees, or other affected parties.
• The content is accurate where represented as factual and is not illegal, fraudulent, threatening, defamatory, obscene, exploitative, malicious, or otherwise unlawful.
• The content does not contain malware, harmful code, hidden tracking technology, or material intended to interfere with PlantMerge or another user.

PlantMerge does not endorse user content and, to the maximum extent permitted by law, is not responsible for unlawful, unauthorized, inaccurate, or infringing content submitted by users. A rights-confirmation prompt does not transfer the responsibility for verifying content rights from you to PlantMerge.

You retain any ownership rights you have in your content. You grant PlantMerge a nonexclusive, worldwide, royalty-free license to host, store, reproduce, cache, resize, convert, process, display, transmit, and create technical copies of your content only as reasonably necessary to operate, secure, maintain, and improve the service; fulfill your instructions; create previews and exports; display content according to the visibility settings you select; and comply with law.

This license permits PlantMerge to use service providers for hosting, storage, processing, and delivery. It continues while the content is maintained through the service and for a reasonable backup, security, dispute-resolution, or legal retention period after deletion. Private designer photos remain private to that designer's account unless the designer chooses to publish or distribute them. Content submitted for public or nursery use may be displayed with its approved credit and included in user-selected projects and exports.

PlantMerge may, but is not obligated to, review user content. PlantMerge may reject, restrict, remove, preserve, or disable access to content and may warn, suspend, or terminate an account when PlantMerge reasonably believes content or conduct violates these Terms, threatens security, exposes PlantMerge or others to legal risk, interferes with the service, or may be unlawful. PlantMerge may cooperate with valid legal process and make reports to appropriate authorities when required or permitted by law.

PlantMerge respects intellectual-property rights. A copyright owner or authorized agent may report suspected infringement by emailing a sufficiently detailed notice to admin@plantmerge.com. The notice should identify the copyrighted work, the material at issue and its location, the complaining party's contact information, a good-faith statement, a statement made under penalty of perjury that the notice is accurate and the complaining party is authorized to act, and a physical or electronic signature.

PlantMerge may remove or disable access to reported material and notify the user who supplied it. Users may submit a legally valid counter-notification where applicable. PlantMerge may terminate accounts of repeat infringers in appropriate circumstances and may consider other documented intellectual-property violations when enforcing this policy.

Plant names, USDA zones, growth characteristics, availability, cultural requirements, rainfall, sunlight, climate information, and similar content are provided for general professional reference. Conditions vary by site, season, supplier, installation, maintenance, climate, and other factors. PlantMerge does not guarantee plant identity, availability, suitability, survival, growth, performance, or regulatory acceptability. Users must independently verify plant selections with reliable local sources and exercise their own professional judgment.

Maps, hardiness zones, satellite imagery, parcel lines, structures, contours, elevations, slopes, climate reports, and other site-reference information may be estimated, generalized, delayed, incomplete, or inaccurate. They are reference tools only and are not boundary surveys, title reports, legal parcel determinations, engineering calculations, grading or drainage plans, construction documents, utility locations, environmental assessments, code reviews, or permit approvals. Do not rely on them for property disputes, legal descriptions, life or safety decisions, earthwork, drainage, construction, or regulatory compliance. Obtain qualified surveyors, engineers, architects, landscape architects, and other professionals as the project requires.

PlantMerge may display images, information, links, licenses, and attribution supplied by nurseries, public databases, photographers, mapping providers, and other third parties. Availability through PlantMerge does not create a guarantee that content is appropriate for every proposed use. You are responsible for reviewing applicable credits, source restrictions, licenses, and project requirements before publishing or distributing an export. Third-party services and websites are governed by their own terms and may change or become unavailable without notice.

Features that use artificial intelligence or automated classification may produce inaccurate, incomplete, or unrealistic results. AI-generated or AI-assisted content must not be represented as a verified site condition, authenticated photograph, or professional conclusion unless independently verified. You are responsible for reviewing such content before using or distributing it.

You are responsible for having authority to submit client, project, address, business, and contact information. Do not submit sensitive personal information that PlantMerge does not request. You must review final plant lists, photographs, spelling, cultivar names, attribution, layouts, calculations, and exported files before professional use or delivery. PlantMerge is not responsible for errors, omissions, printing problems, design decisions, client decisions, construction outcomes, or downstream modifications or distributions of an export.

You may not use PlantMerge to:

• Violate law, regulation, court order, or another person's rights.
• Gain unauthorized access to an account, system, database, or network.
• Scrape, harvest, systematically download, copy, resell, or republish the plant database, photographs, source credits, or other service content except through features expressly provided for your authorized project work.
• Reverse engineer, bypass access controls, defeat rate limits, probe for vulnerabilities, introduce harmful code, or disrupt the service.
• Misrepresent identity, affiliation, authorship, licensing, nursery status, professional qualifications, or approval by PlantMerge.
• Use automated systems that place an unreasonable burden on PlantMerge without prior written permission.

PlantMerge and its software, interface, design, branding, original text, workflows, compilations, and database organization are owned by PlantMerge or its licensors and are protected by applicable intellectual-property laws. These Terms grant you a limited, revocable, nontransferable right to use the service for its intended purpose. They do not transfer ownership of PlantMerge intellectual property. If you provide feedback or suggestions, PlantMerge may use them without restriction or compensation, provided that doing so does not grant PlantMerge ownership of your projects or uploaded photographs.

PlantMerge's collection and use of personal information are described in the Privacy Policy, which is incorporated into these Terms. You should keep independent copies of important projects, photographs, source documentation, licenses, and exports. PlantMerge does not guarantee permanent storage or recovery of user content.

PlantMerge may offer free and paid features. If you purchase a paid feature, the price, billing interval, taxes, renewal terms, cancellation options, and any refund conditions presented at purchase will apply. PlantMerge may change future pricing or introduce fees after providing notice required by law, but will not charge you without your authorization.

To the maximum extent permitted by law, PlantMerge is provided “as is” and “as available,” without warranties of any kind, express or implied, including warranties of accuracy, reliability, availability, fitness for a particular purpose, merchantability, title, and noninfringement.

PlantMerge does not warrant that the service, user content, third-party content, plant information, maps, calculations, images, or exports will be complete, current, secure, uninterrupted, or error-free. Some jurisdictions do not allow certain warranty exclusions, so some exclusions may not apply to you.

To the maximum extent permitted by law, PlantMerge and its owners, personnel, contractors, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages; lost profits, revenue, data, goodwill, or business opportunities; project delays; plant loss; property damage; or claims arising from user content, third-party content, site-reference information, or professional reliance on the service.

To the maximum extent permitted by law, PlantMerge's total aggregate liability arising from or relating to the service or these Terms will not exceed the greater of the amount you paid PlantMerge during the 12 months before the event giving rise to the claim or 100 U.S. dollars. These limitations apply regardless of the legal theory and even if a remedy fails of its essential purpose. They do not limit liability that cannot lawfully be limited.

To the extent permitted by law, you agree to defend, indemnify, and hold harmless PlantMerge and its owners, personnel, contractors, and service providers from claims, damages, losses, liabilities, judgments, settlements, penalties, costs, and reasonable attorneys' fees arising from or related to your content, your use or distribution of service outputs, your violation of these Terms or law, your infringement of another person's rights, or your professional services and project decisions. PlantMerge may control the defense of a covered claim, and you agree to reasonably cooperate.

You may stop using PlantMerge at any time. PlantMerge may restrict, suspend, or terminate access if you violate these Terms, create security or legal risk, fail to pay an applicable charge, repeatedly infringe rights, or misuse the service. Where reasonably practical, PlantMerge may provide notice and an opportunity to correct the issue. Provisions that by their nature should survive termination, including ownership, disclaimers, liability limitations, indemnification, and dispute provisions, will survive.

These Terms are governed by the laws of the State of Georgia, without regard to conflict-of-law principles. Subject to any rights that cannot legally be waived, disputes arising from these Terms or PlantMerge will be brought in a state or federal court located in Georgia that has jurisdiction, and each party consents to personal jurisdiction and venue there. Before filing a claim, you agree to contact PlantMerge and make a reasonable good-faith effort to resolve the dispute informally.

PlantMerge may update these Terms as the service or legal requirements change. The effective date will be updated when revised Terms are posted. PlantMerge will provide additional notice of material changes when reasonably appropriate. Your continued use after revised Terms take effect constitutes acceptance, except where applicable law requires another form of consent.

These Terms and the Privacy Policy are the entire agreement between you and PlantMerge concerning the service unless another written agreement expressly applies. If a provision is unenforceable, it will be limited to the minimum extent necessary and the remaining provisions will remain effective. A failure to enforce a provision is not a waiver. You may not assign these Terms without PlantMerge's written consent. PlantMerge may assign them in connection with a reorganization, financing, merger, acquisition, or transfer of the service. Neither party is liable for delay caused by events beyond its reasonable control, except for payment obligations.

Questions about these Terms may be sent to: