Terms of Use

These Consumer Terms of Use apply to personal use of GardenAdvisor websites, software, and related services. Partner, nursery, and other business use is also covered here until we publish separate commercial terms.

Updated October 4, 2026.

These Terms of Use (“Terms”) are between you and GardenAdvisor, Inc. (“GardenAdvisor,” “we,” “us”). They govern your use of gardenadvisor.com, and any other site, software, data, documentation, or service that links to or includes these Terms (each a “Service,” together the “Services”).

Please read these Terms carefully. By accessing, using, or browsing any of the Services—including plant recommendations, weather and frost information, garden tools, store listings, reservations, partner applications, and knowledgebase tools—you acknowledge that you have read and agree to be bound by these Terms. We may change these Terms from time to time. Continued use after a change is effective is your agreement to the updated Terms. When we change the Terms, we may ask you to accept the new version before you keep using an account.

ACCEPTANCE OF THE TERMS

You must be of legal age to enter a binding agreement to accept these Terms and use the Services. In the United States, that means you are at least 18 years old. If you do not agree, do not use the Services. You accept the Terms by checking a box, clicking a button that indicates acceptance, creating an account, applying as a partner, or actually using the Services.

Soft-launch gardener accounts may wait for activation before the app is available. Partner applicants may be waitlisted until we approve the listing. We may refuse, delay, or revoke access at our discretion.

PRIVACY

Our Privacy Policy explains how we collect, use, and disclose personal information when you use the Services. You must also agree to the Privacy Policy to use the Services. The sites use cookies, including Google Analytics (loaded on every visit), as described there. A cookie notice may appear; you can Accept or continue browsing without Accept (separate from the Terms checkbox).

PERMITTED USE

GardenAdvisor owns and operates the Services. Through the Services we make available plant information, climate and weather-related data, maps, store and partner listings, analyses, and related materials owned by us or our licensors (the “Licensed Content”). Licensed Content may include data from public weather sources, licensed weather providers, Google Maps Platform, and plant references we compile or license.

Unless you have a separate written agreement with us, we grant you a personal, non-exclusive, non-transferable, non-sublicensable right to access and use the Services and Licensed Content for your own garden and household purposes. Partners we have approved may use the Services to list inventory, fulfill reservations, and operate a listing, but may not scrape, resell, or republish Licensed Content except as the partner tools allow.

You may not modify, publish, transmit, display, sell, copy, distribute, create derivative works of, frame, deep-link, or otherwise exploit the Services or Licensed Content except as these Terms or a written partner agreement expressly allow. Contact support@gardenadvisor.com about any other commercial use.

If we later offer downloadable software or a mobile app, you may install it only for your personal use on devices you control. These Terms apply whether you reach the Services in a browser or through software we provide.

Use the Services only for lawful purposes and not in a way that infringes GardenAdvisor’s or a third party’s rights. Do not remove proprietary notices. This license does not entitle you to any particular upgrade, although we may add or change features at any time. We may terminate any license for any reason or no reason, without notice. We are not liable for interruption, suspension, or termination of the Services.

USER CONTENT

If you post, upload, submit, or otherwise provide content through the Services (“User Content”)—including garden details, ZIP or address, plant saves, reviews, photos, partner applications, inventory, or messages to a store—you grant GardenAdvisor and people working for us a worldwide, perpetual, non-exclusive, royalty-free, irrevocable, sublicensable license to use, reproduce, display, distribute, modify, and create derivative works from that User Content to operate, improve, and promote the Services.

You keep ownership of your User Content, except for the license above. You are responsible for it and for not making private information public by mistake. You represent that you have the rights to submit it and that it does not violate anyone else’s rights. You agree to indemnify GardenAdvisor against claims arising from your User Content.

Reservations share your contact details with the partner you chose so they can fulfill pickup or delivery. We may preserve or disclose User Content if we believe it is reasonably necessary to comply with law, enforce these Terms, respond to claims, or protect GardenAdvisor, users, or the public. We may monitor, hide, or remove User Content that we believe violates these Terms. User Content from others is provided as-is and is not our endorsement.

USER ACCOUNT

Some features require an account (email, US mobile number, and/or username, plus a password). Do not share your credentials. You are responsible for activity under your account and for keeping your information accurate. Tell us promptly if you think your account is no longer secure. We may deny, suspend, or close an account without penalty or notice. You may stop using the Services and ask us to close your account by emailing support@gardenadvisor.com.

We may offer roles such as gardener, partner, author, or staff. Author access is by request and our approval. Staff accounts are issued by us. You may not use someone else’s role or account.

PARTNER LISTINGS

The Services may show nearby stores and let you reserve plants. We do not guarantee stock, price, hours, or that a partner will honor a reservation. Transactions at a store are between you and that partner. We may hide, edit, or remove listings. Partners are responsible for the accuracy of what they submit and for complying with law when they fulfill an order.

SUSPENSION AND TERMINATION

We may suspend or disable access if we suspect illegal activity, Terms violations, long inactivity, or if a government agency asks us to. You may object by emailing support@gardenadvisor.com within thirty days of notice. We may close a suspended account after thirty days, and we will close an account at your request. We may also stop offering some or all of the Services without notice. We are not liable to you or others for suspension or shutdown.

FEES AND PAYMENTS

Gardeners use the member Services free of charge in this launch. Approved partners may pay a commission or other fees on sales made through GardenAdvisor, as we describe to partners separately. We may later charge for some features. We will not bill you for a paid plan unless you opt in. Fees, if any, are billed in advance, may auto-renew, and are nonrefundable except where we say otherwise or where law requires. We may pass through taxes required by law. Unpaid amounts may lead to suspension.

THIRD-PARTY LINKS AND SERVICES

The Services may link to maps, weather, analytics, payment, stores, or other third-party sites and tools. Those are provided for convenience. We do not control or endorse third-party content. Your use of it is at your risk and may be under different terms. We are not liable for third-party products, promotions, or transactions, including a purchase you complete with a partner.

RESTRICTIONS ON USE

You may not, yourself or through anyone else: copy, scrape, reverse engineer, or bulk-download the Services or Licensed Content; overload or interfere with our systems; use the Services for unlawful, harassing, hateful, or infringing content; send spam; introduce malware; impersonate GardenAdvisor or another person; build a competing database from our content; use the Services for gambling or to imply our endorsement; or otherwise violate these Terms. We may terminate access and pursue available remedies.

INTELLECTUAL PROPERTY

The Services, Licensed Content, and GardenAdvisor name and marks are owned by GardenAdvisor or our licensors and are protected by intellectual-property laws. You may not use our marks for advertising or to suggest a relationship with us without permission, and you must stop on request. If you send feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free right to use them without restriction.

DISPUTE RESOLUTION

Any dispute arising out of these Terms or the Services will be resolved by binding individual arbitration under the commercial rules of the American Arbitration Association. You may not bring a class or consolidated arbitration. The arbitrator’s decision is final. Arbitration will take place in Massachusetts. We may still seek an injunction or other equitable relief in any court of competent jurisdiction. You must bring any claim within one year after you become aware of it, or the claim is waived.

MODIFICATIONS TO THE SERVICES

We may change features, plant data, weather coverage, store listings, design, or availability at any time without notice. Upgrades are still covered by these Terms. You have no claim arising solely from those changes.

COMMUNICATIONS AND NOTIFICATIONS

By creating an account you consent to operational messages (security, reservations, account notices). You cannot opt out of messages needed to run the account. We do not send marketing texts in this launch. If you give a US mobile number, we may text to verify the number, to complete SMS login, and—if you opt in—for garden weather alerts. Texts are sent only between 8:00 a.m. and 9:00 p.m. in a timezone we already know (from garden ZIP climate data or the timezone your device reports). If we do not know a timezone, we do not text. Message and data rates may apply. Frequency varies. Landlines and many VoIP numbers cannot receive our texts.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, GARDENADVISOR AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA, PLANTS, OR CROPS, ARISING FROM THE SERVICES OR YOUR RELIANCE ON RECOMMENDATIONS, WEATHER, FROST DATES, MAPS, OR STORE INFORMATION, EVEN IF WE WERE ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICES IN THE TWELVE MONTHS BEFORE THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS. SOME PLACES DO NOT ALLOW CERTAIN LIMITS; IN THOSE PLACES OUR LIABILITY IS LIMITED TO THE MAXIMUM ALLOWED.

DISCLAIMER

THE SERVICES AND LICENSED CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED OR ERROR-FREE OPERATION. PLANT MATCHES, HARDINESS, FROST DATES, RAINFALL, AND FORECASTS ARE ESTIMATES. THEY DO NOT REPLACE WHAT YOU SEE IN YOUR OWN YARD, LOCAL EXTENSION ADVICE, OR PRODUCT LABELS. GARDENING INVOLVES RISK TO PLANTS, PROPERTY, AND PEOPLE (INCLUDING FROM WEATHER, CHEMICALS, AND TOOLS). YOU ASSUME THAT RISK. IF WHAT YOU OBSERVE DIFFERS FROM THE SERVICES, DO NOT RELY ON THE SERVICES. THE SERVICES ARE NOT FAIL-SAFE CONTROL SYSTEMS AND ARE NOT FOR HAZARDOUS OR LIFE-SAFETY USE.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless GardenAdvisor and our officers, directors, employees, and partners from claims, damages, and expenses (including reasonable attorneys’ fees) arising from your use of the Services, your User Content, your garden or store activities, or your violation of these Terms or any law. We may assume exclusive defense of a matter at your expense, and you will cooperate. You will not settle a matter that names us without our prior written consent.

EXPORT CONTROL

The Services may be subject to U.S. export rules. You will not use or access them if you are in an embargoed country or on a prohibited parties list, and you will not export them in violation of law.

ASSIGNMENT

You may not assign these Terms without our written consent. We may assign them to a successor that assumes our obligations to you.

INTERNATIONAL

We operate the Services from the United States. If you access them from elsewhere, you consent to processing of information in the United States and are responsible for local law. We do not represent that the Services are appropriate outside the United States.

SURVIVAL AND SEVERABILITY

Provisions that by their nature should survive (including licenses you granted, disclaimers, limits of liability, indemnities, and dispute terms) survive termination. If a provision is unenforceable, it will be modified to the minimum extent needed, and the rest remains in effect.

NO LEGAL RELATIONSHIP

These Terms do not create a partnership, joint venture, employment, or franchise. Using the Services for your own benefit is the consideration for any User Content you contribute.

WAIVER

If we do not enforce a provision, that is not a waiver. A waiver is effective only if we put it in a signed writing.

GOVERNING LAW AND JURISDICTION

These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to conflict-of-law rules. Subject to the arbitration section, venue for court proceedings is in Massachusetts. The U.N. Convention on Contracts for the International Sale of Goods does not apply.

INTERPRETATION

“Include,” “includes,” and “including” mean “including without limitation.” “Or” is not exclusive. Headings are for convenience only.

ENTIRE AGREEMENT

These Terms and the Privacy Policy are the entire agreement between you and GardenAdvisor about the Services. If site copy conflicts with these Terms, these Terms control.

CONTACT US

Questions about the Services: support@gardenadvisor.com.