Terms of Use

Effective May 1, 2026

1. Introduction and Acceptance

These Terms of Use (“Terms”) form a binding agreement between you and DualStack Labs LLC (“Gardner,” “we,” “us,” or “our”), a Texas limited liability company with its principal place of business at 5900 Balcones Drive STE 100, Austin, TX 78731. These Terms govern your access to and use of the Gardner mobile application (the “App”), our website at www.gardner-app.com, and any related features, content, or services we offer (collectively, the “Services”).

By downloading, installing, accessing, or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Services.

These Terms include important provisions affecting your legal rights, including a binding individual arbitration clause and class action waiver in Section 22.

2. Eligibility

You must be at least 13 years old to use the Services. If you are between 13 and 17, you may use the Services only with the involvement and consent of a parent or legal guardian who agrees to be bound by these Terms on your behalf. We do not knowingly collect information from children under 13.

If you are using the Services on behalf of a business or other legal entity, you represent that you have authority to bind that entity to these Terms.

You may not use the Services if you are barred from doing so under applicable law, are located in a country subject to U.S. government embargo, or are listed on any U.S. government list of prohibited or restricted parties.

3. The Services

Gardner is an AI-powered garden planning application that helps users discover plants suited to their location, manage plantings, receive care schedules, identify plants and plant diseases from photos, and get personalized maintenance reminders. The Services rely on a combination of curated horticultural data, third-party APIs, weather data, and artificial intelligence systems. Information generated by the Services is provided for general informational and planning purposes only and is not professional advice. See Section 11 for important AI-related disclaimers.

We may modify, suspend, or discontinue any part of the Services at any time, with or without notice.

4. Apple App Store Terms

If you download the App from Apple's App Store, the following additional terms apply and form part of these Terms:

Acknowledgment.These Terms are between you and Gardner only, not with Apple Inc. (“Apple”). Gardner, not Apple, is solely responsible for the App and its content.
Scope of license. The license granted to you for the App is limited to a non-transferable license to use the App on Apple-branded products that you own or control, as permitted by the Apple Media Services Terms and Conditions.
Maintenance and support. Gardner is solely responsible for any maintenance and support services for the App. Apple has no obligation to furnish maintenance or support.
Warranty. Gardner is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App. To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the App.
Product claims. Gardner, not Apple, is responsible for addressing any claims relating to the App or your use of it, including (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection, privacy, or similar legislation.
Intellectual property.In the event of any third-party claim that the App or your use of it infringes that third party's intellectual property rights, Gardner, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.
Legal compliance.You represent and warrant that (i) you are not located in a country subject to a U.S. government embargo or designated as a “terrorist supporting” country, and (ii) you are not on any U.S. government list of prohibited or restricted parties.
Third-party beneficiary.You acknowledge that Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and that Apple has the right (and is deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

5. Accounts

You may need to create an account to access certain features. You agree to provide accurate, current, and complete information and to keep that information up to date. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. Notify us immediately at info@gardner-app.com of any unauthorized use.

We may suspend or terminate accounts that violate these Terms, provide false information, or remain inactive for extended periods.

6. Subscriptions and Billing

6.1 Subscription plans

Gardner offers paid subscriptions (“Subscriptions”) that unlock premium features. Available plans, pricing, and renewal terms are presented in the App at the point of purchase and may change from time to time.

6.2 Auto-renewal

Subscriptions are billed and renew automatically. Unless cancelled, your Subscription will automatically renew at the end of each billing period (e.g., monthly or annually) at the then-current rate. Payment is charged to your Apple ID account at confirmation of purchase and again upon each renewal.

6.3 How to cancel

You can cancel your Subscription at any time through your Apple ID account settings on your device:

Settings → [Your Name] → Subscriptions → Gardner → Cancel Subscription

To avoid being charged for the next period, you must cancel at least 24 hours before the current period ends. Deleting the App does not cancel your Subscription.

6.4 Free trials and promotional offers

We may offer free trials or promotional pricing. If you do not cancel before the end of a free trial, you will be automatically charged the regular Subscription price. Free trials and promotional offers are limited to one per Apple ID and may not be combined with other offers.

6.5 Refunds

Subscription purchases are processed by Apple, and refund requests must generally be submitted to Apple at https://reportaproblem.apple.com. Gardner does not directly process refunds for App Store purchases. Where permitted by applicable law, Subscriptions are non-refundable except as required by Apple's policies.

6.6 Price changes

We may change Subscription prices. If we do, we will notify you in advance through the App or by email. Price changes take effect at the start of the next renewal period. Continuing your Subscription after a price change constitutes acceptance of the new price.

7. Intellectual Property — Our Rights

The Services, including all software, designs, text, graphics, plant database content, AI models, AI outputs (subject to Section 11), trademarks, logos, and other content (other than your User Content) (collectively, “Gardner Content”), are owned by us or our licensors and are protected by U.S. and international copyright, trademark, and other laws. Nothing in these Terms transfers ownership of Gardner Content to you.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal, non-commercial use.

You may not (i) copy, modify, distribute, sell, or lease any part of the Services or Gardner Content; (ii) reverse engineer, decompile, or disassemble the Services, except to the extent applicable law expressly prohibits this restriction; (iii) use any data mining, scraping, or similar tools to extract content from the Services; (iv) remove any proprietary notices; or (v) use the Services or any output from the Services to build a competing product or to train any third-party machine learning model.

8. User Content

8.1 What counts as User Content

The Services let you submit content, including plant photos, garden notes, journal entries, plant identifications, messages to our AI Doctor feature, and other inputs (collectively, “User Content”). You retain ownership of your User Content.

8.2 License you grant us

By submitting User Content, you grant Gardner a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to host, store, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display your User Content for the purposes of:

operating, providing, and maintaining the Services;
improving, developing, and training Gardner's plant identification, disease detection, care recommendation, and related machine learning systems;
providing customer support;
enforcing these Terms; and
complying with applicable law.

This license continues for as long as you keep the User Content on the Services and for a reasonable period after deletion to allow for backups, log retention, and operational continuity. Aggregated or de-identified data derived from User Content may be retained and used indefinitely.

8.3 Your representations

You represent and warrant that (i) you own or have the necessary rights and permissions to submit your User Content and to grant the license above; (ii) your User Content does not infringe or violate the rights of any third party (including intellectual property, privacy, or publicity rights); and (iii) your User Content complies with these Terms and applicable law.

8.4 Removal

We may remove or refuse to display any User Content at our discretion if we believe it violates these Terms, infringes third-party rights, or is otherwise objectionable. We are not obligated to monitor User Content but may do so.

8.5 Feedback

If you send us suggestions, ideas, or feedback (“Feedback”), you grant us a perpetual, irrevocable, royalty-free, worldwide license to use Feedback for any purpose without obligation or compensation to you.

9. Acceptable Use

You agree not to:

use the Services for any illegal, fraudulent, or unauthorized purpose;
impersonate any person or entity or misrepresent your affiliation with anyone;
upload viruses, malware, or other harmful code;
attempt to gain unauthorized access to other users' accounts or to our systems;
interfere with or disrupt the Services, our servers, or networks;
use automated systems (bots, scrapers, crawlers) to access the Services except as expressly permitted;
collect or harvest information about other users without their consent;
use the Services to harass, threaten, defame, or harm any person;
submit User Content that is unlawful, infringing, defamatory, obscene, hateful, or otherwise objectionable;
bypass any access controls, rate limits, or security measures;
resell, sublicense, or commercially exploit the Services without our written permission; or
use the Services or any output from the Services to train any third-party machine learning model.

10. Third-Party Services

The Services rely on, and may transmit your information to, third-party services, including without limitation:

Apple (App Store distribution, in-app subscriptions);
Google Gemini (AI care schedules, AI Doctor chat, recipe suggestions, growth forecasts);
Plant.id (plant identification and disease detection);
RevenueCat (subscription management);
Supabase (authentication, database, edge functions);
Cloudflare (image storage and delivery);
OpenWeatherMap or similar (weather data); and
phzmapi.org (USDA hardiness zone lookup).

Your use of features powered by these third parties may be subject to their own terms and privacy policies. We are not responsible for the practices, content, or availability of third-party services. By using the Services, you authorize us to share information with these third parties as necessary to provide the Services.

11. AI-Generated Content — Important Disclaimers

The Services use artificial intelligence to generate plant care schedules, identify plants and plant diseases, suggest recipes, answer questions, and produce other recommendations (“AI Output”). AI Output is generated by automated systems and may be incomplete, inaccurate, outdated, biased, or wrong. You should treat AI Output as a starting point for your own research and judgment, not as authoritative advice.

11.1 No professional advice

AI Output and other content provided by the Services do not constitute professional horticultural, agricultural, veterinary, medical, nutritional, or legal advice. For consequential decisions, consult a qualified professional (e.g., a certified arborist, master gardener, agricultural extension office, veterinarian, or physician).

11.2 No use for foraging, edibility, or ingestion decisions

Gardner is a planning and care tool, not a foraging or food-safety guide. Do not use the Services to identify wild plants, mushrooms, berries, or other materials for the purpose of consumption, ingestion, brewing, or topical application. Many plants, including ones the Services may identify or describe, are toxic or fatal if eaten, touched, or otherwise misused. Plant identification can be wrong even for clear photographs of common species. Always verify edibility with a qualified expert and never consume any plant or plant product based on identification or recommendation by the Services.

11.3 No medical, veterinary, or pet/livestock use

Do not use the Services to diagnose, treat, prevent, or cure any human or animal medical or health condition, allergy, poisoning, or exposure. If you suspect poisoning, contact Poison Control (in the U.S., 1-800-222-1222) or seek emergency medical attention. For pet exposure, contact your veterinarian or the ASPCA Animal Poison Control Center (1-888-426-4435). The Services do not provide guidance on pet, child, or livestock safety regarding any plant.

11.4 No pesticide or treatment application advice

Any disease treatment, pesticide, or fertilizer guidance provided by the Services is general and informational. Always read and follow the label of any product you apply. Local laws restrict certain pesticides and treatments. You are responsible for legal compliance in your jurisdiction.

11.5 Confidence indicators

Where the Services display a confidence rating (for example, on AI-generated care recommendations), that rating is the AI system's self-assessment and is not a guarantee of accuracy. Treat all AI Output, including high-confidence Output, as advisory only.

12. Privacy

Our Privacy Policy explains how we collect, use, and share information about you. By using the Services, you agree to the practices described there.

We may use User Content, including plant photos and chat messages with the AI Doctor feature, to improve our Services and our machine learning models, as described in the Privacy Policy and Section 8.2.

13. DMCA / Copyright Infringement

We respect intellectual property rights and respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”).

13.1 Notice of infringement

If you believe content on the Services infringes your copyright, send a written notice to our designated DMCA agent containing:

an electronic or physical signature of the copyright owner or authorized agent;
identification of the copyrighted work claimed to be infringed;
identification of the allegedly infringing material and information reasonably sufficient for us to locate it;
your contact information (address, telephone, email);
a statement that you have a good-faith belief that the use is not authorized; and
a statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner.

DMCA Agent: DualStack Labs LLC, Attn: DMCA Agent
Email: info@gardner-app.com
Mailing Address: 5900 Balcones Drive STE 100, Austin, TX 78731

13.2 Counter-notice

If you believe your content was wrongly removed, you may submit a counter-notice as provided under 17 U.S.C. § 512(g).

13.3 Repeat infringers

We will terminate the accounts of users we determine are repeat infringers.

14. Disclaimers

THE SERVICES, INCLUDING ALL CONTENT, AI OUTPUT, FEATURES, AND THIRD-PARTY DATA, ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, GARDNER DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND TITLE.

GARDNER DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM HARMFUL COMPONENTS, OR THAT AI OUTPUT, PLANT IDENTIFICATIONS, DISEASE DIAGNOSES, OR CARE RECOMMENDATIONS WILL BE ACCURATE OR RELIABLE. YOU USE THE SERVICES AT YOUR OWN RISK.

Some jurisdictions do not allow the exclusion of certain warranties; in those jurisdictions, the above exclusions apply to the maximum extent permitted by law.

15. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL GARDNER OR ITS OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, GOODWILL, CROPS, PLANTS, GARDENS, OR PROPERTY, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) USD $50.

Some jurisdictions do not allow the limitation or exclusion of certain damages; in those jurisdictions, the above limitations apply to the maximum extent permitted by law.

16. Indemnification

You agree to defend, indemnify, and hold harmless Gardner and its officers, employees, agents, and licensors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to (i) your use of the Services; (ii) your User Content; (iii) your breach of these Terms; (iv) your violation of any law or third-party rights; or (v) your reliance on AI Output for any decision involving consumption, application, treatment, or harm to person, animal, or property.

17. Termination

You may stop using the Services at any time. We may suspend or terminate your access at any time, with or without notice, if we believe you have violated these Terms or for any other reason at our discretion. Upon termination, your license to use the Services ends immediately. Sections that by their nature should survive termination (including Sections 7, 8.2, 8.5, 11, 14, 15, 16, 22, and 24) will survive.

18. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you through the App or by email and update the “Last Updated” date above. Your continued use of the Services after the changes take effect constitutes acceptance.

19. Export Controls

You may not use or export the Services in violation of U.S. export laws and regulations.

20. U.S. Consumer Notices

Texas, California, and other state-specific consumer disclosures may apply.

21. Governing Law

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

22. Dispute Resolution — Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO SUE IN COURT.

22.1 Informal resolution

Before filing a formal claim, you and Gardner agree to try to resolve any dispute informally for at least 60 days. To start, send a written notice describing the dispute to info@gardner-app.com.

22.2 Binding arbitration

If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by binding individual arbitrationadministered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. The arbitration will be held in Travis County, Texas, or — at your election — by telephone, video, or based solely on documents. The arbitrator's decision is final and may be entered as a judgment in any court of competent jurisdiction.

22.3 Class action waiver

YOU AND GARDNER EACH WAIVE THE RIGHT TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. Disputes must be brought in your individual capacity only. The arbitrator may not consolidate claims or preside over any form of class proceeding.

22.4 Exceptions

Either party may bring (i) a claim in small-claims court that qualifies for that court's jurisdiction, or (ii) a claim for injunctive or equitable relief to protect intellectual property rights, in a court of competent jurisdiction in Travis County, Texas.

22.5 30-day opt-out

You may opt out of this arbitration agreement by sending a written notice to info@gardner-app.com within 30 days of first accepting these Terms. The notice must include your name, address, and a clear statement that you wish to opt out. Opting out does not affect any other part of these Terms.

22.6 Severability of this Section

If the class action waiver is found unenforceable, the unenforceable portion will be severed and the remainder of this Section 22 will continue to apply. If the entire Section 22 is found unenforceable, disputes will be resolved exclusively in the state or federal courts located in Travis County, Texas.

23. Electronic Communications

By using the Services, you consent to receive communications from us electronically, including notices, agreements, and other records. Electronic communications satisfy any legal requirement that communications be in writing.

24. Miscellaneous

Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and Gardner regarding the Services and supersede any prior agreements.
Severability. If any provision is found unenforceable, the remaining provisions remain in effect.
No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
Assignment. You may not assign these Terms without our written consent. We may assign these Terms freely.
Force majeure. We are not liable for failures or delays caused by events beyond our reasonable control.
No agency. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship.
Headings. Section headings are for convenience only and do not affect interpretation.

25. Contact

Questions about these Terms? Contact us at:

DualStack Labs LLC
5900 Balcones Drive STE 100
Austin, TX 78731
Email: info@gardner-app.com