Terms of Service

Gardenly3D -- A Service of SmartFuture AB

Last Updated: July 4, 2026 Effective Date: July 4, 2026 Version: 1.4

SmartFuture AB, a Swedish Aktiebolag (limited company), organisation number 559433-4954, address SciencePark, Gjuterigatan 9, 553 18 Jönköping, Sweden ("SmartFuture," "Company," "we," "us," or "our"), operates the Gardenly3D garden design software service available at gardenly3d.com (the "Service").

These Terms of Service ("Terms" or "Agreement") constitute a legally binding agreement between you ("User," "Customer," "you," or "your") and SmartFuture AB governing your access to and use of the Service.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICE. BY CHECKING THE "I HAVE READ AND AGREE TO THE TERMS OF SERVICE AND PRIVACY POLICY" CHECKBOX DURING REGISTRATION AND CLICKING THE ACCOUNT CREATION BUTTON, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CREATE AN ACCOUNT OR USE THE SERVICE.

If you are accepting these Terms on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case "you" and "your" refer to that entity.

Definitions
Eligibility and B2B Framing
Acceptance of Terms
Description of Service
Subscription Tiers, Fees, and Payment
Company Intellectual Property
User Content -- Intellectual Property
Acceptable Use Policy
Calculation, Analysis, Structure, and Data Accuracy Disclaimers
Reports, Exports, and Third-Party Reliance
Free Tools, Training Courses, and Marketing Content
Warranty Disclaimer
Limitation of Liability
Indemnification
Data Loss and Backup Responsibility
Service Changes, Discontinuation, and Shutdown
Force Majeure
Data Protection and Privacy
Data Portability and EU Data Act
Copyright Infringement -- DSA Notice-and-Action and DMCA Policy
Account Suspension and Termination
Confidentiality
Sanctions and Export Control
Modifications to Terms
Governing Law and Dispute Resolution
Limitation Period for Claims
Jurisdiction-Specific Provisions
General Provisions
Contact Information

1. Definitions

1.1. "Account" means the User's registered subscription account with the Service, including all associated credentials, settings, and data.

1.2. "AI Outputs" means all suggestions, recommendations, design modifications, text responses, and other content generated by AI-assisted features, if any, as made available within the Service from time to time.

1.3. "Analysis Outputs" means all lighting analyses, drainage analyses, irrigation designs, terrain and elevation analyses, sun and shadow studies, grading analyses, profile charts, and similar analytical results generated by the Service.

1.4. "Calculation Outputs" means all measurements, areas, perimeters, volumes, quantities, dimensions, material estimates, cost estimates, cut and fill volumes, calibration-based measurements, metric and imperial conversions, and other numerical outputs generated by the Service.

1.5. "Company IP" means all intellectual property owned by or licensed to SmartFuture AB, including the Service's source code, object code, user interface, algorithms, templates, documentation, trademarks, trade dress, and all related proprietary technology. Company IP does not include third-party data or content incorporated into the Service under open-source or open-data licenses (such as plant databases, 3D model libraries, or material libraries sourced from public repositories), which remain subject to their respective license terms.

1.6. "Design Outputs" means all 2D plans, 3D renderings, photorealistic images, animations, flythrough videos, PDF exports, image exports, presentation slideshows, and other visual outputs generated by the Service.

1.7. "Exported Materials" means any PDFs, images, videos, share links, presentations, spreadsheets, reports, or other outputs exported from or generated by the Service.

1.8. "Free Services" means services provided at no monetary cost to the User, including the Free Trial, the Free Tier (freemium), and any Partner License services, as further described in Section 5.

1.9. "Generated Structures" means all parametric hardscape objects created by the Service's wizard tools, including but not limited to pergolas, louvered pergolas, fences, retaining walls, decks, pools, gazebos, pavilions, cabanas, carports, walls, shade sails, arbors, trellises, outdoor kitchens, and any other structures generated through the Service's parametric or wizard functionality.

1.10. "Paid Services" means subscription services provided for a recurring fee, as further described in Section 5.

1.11. "Personal Data" has the meaning given to it under Regulation (EU) 2016/679 (General Data Protection Regulation, "GDPR"), or, where applicable, equivalent data protection legislation in the User's jurisdiction.

1.12. "Plant Data" means all botanical information, species data, care requirements, toxicity information, edibility information, hardiness zone data, mature size and spacing data, water and sun requirements, soil pH requirements, invasive species status, allergen information, root system information, and other plant-related data provided by the Service's plant database.

1.13. "Service" means the Gardenly3D browser-based garden design software application, including all features, tools, databases, APIs, integrations, and related services made available by SmartFuture AB at gardenly3d.com and any associated subdomains.

1.14. "Sub-processors" means third-party service providers engaged by SmartFuture AB to process data in connection with the Service, including but not limited to hosting providers, database providers, payment processors, and analytics services.

1.15. "User Content" means all data, designs, projects, 3D models, photographs, images, textures, materials, documents, PDFs, text, and other materials uploaded, imported, created, or stored by the User through the Service.

2. Eligibility and B2B Framing

2.1. Professional Use. The Service is designed and intended for professional and commercial use by garden designers, landscape architects, landscape designers, contractors, and other professionals acting in a business capacity. By creating an Account, you represent and warrant that: (a) you are using the Service primarily for professional, commercial, or business purposes; and (b) you are not acting as a consumer (i.e., you are not a natural person acting exclusively for purposes outside your trade, business, craft, or profession). If you are not sure whether your use qualifies, do not create an Account and contact us at support@gardenly3d.com before subscribing.

2.1.1. Mandatory Consumer Rights. If, despite the professional-use framing above, mandatory law classifies you as a consumer, nothing in these Terms excludes rights that cannot legally be waived. Where you purchase immediate access to digital content or digital services, the withdrawal acknowledgement presented at checkout applies to the extent permitted by mandatory consumer law.

2.2. Minimum Age. You must be at least eighteen (18) years of age to use the Service. By creating an Account, you represent and warrant that you are at least 18 years old.

2.3. Authority to Bind. If you are creating an Account on behalf of a company, organization, or other legal entity, you represent and warrant that you have the legal authority to bind that entity to these Terms. You are personally responsible for ensuring such authority exists.

2.4. Accurate Information. You must provide accurate, current, and complete registration information and maintain the accuracy of such information throughout your use of the Service.

2.5. Account Security. You are solely responsible for maintaining the confidentiality and security of your Account credentials, including passwords, API keys, and access tokens. You are responsible for all activities that occur under your Account, whether or not you authorized such activities. You must immediately notify us at support@gardenly3d.com if you become aware of any unauthorized use of your Account.

2.6. Team and Invited Users. If your subscription plan permits multiple users, team members, or invited collaborators, you are responsible for all actions taken by any person using your Account or accessing the Service through your invitation, and you agree that all such persons are bound by these Terms.

2.7. Right to Refuse Registration. We reserve the right, in our sole discretion, to refuse registration, reject any application, or restrict access to the Service for any reason, including but not limited to concerns about industry, region, sanctions compliance, or abuse risk.

3. Acceptance of Terms

3.1. Clickwrap Acceptance. These Terms are accepted through an affirmative act: by checking the "I have read and agree to the Terms of Service and Privacy Policy" checkbox during the registration process and clicking the account creation button. The Service will not permit account creation unless the checkbox is checked. Mere browsing of the gardenly3d.com website does not constitute acceptance of these Terms, though use of certain website features (such as free calculators and tools) is governed by Section 11.

3.2. Record of Acceptance. We record the following information at the time of your acceptance: timestamp, User ID, ToS version accepted, Privacy Policy version accepted, user agent, and method of acceptance. We do not record your IP address in the acceptance record. This record serves as evidence of your agreement to these Terms.

3.3. Entire Agreement. These Terms, together with the Privacy Policy and, where applicable, the Data Processing Agreement ("DPA"), constitute the entire agreement between you and SmartFuture AB regarding the Service. They supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written.

4. Description of Service

4.1. What the Service Is

4.1.1. Gardenly3D is a browser-based garden design software application for planning, visualization, preliminary estimation, collaboration, rendering, and related design outputs. The Service provides tools for creating garden and landscape designs in 2D and 3D, including parametric structures, plant placement, terrain modeling, material estimation, cost planning, and design presentation.

4.1.2. The Service is provided on an "as available" basis. We aim to provide reliable access but do not guarantee uninterrupted availability.

4.1.3. We may modify, update, improve, or change features of the Service at any time, subject to the notice provisions in Section 16 of these Terms.

4.1.4. Feature availability may vary by subscription tier. Not all features are available on all plans.

4.1.5. We may impose or change system limits, storage limits, or usage limits at any time with reasonable notice.

4.2. What the Service Is NOT

4.2.1. The Service is a design visualization and planning tool. It is not, and must not be treated as, any of the following:

(a) Licensed or certified engineering advice of any kind, including structural, civil, geotechnical, hydraulic, or electrical engineering;

(b) Structural engineering or structural analysis software;

(d) Architectural or civil engineering design services;

(e) Drainage certification, hydrological engineering, or stormwater management design;

(f) Irrigation design certification or hydraulic engineering;

(g) Electrical design, photometric engineering, or lighting certification;

(h) Safety advice, safety assessment, or risk analysis;

(i) Building permit, zoning, or building code compliance advice or verification;

(j) Supplier quotation, procurement, or quantity surveying services;

(k) Certified horticultural, arboricultural, or botanical advice;

(l) Professional landscape architecture services;

(m) Environmental impact assessment;

(n) A substitute for site visits, field measurements, physical surveys, soil testing, or geotechnical investigation;

(o) Professional advice of any kind whatsoever;

(p) A document management system, legal document archive, contract repository, or record-keeping system for legally binding documents. Any document drafting, proposal writing, or note-taking features provided within the Service are convenience tools for design workflow purposes only. Users must not rely on the Service as the sole or primary storage location for proposals, contracts, client agreements, or any other legally significant documents. Users are solely responsible for maintaining independent copies of any such documents in an appropriate document management or record-keeping system.

4.2.2. No professional-client relationship of any kind is created between SmartFuture AB and any User by use of the Service. The Service does not provide professional advice, and no output of the Service should be treated as professional advice.

4.3. Service Levels

4.3.1. We will use commercially reasonable efforts to make the Service available, but we do not guarantee any specific uptime percentage or availability target. Any availability targets communicated by us are aspirational goals, not binding service level commitments.

4.3.2. Support response times are not guaranteed unless explicitly included as a binding commitment in a separate written agreement.

4.4. Forward-Looking Statements

4.4.1. Our website, pricing pages, marketing materials, roadmap communications, blog posts, and other public communications may describe features, capabilities, subscription tiers, pricing, or improvements that are planned, under development, or not yet available ("Forward-Looking Statements"). Forward-Looking Statements may be identified by words such as "coming soon," "coming in [year]," "planned," "in development," "on the roadmap," "upcoming," or similar expressions.

4.4.2. Forward-Looking Statements are provided for informational purposes only and do not constitute a commitment, promise, obligation, or guarantee that any described feature, tier, or capability will be released, released in the form described, released at the price indicated, or released by any particular date.

4.4.3. You should not make purchasing, subscription, or business decisions based on Forward-Looking Statements. SmartFuture AB expressly disclaims all liability arising from reliance on Forward-Looking Statements.

4.4.4. Pricing shown for tiers or features marked as "coming soon" or "in development" is indicative only and may change before launch.

5. Subscription Tiers, Fees, and Payment

5.1. Subscription Tiers

5.1.1. Free Trial. We may offer a time-limited free trial of the Service. The duration and features available during the free trial are determined by us at our discretion. At the end of the trial period, the Account will not automatically convert to a paid subscription without your explicit consent. Data created during the trial will be retained for thirty (30) days after trial expiration, after which it may be permanently deleted.

5.1.2. Free Tier (Freemium). We may offer a feature-limited free tier of the Service for indefinite use. The features, limitations, and fair use policies applicable to the Free Tier are determined by us and may be changed at any time. The Free Tier may be modified, suspended, or discontinued at any time with thirty (30) days' notice, or immediately if required by operational necessity.

5.1.3. Partner Licenses. Access provided through partner or reseller agreements is governed by the separate Partner Agreement between SmartFuture AB and the partner. End users of partner-provided access are bound by these Terms in addition to any terms imposed by the partner.

5.1.4. Paid Subscriptions. Paid subscription plans provide access to additional features and higher usage limits as described on the pricing page at gardenly3d.com. The specific features, limits, and pricing for each plan are as published on the website and may change from time to time.

5.2. Fees and Payment

5.2.1. Pricing. Current pricing is published at gardenly3d.com. All prices are exclusive of applicable taxes unless stated otherwise.

5.2.2. Billing Cycle. Paid subscriptions are billed on a monthly or annual cycle, as selected at the time of subscription. Subscriptions automatically renew at the end of each billing cycle unless cancelled before the renewal date.

5.2.3. Price Changes. We may change subscription pricing for future billing cycles upon at least thirty (30) days' advance written notice. The new pricing takes effect at the start of the next billing cycle after the notice period. If you do not agree to a price change, you may cancel your subscription before the new pricing takes effect.

5.2.4. Payment Processing. Payments are processed by Stripe, Inc. SmartFuture AB does not store raw credit card numbers. Your use of Stripe's payment services is subject to Stripe's own terms of service.

5.2.5. Taxes. You are responsible for all applicable sales tax, value-added tax (VAT), goods and services tax (GST), withholding tax, and any other taxes or governmental charges arising from your use of the Service. SmartFuture AB will charge VAT where required by law.

5.2.6. Late Payment. If payment fails or is overdue, we may suspend access to Paid Services after a reasonable grace period (not less than seven (7) days). We may charge interest on overdue amounts at the rate of 1.5% per month or the maximum rate permitted by applicable law, whichever is lower.

5.2.7. Refund Policy. Subscription fees are non-refundable except (a) as expressly provided in these Terms (such as pro-rata refunds upon service shutdown or tier discontinuation), or (b) as required by applicable mandatory law. We do not offer pro-rata refunds for mid-cycle cancellations unless required by law.

5.2.8. Upgrades and Downgrades. You may upgrade your plan at any time; the new pricing takes effect immediately with pro-rata adjustment. You may downgrade your plan at any time; the downgrade takes effect at the start of the next billing cycle.

6. Company Intellectual Property

6.1. Ownership. The Service, including all source code, object code, user interface designs, algorithms, templates, default 3D assets, plant database, material library, documentation, trademarks (including the Gardenly3D name and logo), trade dress, and all related intellectual property, is and remains the sole property of SmartFuture AB or its licensors.

6.2. License to Use. 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 Service during the term of your subscription or trial, solely for your internal business purposes.

6.3. Restrictions. You may not: (a) copy, modify, adapt, translate, or create derivative works based on the Service or any part of it; (b) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service, except to the extent expressly permitted by applicable mandatory law (including the EU Software Directive's interoperability provisions); (c) sell, resell, sublicense, lease, rent, distribute, or otherwise transfer the Service or access to it to any third party, except as expressly permitted by your subscription plan; (d) remove, obscure, or alter any proprietary notices, labels, or marks on the Service; (e) use the Service to build a competing product or service; or (f) use the Service in any manner not expressly authorized by these Terms.

6.4. Feedback. If you provide us with any feedback, suggestions, ideas, or recommendations regarding the Service ("Feedback"), you hereby grant us a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable license to use, modify, incorporate, and commercialize such Feedback without restriction, payment, attribution, or obligation to you.

7. User Content -- Intellectual Property

7.1. User Ownership

7.1.1. You retain all ownership rights in your User Content. Nothing in these Terms transfers ownership of your User Content to SmartFuture AB.

7.2. License to SmartFuture AB

7.2.1. By uploading, importing, creating, or storing User Content through the Service, you grant SmartFuture AB a non-exclusive, worldwide, royalty-free license to host, store, copy, process, render, transform, display, transmit, back up, cache, and otherwise use your User Content solely as necessary to provide, maintain, improve, and support the Service. This license terminates when you delete your User Content or your Account, subject to reasonable backup retention periods and legal obligations.

7.3. User Representations and Warranties

7.3.1. You represent and warrant that:

(a) You own or have obtained all necessary rights, licenses, permissions, and consents for all User Content you upload, import, or create through the Service;

(b) This includes, without limitation: copyright, trademark rights, design rights, database rights, privacy rights, publicity and personality rights, image rights, property rights, and any necessary client permissions;

(c) Your 3D models, photographs, textures, images, documents, and design assets are either original works, properly licensed from the rights holder, or used with valid written permission;

(d) Your User Content does not infringe, misappropriate, or violate any third party's intellectual property rights, privacy rights, publicity rights, or any other proprietary rights;

(e) Your User Content does not violate any applicable law, regulation, or court order;

(f) You have obtained informed consent from any identifiable individuals appearing in photographs or other media you upload to the Service;

(g) You have not uploaded Personal Data of third parties without a lawful basis under applicable data protection law.

7.4. No Monitoring Obligation

7.4.1. SmartFuture AB does not monitor, review, pre-screen, moderate, or verify User Content. We have no obligation to do so. We are not responsible for and make no representations regarding the accuracy, legality, quality, or appropriateness of any User Content.

7.5. Right to Remove

7.5.1. Notwithstanding Section 7.4, we reserve the right to remove, disable access to, or restrict any User Content, and to suspend or terminate any Account, at any time and without prior notice, if we have actual knowledge of or reasonable grounds to suspect that such User Content is illegal, infringing, abusive, harmful, or otherwise in violation of these Terms or applicable law.

7.6. Repeat Infringer Policy

7.6.1. We maintain a policy of terminating the Accounts of Users who are repeat infringers of intellectual property rights. If we receive multiple valid complaints of infringement against the same Account, we may terminate that Account permanently.

8. Acceptable Use Policy

8.1. Prohibited Activities. You agree not to, and not to permit any third party to, use the Service to:

(a) Violate any applicable law, regulation, court order, or governmental directive;

(b) Upload, transmit, or store any content that infringes or misappropriates any third party's intellectual property rights;

(d) Attempt to gain unauthorized access to the Service, other Users' Accounts, or any systems or networks connected to the Service;

(e) Conduct security vulnerability testing, penetration testing, load testing, or denial-of-service testing without our prior written consent;

(f) Circumvent, disable, or interfere with any security, authentication, rate-limiting, or access control features of the Service;

(g) Scrape, crawl, spider, index, harvest, mine, or use any automated means (including bots, robots, scripts, browser extensions, AI agents, large language model training pipelines, or similar automated tools) to access, collect, copy, download, or extract any content, data, or information from the Service, the Website (gardenly3d.com and all subdomains), the blog, the free tools, the training courses, the plant database, marketing pages, or any other part of our online presence, whether or not such content is publicly accessible, except: (i) through APIs we expressly provide for such purposes, or (ii) by standard search engine crawlers (e.g., Googlebot, Bingbot) solely for the purpose of indexing publicly available web pages in compliance with our robots.txt directives;

(g-1) Use any original content, compiled data presentations, or outputs obtained from the Service, the Website, the blog, training courses, free tools, or any other part of our online presence as training data, fine-tuning data, or evaluation data for machine learning models, artificial intelligence systems, large language models, or similar technologies, whether commercial or non-commercial, without our prior written consent;

(g-2) Systematically download, copy, or replicate the Service's compiled and structured presentation of data and assets — including the arrangement, selection, enrichment, user interface, original descriptive text, and metadata associated with the plant database, cost data, material data, PBR material libraries, or 3D model libraries — so as to create a substantially similar competing product or service. For clarity: underlying assets and data that originate from open-source or public-domain sources (including but not limited to botanical data, PBR textures, and 3D models) remain subject to the licence terms of those original sources, and this clause does not restrict access to such assets from their original public sources or repositories;

(h) Resell, sublicense, or provide bureau or timesharing access to the Service, unless expressly permitted by your subscription plan;

(i) Upload Personal Data of third parties without a lawful basis under applicable data protection law;

(j) Violate export control laws, trade sanctions, or embargo regulations (see Section 23);

(k) Use the Service to generate or distribute content that is unlawful, defamatory, obscene, threatening, harassing, discriminatory, or otherwise objectionable;

(l) Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity;

(m) Interfere with or disrupt the integrity or performance of the Service;

(n) Use the Service for high-risk applications where failure could cause physical damage, personal injury, death, environmental damage, or material financial loss, without first obtaining independent professional verification of all Service outputs from appropriately qualified and licensed professionals;

(o) Present Service outputs to third parties as certified, professionally engineered, structurally verified, code-compliant, or otherwise professionally validated documents without appropriate disclaimers and independent professional verification;

(p) Misuse collaboration, sharing, or export features in any manner that violates these Terms or applicable law.

8.2. Consequences. Violation of this Acceptable Use Policy may result in immediate suspension or termination of your Account without notice and without refund. We reserve the right to cooperate with law enforcement authorities and to report suspected illegal activity.

9. Calculation, Analysis, Structure, and Data Accuracy Disclaimers

THIS SECTION IS CRITICAL. PLEASE READ IT CAREFULLY. IT APPLIES TO ALL SUBSCRIPTION TIERS, INCLUDING PAID SUBSCRIPTIONS.

9.1. Calculation Outputs

9.1.1. All Calculation Outputs produced by the Service -- including but not limited to area calculations, perimeter calculations, volume calculations, material quantity estimates, cost estimates, price tier calculations, dimension displays, metric and imperial conversions, cut and fill terrain volumes, and calibration-based measurements -- are approximations and estimates only.

9.1.2. Calculation Outputs may contain errors, inaccuracies, or discrepancies due to, among other factors: software rounding, floating-point limitations, measurement tolerances, algorithmic simplifications, input data quality, User calibration accuracy, metric and imperial conversion precision, geometric approximations, and other software limitations.

9.1.3. Measurement accuracy in the Service is dependent on proper User calibration and accurate User input. SmartFuture AB does not verify, validate, or certify the accuracy of any User calibration, input data, or reference measurements.

9.1.4. You are solely responsible for independently verifying all Calculation Outputs before making any purchasing, construction, procurement, bidding, quoting, or design decisions.

9.1.5. Calculation Outputs must not be used as the sole basis for ordering materials, estimating project costs, bidding on contracts, planning construction work, or making any other decision with financial, safety, or legal consequences.

9.1.6. SmartFuture AB expressly disclaims all liability for: excess material costs, insufficient material quantities, construction delays, rework costs, budget overruns, contract disputes, bid errors, or any other losses arising from reliance on Calculation Outputs.

9.1.7. You assume all risk of reliance on Calculation Outputs.

9.2. Analysis Outputs

9.2.1. All Analysis Outputs produced by the Service -- including but not limited to lighting analysis, drainage analysis, irrigation design, terrain and elevation analysis, sun and shadow analysis, grading analysis, and profile charts -- are simulations and estimates based on simplified mathematical models only.

9.2.2. Analysis Outputs are based on generalized algorithms and simplified models that do not account for, among other things: actual soil conditions and permeability, subsurface drainage patterns, local weather and precipitation patterns, vegetation growth and root behavior, structural loads and material properties, utility locations and easements, building-specific drainage requirements, local microclimates, groundwater levels, frost depth, seismic conditions, and other site-specific conditions that materially affect real-world outcomes.

9.2.3. Analysis Outputs are not engineering analyses, professional assessments, regulatory compliance determinations, or certified design documents.

9.2.4. Analysis Outputs must never be used as a substitute for professional site surveys, engineering assessments, drainage studies, geotechnical reports, hydrological analyses, hydraulic calculations, photometric engineering, lighting design certification, or any other licensed professional services.

9.2.5. The Service must not be used as the sole basis for construction, excavation, grading, drainage, irrigation, lighting, procurement, permitting, or safety decisions.

9.2.6. You must engage qualified, licensed professionals appropriate to the relevant discipline to verify any Analysis Output before undertaking construction, installation, or modification work.

9.3. Generated Structures (Hardscape Wizards)

9.3.1. All Generated Structures produced by the Service's wizard tools -- including but not limited to pergolas, louvered pergolas, fences, retaining walls, decks, pools, gazebos, pavilions, cabanas, carports, walls, shade sails, arbors, trellises, outdoor kitchens, and any other parametric structures -- are conceptual visualizations only.

9.3.2. Generated Structures are not structurally engineered, load-calculated, or verified for:

(a) Structural integrity under wind, snow, rain, seismic, thermal, or other environmental loads;

(b) Foundation requirements, footing depth, or bearing capacity for the specific soil and site conditions;

(d) Material strength, grade, species, connection details, fastening specifications, or hardware requirements;

(e) Drainage, waterproofing, or weather protection adequacy;

(f) Electrical, gas, plumbing, or fire safety requirements (including for outdoor kitchens, pools, and lighting);

(g) Accessibility, barrier, or safety code requirements;

(h) Lateral earth pressure, surcharge loads, or hydrostatic pressure (for retaining walls);

(i) Cable tension, anchor forces, or wind uplift calculations (for shade sails);

(j) Any other engineering, safety, or regulatory requirement.

9.3.3. The dimensions, spacing, post sizes, beam spans, joist sizes, rafter spacing, material selections, and all other specifications in Generated Structures are for visualization and conceptual planning purposes only and may not be structurally adequate, safe, or code-compliant for actual construction.

9.3.4. WARNING: Building any structure based on the Service's outputs without independent structural engineering review by a qualified, licensed structural engineer may result in structural failure, collapse, property damage, personal injury, or death.

9.3.5. You must engage qualified, licensed structural engineers and, where applicable, architects, to review, verify, calculate, and certify any structure before construction.

9.3.6. You must obtain all necessary building permits, inspections, and approvals required by local authorities before constructing any structure.

9.3.7. SmartFuture AB accepts no responsibility whatsoever for any structure built, in whole or in part, based on Generated Structures produced by the Service.

9.4. Plant Data

9.4.1. The Service includes a plant database containing information on over 400,000 species. This data is sourced from third-party databases, including botanical data imported from Trefle.io, PlantSmart toxicity data, OpenPlantBook sensor data, and other publicly available and commercial botanical databases. The specific sources in use may change as we update the database. SmartFuture AB does not independently verify, curate, or guarantee the accuracy of individual plant database entries.

9.4.2. Plant Data is of varying quality and may contain factual errors, omissions, outdated information, or information that is incorrect for your specific region or conditions.

9.4.3. The following categories of Plant Data carry particular risk and must always be independently verified before reliance:

(a) Toxicity and edibility information. NEVER rely solely on the Service's plant database for toxicity or edibility determinations. Misidentification of toxic plants as non-toxic, or inedible plants as edible, can cause poisoning, severe allergic reactions, or death. Always verify toxicity and edibility information with authoritative botanical, toxicological, or medical sources, particularly when designing gardens accessible to children, pets, or vulnerable persons.

(b) Hardiness zone data. Climate zone information may not reflect local microclimates, recent climate changes, elevation effects, or regional variations. Consult local horticultural extension services for site-specific guidance.

(c) Mature size and spacing data. Growth patterns vary significantly depending on local soil conditions, climate, water availability, pruning practices, and other environmental factors.

(d) Water and sun requirements. Optimal conditions vary by region, microclimate, soil type, and season.

(e) Soil pH requirements. Site-specific soil testing by a qualified laboratory is required for reliable pH data.

(f) Invasive species status. Invasive species designations vary by jurisdiction. Some species may be legally prohibited, regulated, or subject to reporting requirements in certain regions. Planting invasive species may result in legal fines and penalties. Verify invasive status with local environmental or agricultural authorities.

(g) Allergen information. Individual sensitivities vary widely. Persons with known allergies should seek medical advice before exposure to any plant.

(h) Root system behavior. Root spread and aggressiveness toward foundations, pipes, pavements, and neighboring properties vary with conditions and cannot be reliably predicted from database entries alone.

9.4.4. SmartFuture AB accepts no responsibility for plant death, poor growth, property damage, personal injury, allergic reactions, poisoning, legal penalties, or any other loss or damage arising from reliance on Plant Data.

9.4.5. You must consult qualified horticultural, botanical, or arboricultural professionals for plant selection decisions, particularly regarding toxicity, edibility, invasive status, and suitability for specific sites and climates.

9.5. AI Outputs

9.5.0. This section applies only to features explicitly designated as AI-powered within the Service. If no such features are currently available in your subscription tier, this section is informational only.

9.5.1. All AI Outputs -- including suggestions, recommendations, design modifications, and text responses generated by AI-assisted tools -- are for informational and inspirational purposes only.

9.5.2. AI Outputs may be incorrect, incomplete, misleading, outdated, or inappropriate for your specific circumstances. AI systems can produce plausible-sounding but factually wrong information.

9.5.3. AI Outputs regarding plant selection, plant placement, hardscape design, drainage, lighting, irrigation, terrain, cost estimation, or any other topic are not professional advice of any kind.

9.5.4. AI may suggest plants that are toxic, invasive, allergenic, or inappropriate for your climate zone, soil type, or site conditions. AI may suggest structural configurations, dimensions, or materials that are not safe, structurally sound, or code-compliant.

9.5.5. AI Transparency Disclosure. In accordance with the EU AI Act (Regulation (EU) 2024/1689), Article 50(1), you acknowledge that AI Outputs are generated by automated artificial intelligence systems and not by humans. When you interact with any AI-powered features within the Service, you are interacting with an AI system, not a human professional. SmartFuture AB will clearly indicate within the Service's user interface when content or interactions are AI-generated or AI-assisted.

9.5.6. Third-Party AI Providers. AI-powered features may be provided through third-party AI providers. Inputs, context, images, prompts, and outputs may be transmitted to and processed by those providers as described in the Privacy Policy and Sub-Processor list. Do not submit confidential, sensitive, or unnecessary personal data to AI-powered features.

9.5.7. You are solely responsible for evaluating, verifying, and validating any AI Output before implementation. AI Outputs must be verified by qualified professionals before any construction, planting, procurement, or modification work.

9.6. No Professional Advice

9.6.1. To the fullest extent permitted by applicable law, the Service is a design visualization and preliminary planning tool. It is not a substitute for any professional service, including but not limited to:

(a) Professional landscape architecture; (b) Licensed structural engineering; (c) Licensed civil engineering; (d) Certified surveying or land measurement; (e) Geotechnical engineering; (f) Drainage, hydrological, or stormwater engineering; (g) Irrigation or hydraulic engineering; (h) Electrical or lighting engineering; (i) Arboricultural assessment; (j) Professional horticultural or botanical advice; (k) Building code compliance review; (l) Planning or zoning compliance assessment; (m) Environmental impact assessment; (n) Safety assessment or risk analysis; (o) Quantity surveying or professional cost estimation.

9.6.2. No professional-client relationship of any kind is created between SmartFuture AB and any User, or between SmartFuture AB and any third party, by use of the Service.

9.6.3. You must independently verify all Service outputs with appropriately qualified and licensed professionals before any construction, installation, planting, procurement, or modification work. Landscape and garden construction work may be subject to local building codes, planning regulations, environmental regulations, utility easements, setback requirements, and other legal requirements. The Service does not verify compliance with any such requirements.

9.6.4. Not Construction Documents; No Substitute for Professional Judgment. Service outputs — including plans, drawings, models, dimensions, measurements, quantities, and cost estimates — are not construction documents and are not a substitute for your own professional judgment or for independent design, analysis, measurement, and verification performed by appropriately licensed professionals. You must verify all dimensions, quantities, and specifications independently before any construction or procurement decision.

10. Reports, Exports, and Third-Party Reliance

10.1. Nature of Exports

10.1.1. Exported Materials -- including PDFs, images, videos, presentations, spreadsheets, reports, shared links, and public viewer pages -- are produced for the User's internal project use and for sharing with project stakeholders for planning and discussion purposes.

10.1.2. Exported Materials may include estimates, assumptions, approximations, and simplified representations. They inherit all the limitations and disclaimers described in Section 9.

10.1.3. Exported Materials are not certified plans, permit drawings, engineering drawings, structural drawings, construction documents, construction instructions, quantity surveys, or professional reports.

10.2. Third-Party Reliance Exclusion

10.2.1. No third party -- including but not limited to the User's clients, homeowners, contractors, subcontractors, installers, material suppliers, vendors, lenders, insurers, regulators, or planning authorities -- is entitled to rely on any Service output, Exported Material, or shared design without SmartFuture AB's separate written agreement.

10.2.2. SmartFuture AB owes no duty of care to any third party who views, receives, or relies on Service outputs, whether through Exported Materials, shared links, public viewer pages, presentations, or any other means.

10.2.3. You are solely responsible for any onward sharing of Service outputs and for including appropriate disclaimers and qualifications when sharing outputs with third parties. You are responsible for ensuring that third parties understand that Service outputs are for planning and visualization purposes only and require independent professional verification.

11. Free Tools, Training Courses, and Marketing Content

11.1. Free Website Tools

11.1.1. SmartFuture AB may offer free tools on the gardenly3d.com website, including but not limited to calculators for mulch, soil, gravel, pavers, fences, decks, retaining walls, lawn seed, planting calendars, plant spacing, companion planting, compost, and plant guilds (collectively, "Free Tools").

11.1.2. Free Tools are provided for general informational and planning purposes only. Free Tool outputs are approximations and estimates that may produce incorrect results due to algorithmic simplifications, rounding, generalized assumptions, and other limitations.

11.1.3. Free Tool outputs must not be relied upon as the sole basis for purchasing, construction, or design decisions. You are solely responsible for independently verifying all Free Tool outputs.

11.1.4. All disclaimers in Section 9 and Section 12 apply to Free Tools. Free Tools are provided "AS IS" without any warranty.

11.2. Training Courses

11.2.1. SmartFuture AB may offer training courses, tutorials, guides, webinars, and educational materials on the gardenly3d.com website or through the Service (collectively, "Training Materials").

11.2.2. Training Materials are provided for general informational purposes only and may contain inaccuracies, errors, or outdated information. Training Materials are not professional education, continuing education, certification courses, or accredited training programs.

11.2.3. Training Materials do not constitute professional advice of any kind. Completion of any Training Material does not confer any professional qualification, certification, license, or accreditation.

11.2.4. You are solely responsible for verifying information presented in Training Materials before applying it in practice.

11.3. Blog and Marketing Content

11.3.1. Blog posts, articles, marketing materials, social media content, newsletters, and other informational content published by SmartFuture AB (collectively, "Marketing Content") are provided for general informational and promotional purposes only.

11.3.2. Marketing Content may contain inaccuracies, generalizations, simplifications, or outdated information. Marketing Content does not constitute professional advice of any kind.

11.3.3. You should not rely on Marketing Content as the sole basis for any decision. Always consult qualified professionals for specific advice.

12. Warranty Disclaimer

12.1. General Disclaimer -- All Tiers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, INCLUDING ALL CALCULATION OUTPUTS, ANALYSIS OUTPUTS, DESIGN OUTPUTS, GENERATED STRUCTURES, PLANT DATA, AI OUTPUTS, FREE TOOLS, TRAINING MATERIALS, AND MARKETING CONTENT, IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

SMARTFUTURE AB EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, COMPLETENESS, QUALITY, AVAILABILITY, TITLE, AND QUIET ENJOYMENT.

WITHOUT LIMITING THE FOREGOING, SMARTFUTURE AB MAKES NO WARRANTY THAT:

(A) THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, VIRUS-FREE, OR FREE OF HARMFUL COMPONENTS;

(B) THE SERVICE WILL BE COMPATIBLE WITH ANY PARTICULAR HARDWARE, SOFTWARE, OR NETWORK ENVIRONMENT;

(C) ANY DATA, INCLUDING USER CONTENT AND PROJECT DATA, WILL BE ACCURATE, COMPLETE, CURRENT, OR PRESERVED WITHOUT LOSS OR CORRUPTION;

(D) ANY CALCULATION OUTPUTS, MEASUREMENTS, DIMENSIONS, AREAS, PERIMETERS, VOLUMES, QUANTITIES, OR COST ESTIMATES WILL BE ACCURATE OR RELIABLE;

(E) ANY ANALYSIS OUTPUTS, INCLUDING LIGHTING, DRAINAGE, IRRIGATION, TERRAIN, SUN, SHADOW, OR GRADING ANALYSES, WILL BE ACCURATE, COMPLETE, OR SUITABLE FOR ANY PURPOSE;

(F) ANY GENERATED STRUCTURES WILL BE STRUCTURALLY SOUND, SAFE, BUILDABLE, CODE-COMPLIANT, OR SUITABLE FOR CONSTRUCTION;

(G) ANY PLANT DATA WILL BE ACCURATE, COMPLETE, CURRENT, OR CORRECT FOR ANY SPECIFIC REGION, CLIMATE, SOIL, OR CONDITIONS;

(H) ANY AI OUTPUTS WILL BE ACCURATE, APPROPRIATE, SAFE, OR SUITABLE FOR ANY PURPOSE;

(I) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS;

(J) ANY RESULTS OBTAINED FROM THE SERVICE WILL BE SUITABLE FOR A SPECIFIC SITE, PROJECT, CLIMATE, CONDITION, OR PURPOSE;

(K) DEFECTS WILL BE CORRECTED.

THE SERVICE RELIES ON THIRD-PARTY INFRASTRUCTURE PROVIDERS, INCLUDING VERCEL AND SUPABASE, WHOSE OWN SERVICES ARE PROVIDED "AS IS" AND WHOSE AVAILABILITY AND PERFORMANCE ARE OUTSIDE OF SMARTFUTURE AB'S CONTROL.

12.2. Free Services -- Additional Disclaimer

FREE SERVICES (INCLUDING FREE TRIAL, FREE TIER, AND PARTNER LICENSE SERVICES) ARE PROVIDED ENTIRELY WITHOUT WARRANTY OF ANY KIND. FREE SERVICES MAY BE MODIFIED, SUSPENDED, DEGRADED, OR DISCONTINUED AT ANY TIME WITHOUT NOTICE OR LIABILITY. SMARTFUTURE AB HAS NO OBLIGATION TO MAINTAIN, SUPPORT, UPDATE, FIX, OR CONTINUE FREE SERVICES. YOU ACKNOWLEDGE THAT FREE SERVICES ARE PROVIDED AS A COURTESY AND THAT YOUR USE OF FREE SERVICES IS AT YOUR SOLE RISK.

12.3. Paid Services

12.3.1. For Paid Services, SmartFuture AB will use commercially reasonable efforts to maintain the Service in working order and to correct material defects that are reported to us and that are within our reasonable control. This is not a warranty; it is a statement of intent.

12.3.2. Where applicable mandatory law (including the EU Digital Content Directive 2019/770 or equivalent national implementing legislation) grants you statutory conformity rights that cannot be excluded by contract, those rights apply. Our sole remedy obligation in such cases is, at SmartFuture AB's option: (a) correction of the non-conforming functionality within a commercially reasonable time; or (b) a pro-rata refund of prepaid fees for the affected period. These statutory rights do not extend beyond what mandatory law requires.

12.3.3. No warranty applies to: issues caused by User error or misuse; issues arising from User Content or calibration; issues arising from third-party services or infrastructure; beta or experimental features; or Free Services.

12.4. Beta, Preview, and Early Access Features

12.4.1. SmartFuture AB may designate certain features, tools, capabilities, or subscription tiers as "Beta," "Preview," "Early Access," "Experimental," "Coming Soon," or similar designations (collectively, "Beta Services").

12.4.2. Beta Services are provided strictly "AS IS" and "AS AVAILABLE" without any warranty of any kind, whether express, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, reliability, availability, or non-infringement.

12.4.3. Beta Services: (a) may contain bugs, errors, defects, or inaccuracies that may not be corrected; (b) may be incomplete, unstable, or unreliable; (c) may be modified, degraded, or discontinued at any time without prior notice or liability; (d) are not subject to any service level commitment, uptime guarantee, support obligation, or maintenance schedule; and (e) may result in data loss or corruption.

12.4.4. SmartFuture AB has no obligation to release a final or generally available version of any Beta Service, to maintain any specific functionality of a Beta Service, or to provide any notice prior to modifying or discontinuing a Beta Service.

12.4.5. You assume all risk associated with your use of Beta Services. SmartFuture AB's total aggregate liability for all claims arising out of or relating to Beta Services shall not exceed one hundred euros (EUR 100), regardless of whether you are on a Free or Paid subscription.

12.4.6. By using a Beta Service, you acknowledge that you understand the inherent risks and limitations described in this Section 12.4 and agree not to rely on Beta Services for any purpose where accuracy, availability, or reliability is material to your business or professional obligations.

13. Limitation of Liability

13.1. Exclusion of Certain Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SMARTFUTURE AB, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF SMARTFUTURE AB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE FOREGOING, SMARTFUTURE AB SHALL NOT BE LIABLE FOR:

(A) LOSS OF PROFITS, REVENUE, BUSINESS, ANTICIPATED SAVINGS, OR CONTRACTS;

(B) LOSS OF DATA, DATA CORRUPTION, OR LOSS OF DATA INTEGRITY, INCLUDING TOTAL LOSS OF ALL USER CONTENT AND PROJECT DATA;

(D) COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;

(E) BUSINESS INTERRUPTION OR PROJECT DELAYS;

(F) ERRORS OR INACCURACIES IN CALCULATION OUTPUTS, ANALYSIS OUTPUTS, PLANT DATA, GENERATED STRUCTURES, AI OUTPUTS, OR ANY OTHER SERVICE OUTPUTS;

(G) DECISIONS MADE, ACTIONS TAKEN, OR WORK PERFORMED BASED ON ANY SERVICE OUTPUTS;

(H) MATERIAL COSTS, CONSTRUCTION COSTS, LABOR COSTS, REWORK COSTS, PROCUREMENT LOSSES, OR BUDGET OVERRUNS ARISING FROM RELIANCE ON SERVICE OUTPUTS;

(I) PROPERTY DAMAGE, WATER DAMAGE, FLOODING, DRAINAGE ISSUES, EROSION, SOIL INSTABILITY, STRUCTURAL FAILURE, OR LANDSCAPING FAILURES ARISING FROM RELIANCE ON SERVICE OUTPUTS;

(J) PLANT DEATH, DISEASE, POOR GROWTH, ALLERGIC REACTIONS, POISONING, OR OTHER ADVERSE OUTCOMES ARISING FROM RELIANCE ON PLANT DATA OR AI OUTPUTS;

(K) STRUCTURAL FAILURE, COLLAPSE, PROPERTY DAMAGE, PERSONAL INJURY, OR DEATH ARISING FROM STRUCTURES BUILT BASED ON GENERATED STRUCTURES;

(L) FAILURE TO COMPLY WITH BUILDING CODES, ZONING REGULATIONS, ENVIRONMENTAL REGULATIONS, PERMIT REQUIREMENTS, OR ANY OTHER LEGAL REQUIREMENTS;

(M) THIRD-PARTY CLAIMS ARISING FROM DESIGNS, REPORTS, EXPORTED MATERIALS, OR OTHER OUTPUTS CREATED USING THE SERVICE;

(N) RELIANCE BY ANY THIRD PARTY ON ANY SERVICE OUTPUT, WHETHER THROUGH SHARED LINKS, EXPORTED MATERIALS, PRESENTATIONS, OR OTHERWISE.

13.2. Liability Caps

13.2.1. Free Services. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SMARTFUTURE AB'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO FREE SERVICES (INCLUDING FREE TRIAL, FREE TIER, AND PARTNER LICENSE SERVICES) SHALL NOT EXCEED ONE HUNDRED EUROS (EUR 100).

13.2.2. Paid Services. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SMARTFUTURE AB'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO PAID SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO SMARTFUTURE AB FOR THE PAID SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED EUROS (EUR 100).

13.2.3. The aggregate liability caps in this Section 13.2 apply to all claims in the aggregate, not per claim, and regardless of the form of action or theory of liability (whether in contract, tort, strict liability, or otherwise).

13.3. Exceptions

13.3.1. Nothing in these Terms excludes or limits liability for:

(a) Fraud or intentional misconduct;

(b) Gross negligence (grov vårdslöshet) as defined under Swedish law;

(d) Any liability that cannot be limited or excluded by applicable mandatory law;

(e) Obligations under applicable data protection laws, including GDPR;

(f) Your indemnification obligations under Section 14.

13.4. Acknowledgment

13.4.1. You acknowledge and agree that:

(a) The fees charged for Paid Services, and the absence of fees for Free Services, reflect the allocation of risk set forth in these Terms, including the limitations of liability in this Section 13;

(b) SmartFuture AB would not provide the Service at its current pricing (or at no charge for Free Services) without these limitations of liability;

(c) The limitations of liability in this Section 13 are reasonable, are a fundamental part of the bargain between you and SmartFuture AB, and shall apply even if any limited remedy fails of its essential purpose;

(d) You have had the opportunity to review and understand these limitations.

13.5. Basis of the Bargain

13.5.1. The disclaimers, exclusions, and limitations of liability in Sections 12 and 13 form an essential basis of the bargain between you and SmartFuture AB and shall apply regardless of whether SmartFuture AB has been advised of the possibility of such damages and regardless of whether any remedy set forth herein fails of its essential purpose.

14. Indemnification

14.1. User Indemnification of SmartFuture AB

14.1.1. To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless SmartFuture AB, its officers, directors, employees, agents, affiliates, successors, and assigns from and against all claims, demands, lawsuits, proceedings, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and legal costs) arising out of or in connection with:

(a) Your User Content, including any claim that your User Content infringes, misappropriates, or violates any third party's intellectual property rights, privacy rights, publicity rights, or other proprietary rights;

(b) Your violation of any third party's privacy or publicity rights through content uploaded to the Service;

(d) Your use of the Service in violation of these Terms or applicable law;

(e) Garden designs, plans, structures, or other outputs that cause damage, injury, or loss when implemented or constructed;

(f) Decisions made or actions taken based on Calculation Outputs, Analysis Outputs, Plant Data, Generated Structures, AI Outputs, or any other Service outputs;

(g) Structures built, in whole or in part, based on Generated Structures without independent professional structural engineering review;

(h) Construction, installation, planting, or modification work undertaken without independent professional verification of Service outputs;

(i) Your breach of any representation, warranty, or obligation under these Terms;

(j) Claims by your clients, customers, contractors, or any third party arising from designs, reports, or outputs created using the Service;

(k) Representations you make to third parties regarding the accuracy, reliability, or professional status of Service outputs;

(l) Your use of the Service to generate or distribute unlawful, misleading, or harmful materials.

14.1.2. Express Negligence. THE INDEMNIFICATION OBLIGATIONS IN SECTION 14.1.1 APPLY REGARDLESS OF WHETHER THE CLAIM ARISES IN WHOLE OR IN PART FROM THE ORDINARY NEGLIGENCE (WHETHER ACTIVE, PASSIVE, JOINT, CONCURRENT, OR SOLE) OF SMARTFUTURE AB, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES. THIS INDEMNIFICATION OBLIGATION DOES NOT APPLY TO CLAIMS ARISING FROM SMARTFUTURE AB'S GROSS NEGLIGENCE (GROV VÅRDSLÖSHET) OR WILLFUL MISCONDUCT.

14.2. Indemnification Procedure

14.2.1. SmartFuture AB will: (a) promptly notify you in writing of any claim for which it seeks indemnification (provided that failure to provide prompt notice shall not relieve you of your indemnification obligations except to the extent you are materially prejudiced by such failure); (b) grant you sole control of the defense and settlement of the claim (provided that you may not settle any claim that imposes liability on SmartFuture AB or requires SmartFuture AB to take or refrain from any action without SmartFuture AB's prior written consent); and (c) provide you with reasonable cooperation in the defense, at your expense.

14.3. Company Indemnification

14.3.1. SmartFuture AB will indemnify, defend, and hold harmless you from claims by third parties that the Service itself (excluding User Content, Service outputs, open-source components, and third-party integrations) directly infringes a valid patent, copyright, or trademark in the country of your principal place of business, subject to the aggregate liability cap in Section 13.2. This indemnification does not apply to claims arising from: (a) use of the Service in combination with products, services, or data not provided by SmartFuture AB; (b) modification of the Service by anyone other than SmartFuture AB; (c) use of the Service in violation of these Terms; or (d) continued use of a version of the Service after a non-infringing update has been made available.

15. Data Loss and Backup Responsibility

15.1. User Responsibility. You are solely responsible for maintaining independent backups of all User Content and project data. SmartFuture AB strongly recommends that you regularly export your designs and data to your own storage systems.

15.2. No Backup Guarantee. SmartFuture AB does not guarantee the preservation, integrity, or recoverability of User Content or project data. Deletion of data may be irreversible.

15.3. No Restoration Guarantee. SmartFuture AB does not guarantee restoration of deleted, corrupted, or lost data. In the event of data loss, SmartFuture AB's sole obligation is to use commercially reasonable efforts to restore data from available backups, if any exist. There is no guarantee that any backup exists or that restoration will be successful.

15.4. Causes of Data Loss. SmartFuture AB is not liable for data loss resulting from, among other things: infrastructure failures, software bugs or defects, security breaches, human error (by SmartFuture AB or its providers), force majeure events, Account termination or suspension, system updates or migrations, third-party service failures, or any other cause.

15.5. Infrastructure Limitations. The Service relies on Supabase for database hosting and Vercel for application hosting. Supabase database backups do not include objects stored via Supabase Storage API. Both Vercel and Supabase disclaim liability for data loss in their own terms of service. SmartFuture AB cannot offer data recovery guarantees beyond what its infrastructure providers offer.

15.6. Autosave. The Service's autosave functionality is a convenience feature, not a backup guarantee. Autosave may fail silently. You should not rely on autosave as your sole method of preserving work.

15.7. Post-Termination Data Retention. Following subscription cancellation or Account termination, the Account is suspended and User Content is retained for a grace period of at least thirty (30) days (and in any event no more than ninety (90) days) (the "Export Window"). During the Export Window: (a) you may resubscribe at any time to fully restore Account access without data loss; and (b) you may request a copy of your User Content and Account data by emailing hello@gardenly3d.com — SmartFuture AB will deliver the export to the Account administrator in structured, machine-readable formats within one (1) month of the request. After the Export Window, User Content and Account Data may be permanently and irreversibly deleted. SmartFuture AB has no obligation to retain User Content after the Export Window.

15.7.1. Per-Project Export. During an active subscription and during the Export Window, individual design projects may also be exported one at a time using the export feature within each project. Bulk Account-level exports are provided on request rather than as a self-serve action so that SmartFuture AB can verify the requester's identity and protect the design data of other users on shared Accounts.

15.8. Legal Retention. Notwithstanding the foregoing, SmartFuture AB may retain limited data as required by applicable law, including for legal, tax, accounting, security, fraud prevention, or regulatory compliance purposes.

16. Service Changes, Discontinuation, and Shutdown

16.1. Feature Modification and Removal

16.1.1. SmartFuture AB reserves the right to modify, update, replace, deprecate, or remove any feature, tool, wizard, analysis capability, database, integration, API, or other functionality of the Service at any time.

16.1.2. For material changes affecting Paid Services, SmartFuture AB will provide at least thirty (30) days' advance notice by email and in-app notification.

16.1.3. For Free Services, features may be changed, degraded, or removed with minimal or no notice.

16.1.4. No feature is guaranteed to exist permanently. Beta, experimental, or preview features may be removed at any time without notice.

16.1.5. SmartFuture AB is not obligated to maintain any specific feature set, functionality level, or integration.

16.2. Tier Discontinuation

16.2.1. SmartFuture AB may discontinue any subscription tier (including Free Tier plans) with at least thirty (30) days' notice.

16.2.2. Users on a discontinued paid tier will be offered migration to an available alternative tier or termination with data export. Users on discontinued paid tiers will receive a pro-rata refund for the unused portion of any prepaid subscription period.

16.2.3. Users on a discontinued free tier are not entitled to any compensation.

16.2.4. SmartFuture AB is not obligated to maintain any specific pricing structure, tier structure, or plan offering.

16.3. Complete Service Shutdown

16.3.1. SmartFuture AB may discontinue the entire Service with at least ninety (90) days' advance written notice to all registered Users.

16.3.2. During the 90-day notice period, the Service will remain accessible for normal use and data export.

16.3.3. Users on paid plans will receive a pro-rata refund for the unused portion of any prepaid subscription period.

16.3.4. After the shutdown date, all User Content may be permanently and irreversibly deleted, subject to SmartFuture AB's legal data retention obligations.

16.3.5. SmartFuture AB shall not be liable for any damages, losses, costs, or expenses arising from service discontinuation, including but not limited to: loss of access to designs, projects, or data (after the export window); business interruption or project delays; cost of migrating to alternative software; loss of revenue, contracts, or business opportunities; or any indirect, incidental, special, or consequential damages.

16.4. Limitations on Discontinuation Rights

16.4.1. Regardless of the type of discontinuation, SmartFuture AB will: (a) provide a data export window of at least thirty (30) days; (b) refund prepaid fees for unused periods on a pro-rata basis where applicable; and (c) comply with data retention and erasure obligations under GDPR, the Swedish Bookkeeping Act, and other applicable law.

16.4.2. Service discontinuation does not excuse SmartFuture AB from processing legitimate GDPR data subject access or erasure requests.

16.5. Force Majeure Shutdown

16.5.1. In cases where service discontinuation is necessitated by force majeure events (including regulatory action, infrastructure provider failure, or other events described in Section 17), the notice periods in this Section 16 may be shortened to the extent reasonably necessary. SmartFuture AB will use commercially reasonable efforts to provide as much notice as circumstances permit.

17. Force Majeure

17.1. Neither party shall be liable for any failure or delay in performing its obligations under these Terms (other than payment obligations) to the extent that such failure or delay results from events, circumstances, or causes beyond that party's reasonable control.

17.2. Force majeure events include, without limitation: natural disasters (earthquakes, floods, hurricanes, volcanic eruptions); pandemics, epidemics, or public health emergencies; war, armed conflict, terrorism, or civil unrest; government actions, sanctions, embargoes, regulations, or orders; cyberattacks, distributed denial of service attacks, ransomware, or other malicious cyber events; infrastructure provider outages (including Vercel, Supabase, AWS, Cloudflare, or other cloud service providers); internet backbone disruptions; power failures or utility outages; labor disputes or strikes; supply chain disruptions; changes in applicable law or regulation; and any other events beyond the reasonable control of the affected party.

17.3. The affected party shall: (a) notify the other party within a reasonable time of the force majeure event and its expected duration; and (b) use commercially reasonable efforts to mitigate the impact of the force majeure event and to resume performance as soon as practicable.

17.4. If a force majeure event prevents performance for a continuous period exceeding ninety (90) days, either party may terminate the affected portion of these Terms upon written notice to the other party.

17.5. SmartFuture AB's data return and export obligations under Sections 15.7 and 19 survive any termination due to force majeure, to the extent technically feasible.

18. Data Protection and Privacy

18.1. Privacy Policy. SmartFuture AB's collection, use, and processing of Personal Data in connection with the Service is governed by our Privacy Policy, available at gardenly3d.com/privacy. The Privacy Policy forms part of this Agreement.

18.2. Data Processing Agreement. Where you use the Service to process Personal Data of third parties (including your clients' personal data), SmartFuture AB acts as a data processor on your behalf under GDPR Article 28. By accepting these Terms, you are also electronically executing and agreeing to be bound by the Data Processing Agreement ("DPA") located at gardenly3d.com/dpa. The DPA forms part of this Agreement and constitutes a binding contract in writing within the meaning of GDPR Article 28(9).

18.3. Controller and Processor Roles. You are the data controller for any Personal Data you input, upload, or cause to be processed through the Service. SmartFuture AB is the data processor for such Personal Data. SmartFuture AB is the data controller for Personal Data it collects independently (such as account registration data and usage analytics).

18.4. Sub-processors. SmartFuture AB uses Sub-processors to provide the Service. A current list of Sub-processors and their locations is maintained at gardenly3d.com/subprocessors. SmartFuture AB will notify you of the addition of new Sub-processors with sufficient advance notice to allow you to object.

18.5. Data Location. The Service's primary processing facilities are located in the European Union. Certain features and functions — including AI-powered generation features, payment processing, content delivery, and off-site backups — involve processing in the United States or other countries, as described in the Privacy Policy and the Sub-Processor list. By using the Service, you acknowledge such processing. International data transfers are governed by appropriate safeguards, including Standard Contractual Clauses approved by the European Commission.

18.6. Data Breach Notification. In the event of a personal data breach affecting your data, SmartFuture AB will notify you without undue delay and, where required, notify the Swedish Authority for Privacy Protection (Integritetsskyddsmyndigheten, "IMY") within seventy-two (72) hours of becoming aware of the breach, in accordance with GDPR Articles 33 and 34.

18.7. Right to Erasure. Upon your verified request, SmartFuture AB will delete your Personal Data without undue delay, in accordance with GDPR Article 17, subject to: (a) legal retention obligations (including the Swedish Bookkeeping Act's seven-year retention requirement for financial records); (b) data necessary for the establishment, exercise, or defense of legal claims; and (c) technical limitations (such as backup retention cycles, which may take up to sixty (60) days to complete across all systems and sub-processors).

19. Data Portability and EU Data Act

19.1. Data Export. During an active subscription and during the Export Window described in Section 15.7, you may obtain your User Content and project data in structured, commonly used, machine-readable formats by: (a) using the per-project export feature within each design project; or (b) emailing hello@gardenly3d.com to request an Account-level export. Account-level exports are delivered within one (1) month of the request, free of charge.

19.2. Termination Notice Period. The maximum notice period for termination or non-renewal of the Service is sixty (60) calendar days, in compliance with the EU Data Act (Regulation (EU) 2023/2854).

19.3. Post-Termination Data Retrieval. Following subscription cancellation or Account termination, you will have at least thirty (30) days during the Export Window (Section 15.7) to request retrieval of your data using the mechanisms described in Section 19.1.

19.4. Switching Fees. In accordance with the EU Data Act, SmartFuture AB will not charge data egress fees or switching fees for data export or retrieval. The complete phase-out of any transitional charges applies from September 12, 2027, in accordance with the EU Data Act (Regulation (EU) 2023/2854) transition provisions.

19.5. Export Format Documentation. Documentation of available export formats and procedures is available within the Service's help documentation and at gardenly3d.com/help.

19.6. Transition Assistance. SmartFuture AB's transition assistance consists of: (a) making your User Content and project data available for export in the formats described in Section 19.1; and (b) providing documentation of export formats. SmartFuture AB does not provide custom data migration, integration engineering, or onboarding support for third-party services as part of transition assistance.

19.7. Why Account-Level Export Is Not Self-Service. Account-level bulk exports are delivered by support request rather than as a one-click action so that SmartFuture AB can verify the requester's identity, protect design data belonging to other users on shared multi-user Accounts, and prevent abuse of the export functionality for purposes other than data portability. This delivery model is consistent with GDPR Article 20, which requires that data be provided on request without imposing a requirement that the controller offer a self-serve mechanism.

20. Copyright Infringement -- DSA Notice-and-Action and DMCA Policy

20.1. EU Digital Services Act -- Notice-and-Action

20.1.1. In compliance with the EU Digital Services Act (Regulation (EU) 2022/2065), SmartFuture AB maintains a notice-and-action mechanism for reporting illegal or infringing content uploaded to the Service by Users.

20.1.2. Reporting. To report content that you believe is illegal or infringes your rights, submit a notice to hello@gardenly3d.com containing: (a) your name and contact information; (b) identification of the content you believe is illegal or infringing; (c) an explanation of why you believe the content is illegal or infringing; (d) a statement that you have a good-faith belief that the content is illegal or infringing; (e) the URL or location of the content within the Service, if available; and (f) where applicable, evidence of your rights (such as proof of copyright ownership). Copyright-specific DMCA notices should be sent to hello@gardenly3d.com per Section 20.2.

20.1.3. Review and Action. Upon receipt of a sufficiently detailed notice, SmartFuture AB will review the reported content in a timely, diligent, and non-arbitrary manner and take appropriate action, which may include removing or disabling access to the content.

20.1.4. Notification to Affected User. If content is removed or access is restricted, SmartFuture AB will notify the User who uploaded the content, providing the reasons for the action and information about available remedies, including the counter-notice process.

20.1.5. Counter-Notice. A User whose content has been removed may submit a counter-notice to hello@gardenly3d.com explaining why the content should be restored. SmartFuture AB will review counter-notices in good faith and take appropriate action.

20.1.6. Repeat Infringers. SmartFuture AB maintains a policy of terminating the Accounts of repeat infringers, as stated in Section 7.6.

20.2. United States -- DMCA Policy

20.2.1. SmartFuture AB respects the intellectual property rights of others and expects its Users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 (17 U.S.C. section 512) ("DMCA"), SmartFuture AB will respond to notices of alleged copyright infringement that comply with the DMCA.

20.2.2. DMCA Takedown Notice. If you believe that your copyrighted work has been copied and is accessible on the Service in a way that constitutes copyright infringement, you may submit a DMCA takedown notice to our designated agent at hello@gardenly3d.com containing: (a) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing and information reasonably sufficient to locate the material; (d) your contact information, including address, telephone number, and email address; (e) a statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

20.2.3. DMCA Counter-Notification. If you believe that your content was removed or disabled by mistake or misidentification, you may submit a counter-notification to hello@gardenly3d.com containing: (a) your physical or electronic signature; (b) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed; (c) a statement under penalty of perjury that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification; and (d) your name, address, and telephone number, and a statement that you consent to the jurisdiction of a Federal court in the judicial district in which your address is located (or, if outside the United States, any judicial district in which SmartFuture AB may be found) and that you will accept service of process from the person who provided the DMCA notice or an agent of such person.

20.2.4. Designated Agent. SmartFuture AB's designated agent for DMCA notices is reachable at hello@gardenly3d.com. The designated agent's information is also registered with the U.S. Copyright Office, to the extent required.

21. Account Suspension and Termination

21.1. Termination by User

21.1.1. You may cancel your Account at any time through the Account settings in the Service or by contacting support@gardenly3d.com. Cancellation of a paid subscription takes effect at the end of the current billing period; you will retain access to Paid Services until that date.

21.1.2. Upon cancellation, you will have a thirty (30) day Export Window to retrieve your data, as described in Section 15.7.

21.2. Suspension and Termination by SmartFuture AB for Cause

21.2.1. SmartFuture AB may immediately suspend or terminate your Account, without prior notice and without refund, if:

(a) You breach any material provision of these Terms;

(b) You fail to pay any fees when due after reasonable notice and a grace period;

(d) You upload content that infringes third-party intellectual property rights;

(e) You pose a security risk to the Service, other Users, or SmartFuture AB's infrastructure;

(f) You engage in abusive, threatening, or harassing behavior toward SmartFuture AB or its personnel;

(g) You are or become subject to economic sanctions, trade restrictions, or export control prohibitions;

(h) Your use of the Service causes excessive load, consumes disproportionate resources, or degrades the Service for other Users;

(i) You use the Service in a manner that could expose SmartFuture AB to legal liability;

(j) You violate the Acceptable Use Policy in Section 8.

21.3. Termination by SmartFuture AB for Convenience

21.3.1. SmartFuture AB may terminate your Account for convenience by providing at least ninety (90) days' advance written notice, subject to the provisions of Section 16.

21.4. Free Service Termination

21.4.1. SmartFuture AB may suspend or terminate Free Services at any time with minimal or no notice, for any reason or no reason. SmartFuture AB shall have no liability for such suspension or termination.

21.5. Effect of Termination

21.5.1. Upon termination or expiration of your Account:

(a) Your license to use the Service terminates immediately (subject to any remaining billing period for cancellation of paid plans);

(b) You will have the Export Window described in Section 15.7 to retrieve your data;

(c) After the Export Window, SmartFuture AB may permanently delete all User Content and project data associated with your Account;

(d) All accrued payment obligations survive termination;

(e) Sections 1, 6, 7.2, 7.3, 9, 10, 11, 12, 13, 14, 15, 17, 18, 20, 22, 25, 26, 27, and 28 survive termination.

21.5.2. SmartFuture AB shall have no liability for any damages arising from the suspension or termination of your Account in accordance with these Terms.

22. Confidentiality

22.1. Confidential Information. Each party acknowledges that, in connection with these Terms, it may receive confidential or proprietary information of the other party ("Confidential Information"). Confidential Information includes, without limitation: business plans, pricing, technical data, product plans, customer data, and any information designated as confidential or that would reasonably be understood to be confidential given the nature of the information and the circumstances of disclosure.

22.2. Obligations. Each party agrees to: (a) protect the other party's Confidential Information using at least the same degree of care it uses to protect its own Confidential Information, but no less than reasonable care; (b) use the other party's Confidential Information solely for the purposes of exercising its rights and performing its obligations under these Terms; and (c) not disclose the other party's Confidential Information to any third party except as necessary to exercise its rights or perform its obligations under these Terms, and only to persons bound by confidentiality obligations at least as restrictive as those in this Section.

22.3. Exclusions. Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was lawfully known to the receiving party before disclosure by the disclosing party, without any obligation of confidentiality; (c) is independently developed by the receiving party without use of or reference to the disclosing party's Confidential Information; or (d) is lawfully received by the receiving party from a third party without restriction on disclosure.

22.4. Required Disclosures. A party may disclose the other party's Confidential Information to the extent required by applicable law, regulation, or court order, provided that the disclosing party provides reasonable advance notice (where permitted) to allow the other party to seek protective measures.

22.5. Aggregated Data. SmartFuture AB may use aggregated, anonymized, or de-identified usage data and analytics for the purpose of improving the Service, conducting research, and generating industry benchmarks. Such aggregated data shall not identify individual Users or contain any User Content. For clarity, SmartFuture AB does not claim any ownership rights over User Content.

22.6. Survival. Confidentiality obligations under this Section 22 survive termination of these Terms for a period of two (2) years from the date of termination.

23. Sanctions and Export Control

23.1. Compliance. You represent and warrant that: (a) you are not located in, organized under the laws of, or a resident of any country or territory that is the subject of comprehensive economic sanctions (including, without limitation, Cuba, Iran, North Korea, Syria, the Crimea, Donetsk, and Luhansk regions of Ukraine, or any other sanctioned territory as designated by the European Union, the United States, the United Nations, or Sweden); (b) you are not designated on any sanctions or restricted party list maintained by the European Union, the United States (including the OFAC SDN List, the BIS Entity List, and the State Department debarred list), the United Nations, Sweden, or any other applicable jurisdiction; and (c) you will not use the Service in violation of any applicable export control, trade sanction, or embargo law or regulation.

23.2. Right to Block or Terminate. SmartFuture AB reserves the right to block, restrict, or terminate access to the Service for any User or from any jurisdiction as necessary to comply with applicable sanctions, export control, or trade compliance laws, without prior notice and without liability.

23.3. Indemnification. You agree to indemnify SmartFuture AB against any claims, penalties, fines, or losses arising from your violation of this Section 23.

24. Modifications to Terms

24.1. Right to Modify. SmartFuture AB reserves the right to modify, amend, or update these Terms at any time.

24.2. Material Changes. For material changes to these Terms, SmartFuture AB will provide at least thirty (30) days' advance notice by email to the address associated with your Account and through an in-app notification.

24.3. Acceptance of Material Changes. For material changes to these Terms, SmartFuture AB will require affirmative re-acceptance through a renewed clickwrap mechanism before you may continue using the Service. Upon your next login after a material change, you will be presented with the updated Terms and must check the "I have read and agree to the updated Terms of Service" checkbox before accessing the Service. Your continued use of the Service after affirmatively accepting the updated Terms constitutes your agreement to the modified Terms. If you do not agree to the modified Terms, you must stop using the Service and terminate your Account. If you are on a paid plan and terminate due to a material change, you will receive a pro-rata refund for the unused portion of any prepaid subscription period.

24.4. Non-Material Changes. Non-material changes (such as typographical corrections, formatting changes, or clarifications that do not affect your rights or obligations) take effect immediately upon posting without advance notice or re-acceptance. Your continued use of the Service after non-material changes constitutes acceptance.

24.5. Free Services. Terms governing Free Services may be changed with shorter notice than specified in Section 24.2, at SmartFuture AB's discretion. However, material changes to Free Service terms still require affirmative re-acceptance as described in Section 24.3.

24.6. Acceptance Records. SmartFuture AB records the ToS version and Privacy Policy version accepted by each User at the time of acceptance, including the timestamp, User ID, user agent, and method of acceptance (initial registration or re-acceptance). SmartFuture AB does not record your IP address in the acceptance record. These records serve as evidence of your agreement to the specific version of the Terms you accepted.

25. Governing Law and Dispute Resolution

25.1. Governing Law. These Terms shall be governed by and construed in accordance with the laws of Sweden, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.

25.2. Mandatory Negotiation. In the event of any dispute, controversy, or claim arising out of or in connection with these Terms, or the breach, termination, or invalidity thereof, the parties shall first attempt to resolve the dispute through good-faith negotiation for a period of thirty (30) days from the date one party provides written notice of the dispute to the other party.

25.3. Dispute Resolution — EU/EEA Users

25.3.1. If you are located in, organized under the laws of, or have your principal place of business in a Member State of the European Union or the European Economic Area at the time the dispute arises, and the dispute is not resolved through negotiation within the 30-day period described in Section 25.2, either party may submit the dispute to the exclusive jurisdiction of the competent courts of Sweden, with Jönköping District Court (Jönköpings tingsrätt) as the court of first instance, unless mandatory law requires a different forum.

25.4. Dispute Resolution — Non-EU/EEA Users (Arbitration)

25.4.1. If you are located outside the EU/EEA at the time the dispute arises, and the dispute is not resolved through negotiation within the 30-day period described in Section 25.2, the dispute shall be finally resolved by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (the "SCC").

25.4.2. The arbitration shall be conducted in accordance with the SCC Arbitration Rules in effect at the time of the commencement of the arbitration.

25.4.3. The seat of arbitration shall be Stockholm, Sweden. The language of the arbitration shall be English.

25.4.4. The arbitral tribunal shall consist of a sole arbitrator, unless the SCC determines that the complexity or value of the dispute warrants a three-member tribunal.

25.4.5. The arbitral award shall be final and binding on the parties and may be enforced in any court of competent jurisdiction under the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958).

25.4.6. Small Claims Exception. Notwithstanding Sections 25.4.1 through 25.4.5, disputes where the total amount claimed by all parties (including counterclaims) does not exceed ten thousand euros (EUR €10,000) may, at the election of either party, be submitted to the exclusive jurisdiction of the competent courts of Sweden, with Jönköping District Court (Jönköpings tingsrätt) as the court of first instance, instead of arbitration.

25.4.7. Expedited Procedure. For disputes where the total amount claimed does not exceed one hundred thousand euros (EUR €100,000), the SCC Expedited Arbitration Rules shall apply unless the parties agree otherwise.

25.4.8. Confidentiality of Proceedings. The existence and content of arbitral proceedings, including all submissions, evidence, and awards, shall be treated as Confidential Information under Section 22, except to the extent disclosure is required by applicable law or necessary for enforcement of the award.

25.5. General Provisions for Dispute Resolution

25.5.1. Injunctive Relief. Nothing in this Section 25 prevents either party from seeking interim or injunctive relief from any court of competent jurisdiction to prevent irreparable harm pending the outcome of negotiation, arbitration, or litigation.

25.5.2. Language. The English language version of these Terms is the controlling version. Any translations are provided for convenience only and shall not be binding. All notices and communications under these Terms shall be in English.

25.5.3. Electronic Communications. You agree that electronic acceptance of these Terms and electronic delivery of notices, disclosures, and other communications satisfy any legal requirement that such communications be in writing.

26. Limitation Period for Claims

26.1. To the maximum extent permitted by applicable law, any claim or cause of action arising out of or relating to these Terms or the Service must be filed within twelve (12) months after the date on which the event giving rise to the claim occurred. After this period, such claim or cause of action is permanently barred.

26.2. This limitation period applies regardless of the form of action, whether in contract, tort, strict liability, or otherwise.

26.3. This limitation period does not apply to claims that, under applicable mandatory law, cannot be subject to a contractually shortened limitation period.

27. Jurisdiction-Specific Provisions

27.1. European Union / European Economic Area. If you are located in the EU or EEA: Nothing in these Terms excludes or limits any rights you may have under Directive (EU) 2019/770 (Digital Content Directive), Regulation (EU) 2016/679 (GDPR), Directive (EU) 2011/83 (Consumer Rights Directive), Directive 93/13/EEC (Unfair Terms Directive), or other mandatory consumer or data protection laws applicable in your country of residence within the EEA. To the extent any provision of these Terms conflicts with such mandatory law, the mandatory law prevails, but only to the minimum extent required.

27.2. Sweden. These Terms are subject to the fairness review provisions of Section 36 of the Swedish Contracts Act (Avtalslagen 1915:218). Any provision of these Terms that is found to be unconscionable or unreasonable under Section 36 shall be modified to the minimum extent necessary to render it enforceable, without affecting the validity of the remaining provisions.

27.3. Australia. If you are a consumer within the meaning of the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010): Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms purports to modify or exclude the conditions, warranties, and undertakings implied by the Australian Consumer Law. All other warranties not imposed by the Australian Consumer Law are expressly excluded to the fullest extent permitted by law.

27.4. United States -- California. If you are a resident of California: The disclaimers and limitations in these Terms apply to the maximum extent permitted by California law, including but not limited to California Civil Code Sections 1792 through 1795.8 and the Uniform Commercial Code as adopted in California. California Civil Code Section 1542 provides: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." You expressly waive and relinquish all rights and benefits under Section 1542 with respect to any claims released in these Terms, to the maximum extent permitted by law. You acknowledge that you may have rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), as described in our Privacy Policy.

27.5. General Savings Clause. Nothing in these Terms excludes or limits any rights you may have under mandatory applicable law in your jurisdiction. Where mandatory law provides rights or protections that cannot be waived or limited by contract — including rights under applicable data protection law (including Canada's PIPEDA and Quebec Law 25, Australia's Privacy Act 1988, Brazil's LGPD, New Zealand's Privacy Act 2020, and applicable US state privacy laws), consumer protection law, or other mandatory local law — those protections prevail over any conflicting provision of these Terms, to the minimum extent required. SmartFuture AB respects all mandatory legal requirements in the jurisdictions where it operates.

27.6. United Kingdom. If your principal place of business is in the United Kingdom:

(a) UK GDPR. Processing of your personal data is subject to the UK General Data Protection Regulation (UK GDPR) as retained under the European Union (Withdrawal) Act 2018, and the Data Protection Act 2018. References in these Terms and the Privacy Policy to "GDPR" include UK GDPR where applicable.

(b) Supervisory Authority. The Information Commissioner's Office (ICO) is the competent supervisory authority for UK-based data subjects: Wycliffe House, Water Lane, Wilmslow SK9 5AF; ico.org.uk.

(c) International Transfers. Transfers of personal data from the United Kingdom to third countries are governed by the UK International Data Transfer Agreement (IDTA, effective 21 March 2022) or the EU Standard Contractual Clauses supplemented by the ICO's UK Addendum (effective 21 March 2022). EU SCCs alone do not cover UK-to-third-country transfers.

(d) Governing Law. Swedish law governs these Terms (Section 25.1). Mandatory provisions of UK law that cannot be waived by contract prevail to the minimum extent required.

28. General Provisions

28.1. Severability. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, or if modification is not possible, it shall be severed from these Terms. The invalidity, illegality, or unenforceability of any provision shall not affect the validity, legality, or enforceability of the remaining provisions, which shall continue in full force and effect.

28.2. Order of Precedence. In the event of a conflict between these Terms and the DPA, the DPA prevails with respect to data protection matters. In the event of a conflict between these Terms and the Privacy Policy, these Terms prevail except with respect to the collection, use, and processing of Personal Data, where the Privacy Policy prevails. In all other cases, these Terms prevail.

28.3. Assignment. You may not assign, transfer, or delegate these Terms or any of your rights or obligations hereunder, in whole or in part, without SmartFuture AB's prior written consent. SmartFuture AB may freely assign, transfer, or delegate these Terms, in whole or in part, in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets, without your consent. Any attempted assignment in violation of this Section is void. These Terms are binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.

28.4. Waiver. The failure of either party to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision or of any other right or provision. A waiver of any right or provision is effective only if made in writing and signed by the waiving party.

28.5. No Third-Party Beneficiaries. These Terms are intended solely for the benefit of SmartFuture AB and you. No third party (including your clients, contractors, suppliers, lenders, insurers, or regulators) acquires any rights, claims, or benefits under these Terms. Without limiting the generality of the foregoing, no third party is entitled to rely on any Service output or Exported Material, or to assert any claim against SmartFuture AB based on these Terms.

28.6. Relationship of the Parties. The relationship between SmartFuture AB and you is that of independent contractors. Nothing in these Terms creates or implies any partnership, joint venture, employment, agency, or fiduciary relationship between the parties. Neither party has any authority to bind the other party or to incur any obligation on behalf of the other party.

28.7. Notices. All legal notices under these Terms must be in writing and delivered by email or registered mail. Notices to SmartFuture AB must be sent to hello@gardenly3d.com and, for formal legal process, to SmartFuture AB, SciencePark, Gjuterigatan 9, 553 18 Jönköping, Sweden. Notices to you will be sent to the email address associated with your Account or through an in-app notification. Notices are deemed received: (a) if sent by email, on the date of confirmed delivery (or, if sent to a valid address, 48 hours after sending); (b) if sent by registered mail, on the date of confirmed delivery or 10 business days after posting, whichever is earlier.

28.8. Survival. The following Sections survive termination or expiration of these Terms: 1 (Definitions), 6 (Company Intellectual Property), 7.2 (License to SmartFuture AB, to the extent necessary for post-termination data handling), 7.3 (User Representations and Warranties), 9 (Accuracy Disclaimers), 10 (Third-Party Reliance), 11 (Free Tools, Training, and Marketing Content), 12 (Warranty Disclaimer), 13 (Limitation of Liability), 14 (Indemnification), 15 (Data Loss and Backup), 17 (Force Majeure), 18 (Data Protection), 20 (Copyright Infringement), 22 (Confidentiality), 23 (Sanctions), 25 (Governing Law), 26 (Limitation Period), 27 (Jurisdiction-Specific Provisions), and 28 (General Provisions).

28.9. Headings. The headings in these Terms are for convenience only and do not affect the interpretation of any provision.

28.10. Counterparts and Electronic Execution. These Terms may be accepted electronically. Electronic acceptance, as described in Section 3, has the same legal force and effect as a handwritten signature.

29. Contact Information

SmartFuture AB SciencePark, Gjuterigatan 9 553 18 Jönköping, Sweden

Legal, Privacy and DMCA: hello@gardenly3d.com General Support: support@gardenly3d.com Website: gardenly3d.com

These Terms of Service were last updated on July 4, 2026. Version 1.4 — Effective July 4, 2026.