Terms of Service
Effective Date: April 1, 2026 · Last Updated: April 1, 2026
These Terms of Service ("Terms") govern your use of the website located at gardenassistant.ai and your engagement of gardening and landscaping services provided by gardenassistant.ai ("we," "us," or "our"), operated by Lance Neely in Oklahoma. By accessing our website or purchasing our services, you agree to be bound by these Terms. If you do not agree, please do not use our website or services.
1. Services
gardenassistant.ai provides personal gardening and landscaping services including, but not limited to:
- Garden installation and setup (raised beds, native landscaping, pollinator gardens, food gardens, cottage gardens)
- Ongoing garden maintenance plans (monthly, bi-monthly, or quarterly visits)
- Garden consultations (in-person and virtual)
- Add-on services (weeding, fertilization, native plant installation, pots and hanging baskets)
- AI-powered tools (Garden Designer, Garden Identifier, Sage chatbot) available on our website
Service availability is subject to geographic limitations. We currently serve customers in the greater Oklahoma area. We reserve the right to decline service requests at our discretion.
2. Online Purchases and Payments
2.1 Pricing. All prices displayed on our website are in U.S. dollars and are subject to change without notice. The price charged at the time of your transaction is the binding price for that purchase.
2.2 Payment Processing. All online payments are processed securely through Stripe. By providing your payment information, you authorize us to charge the full amount for the services selected. We do not store your credit card information on our servers.
2.3 Purchase Confirmation. Upon successful payment, you will receive a confirmation email at the address provided. This confirmation constitutes acceptance of your order and initiates our service scheduling process.
2.4 Taxes. Applicable sales taxes, if any, will be calculated and added at checkout in accordance with Oklahoma state law.
3. Scheduling and Service Delivery
3.1 Scheduling. After purchase, our team will contact you within one (1) business day to schedule your service visit. Actual service dates are subject to availability, weather conditions, and reasonable scheduling constraints.
3.2 Access to Property. You agree to provide safe and reasonable access to the service area on the scheduled date. If access is not available at the agreed time, we reserve the right to reschedule and may charge a trip fee for missed appointments.
3.3 Site Conditions. You represent that you have the authority to authorize work on the property where services will be performed. You agree to disclose any known hazards, underground utilities, irrigation systems, or other conditions that may affect service delivery.
3.4 Weather. Outdoor gardening services may be delayed or rescheduled due to inclement weather. We will notify you as soon as practicable and reschedule at no additional cost.
4. Cancellations and Refunds
4.1 Customer Cancellations. You may cancel a scheduled service with at least 48 hours' notice at no charge. Cancellations made with less than 48 hours' notice may be subject to a cancellation fee of up to 25% of the service cost.
4.2 Refund Schedule.
| Situation | Refund Policy |
|---|---|
| Cancellation with 48+ hours notice | Full refund |
| Cancellation with less than 48 hours notice | Refund minus cancellation fee (up to 25%) |
| Service not yet performed | Full refund upon request |
| Service partially completed | Pro-rated refund at our discretion |
| Dissatisfaction with completed work | Contact us within 7 days; we will make it right or issue a partial refund |
4.3 Maintenance Plans. Monthly maintenance plans may be cancelled at any time with 30 days' written notice. Prepaid plan amounts for future unperformed visits will be refunded on a pro-rated basis.
4.4 How to Request a Refund. Contact us at [email protected] or (405) 388-8387. Refunds are processed within 5–10 business days to the original payment method.
5. Maintenance Plan Terms
5.1 Recurring Services. Maintenance plans are ongoing service agreements billed on a recurring basis (monthly, bi-monthly, or quarterly) as selected at purchase.
5.2 Plan Modifications. You may upgrade, downgrade, or cancel your maintenance plan at any time by contacting us. Changes take effect at the start of the next billing cycle.
5.3 Scope of Work. Each maintenance visit includes the services described in the plan you selected. Additional work beyond the plan scope may be quoted and billed separately.
6. AI-Powered Tools
Our website includes AI-powered tools (Garden Designer, Garden Identifier, and the Sage chatbot) provided for informational and planning purposes only. These tools:
- Are not a substitute for professional horticultural advice
- May not account for all local soil, climate, or pest conditions specific to your property
- Are provided "as is" without warranty of accuracy or fitness for a particular purpose
We are not liable for any outcomes resulting from reliance on AI tool outputs. Always consult with our team before making significant planting or landscaping decisions.
7. Intellectual Property
All content on gardenassistant.ai — including text, images, logos, graphics, AI tool interfaces, and software — is the property of gardenassistant.ai or its licensors and is protected by applicable copyright and intellectual property laws. You may not reproduce, distribute, or create derivative works from our content without prior written permission.
8. User Conduct
You agree not to use the website or services to:
- Violate any local, state, national, or international law
- Transmit any harmful, threatening, abusive, or offensive material
- Impersonate any person or entity or misrepresent your affiliation
- Interfere with or disrupt the website or servers
- Collect or store personal data about other users without permission
- Attempt to reverse engineer any software on the website
9. Limitation of Liability
To the maximum extent permitted by applicable law, gardenassistant.ai and its owner shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our website or services, including but not limited to property damage, plant loss due to weather or pests after service completion, or reliance on AI tool recommendations.
Our total liability to you for any claim arising from our services shall not exceed the amount you paid for the specific service giving rise to the claim. Nothing in these Terms limits liability for gross negligence, willful misconduct, or any liability that cannot be excluded under Oklahoma law.
10. Disclaimer of Warranties
Our website and AI tools are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that our website will be uninterrupted, error-free, or free of viruses or other harmful components.
11. Indemnification
You agree to indemnify, defend, and hold harmless gardenassistant.ai, its owner, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or in any way connected with your access to or use of the website or services, or your violation of these Terms.
12. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Oklahoma, without regard to its conflict of law provisions. Any disputes arising under these Terms shall first be addressed through good-faith negotiation. If unresolved, disputes shall be submitted to binding arbitration in Oklahoma County, Oklahoma, under the rules of the American Arbitration Association, except that either party may seek injunctive relief in a court of competent jurisdiction.
13. Changes to These Terms
We reserve the right to modify these Terms at any time. When we do, we will update the "Last Updated" date at the top of this page. Your continued use of our website or services after changes are posted constitutes your acceptance of the revised Terms. For material changes, we will make reasonable efforts to notify you by email.
14. Contact Us
If you have questions about these Terms, please contact us:
Business: gardenassistant.ai
Owner: Lance Neely
Email: [email protected]
Phone: (405) 388-8387
Location: Oklahoma, USA