Terms of Use

Last updated: October 11, 2026

Please read these Terms of Use carefully before using Our Service.

Interpretation and Definitions

Interpretation. Words with a capitalized first letter have the meanings defined below, whether they appear in singular or plural.

Definitions. For the purposes of these Terms of Use:

• Affiliate means an entity that controls, is controlled by, or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for election of directors or other managing authority.
• Application means the Whimsy Gardener web application at app.whimsygardener.com.
• Company (also “We,” “Us,” or “Our”) means Whimsy Gardener LLC.
• Privacy Policy means Our policy at https://whimsygardener.com/about/privacy-policy/.
• Refund Policy means Our policy at https://whimsygardener.com/about/refund-policy/.
• Service means the Application, the Website, or both.
• Subscription Terms means the section of these Terms titled “Subscription Terms.”
• Terms of Use (also “Terms”) means these Terms of Use, including the Refund Policy and any other document expressly incorporated by reference. They govern Your access to and use of the Service and, together with the Privacy Policy, form the entire agreement between You and the Company regarding the Service.
• Website means the Whimsy Gardener website at whimsygardener.com.
• You means the individual accessing or using the Service.

Acknowledgment

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms, which apply to all visitors, users, and others who access or use the Service. By accessing or using the Service, You agree to be bound by them. If You disagree with any part, You may not access the Service.

You represent that You are at least 18 years old. The Company does not permit anyone under 18 to use the Service.

Your use of the Service is also subject to Our Privacy Policy, which describes how We collect, use, and disclose personal information. Please read it carefully.

Accounts

To use the Service, You need an account. When You create one, You agree to give accurate, current information and to keep it up to date. You are responsible for keeping Your login credentials secure and for all activity under Your account. Please let Us know promptly at hello@whimsygardener.com if You think someone has used Your account without permission.

Accounts are for one person each, and You may not share Your account or sell or transfer it to anyone else. You can update Your details, change Your password, and delete Your account from Account in the app, subject to the Subscription Terms. Deleting Your account permanently removes Your data, except for backups kept for a limited time or data We must keep by law, and ends any remaining paid access, as described in the Subscription Terms. You must cancel Your subscription prior to deleting Your account. You may still be billed if You do not cancel Your subscription prior to account deletion. Contact customer service at hello@whimsygardener.com with issues.

We may suspend or close an account as described in the Termination section.

Your Content

“Your Content” means the information and files You add to the Service, such as plant records, notes, journal entries, tasks, recipes, garden layouts, and photos.

What We may do with it. You give the Company a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, host, store, reproduce, modify, process, display, and distribute Your Content in connection with operating, providing, maintaining, securing, supporting, improving, and developing the Service and Our business. This includes allowing Our service providers to do these things on Our behalf.

Your responsibilities. You are responsible for Your Content. You confirm that You have the right to upload it and that it does not violate any law or anyone else’s rights, including copyright and privacy. Please do not upload anything unlawful, infringing, defamatory, or harmful to others. We may remove content that violates these Terms or the law, and may suspend or close an account as described in the Termination section.

Backups. You can export Your data (for example, to CSV or PDF) from the app. We take reasonable steps to protect Your Content, but You are responsible for keeping any copies You need.

Feedback. If You send Us ideas or suggestions about the Service, We may use them without obligation or payment to You.

Our Intellectual Property

The Service and everything in it, other than Your Content, belongs to the Company or its licensors. That includes the software, design, text, graphics, the plant catalog and its data and images, and the Whimsy Gardener name and logo. These are protected by copyright, trademark, and other laws.

Subject to these Terms, the Company grants You a limited, non-exclusive, non-transferable, revocable license to use the Service for Your own personal, non-commercial use. This license does not include the right to copy, resell, sublicense, or create derivative works from the Service or its content, except as these Terms or the law allow. We reserve all rights not expressly granted.

Copyright Complaints

We respect intellectual property rights. If You believe content on the Service infringes Your copyright, please send a written notice to hello@whimsygardener.com that includes: (a) Your name and contact information; (b) a description of the copyrighted work You claim is infringed; (c) a description of the material You claim is infringing and where it is located in the Service; (d) a statement that You have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; (e) a statement that the information in Your notice is accurate and, under penalty of perjury, that You are the copyright owner or are authorized to act on the owner’s behalf; and (f) Your physical or electronic signature. We may remove or disable access to the material and may notify the person who posted it. If You believe content was removed by mistake, You may send Us a written counter-notice with Your contact information and an explanation, and We may restore the content as permitted by law. We may suspend or close the accounts of users who repeatedly infringe the rights of others.

Gardening Information

Whimsy Gardener is a planning and record-keeping tool. Planting dates, frost dates, hardiness zones, weather, watering, spacing, companion planting, pest and disease information, and other plant details in the Service are general guidance. They come from Our plant catalog and third-party sources, and they may not fit Your location, microclimate, soil, or growing conditions.

This information is not professional horticultural, agricultural, medical, veterinary, or safety advice. Please check it against reliable local sources before You rely on it. In particular, do not eat, handle, or use any plant, mushroom, or other material, or let pets or children near it, based only on information in the Service, including anything about edibility or toxicity. If You think someone has been exposed to something harmful, contact a doctor, veterinarian, poison control center, or emergency services right away.

You are responsible for Your own gardening decisions and their results. We are not responsible for crop loss, plant damage, or other outcomes. Information You enter or personalize, such as Your own plants and notes, is Your Content, and We do not verify it.

Third-Party Data and Services

Some features rely on data and services from third parties, such as weather forecasts, growing-zone data, location lookups, payment processing, and analytics. We do not control these providers and do not guarantee that their data is accurate, complete, or available at any given time. Features that depend on them may be delayed, inaccurate, or unavailable. How We handle information related to these services is described in Our Privacy Policy.

Changes to the Service

We are always improving Whimsy Gardener. We may add, change, or remove features, change what is included in the free plan or in Pro, and update or discontinue all or parts of the Service. Where a change materially reduces what You have paid for, You may cancel under the Subscription Terms. The Service may occasionally be unavailable because of maintenance, updates, or problems beyond Our control. Features marked beta or preview may change or end without notice and may be less reliable.

Links to Other Websites

The Service may link to third-party websites or services that We do not own or control. We are not responsible for their content, privacy policies, or practices, and We are not liable for any damage or loss caused or alleged to be caused by Your use of or reliance on them. We encourage You to read the terms and privacy policies of any third-party site You visit.

Subscription Terms

Plans. Whimsy Gardener has a free plan and paid Pro access. Pro is available as (a) an Annual subscription that renews automatically each year, and (b) a One-Year plan, a one-time purchase that gives You Pro for one year and does not renew. Current pricing, features, and plan terms are shown at checkout.

Payments. Purchases are processed by Paddle, Our merchant of record. Paddle collects payment and applicable taxes and issues receipts, and Your purchase is also subject to Paddle’s terms. Prices may exclude taxes, which are calculated at checkout.

Annual renewal. Your Annual subscription renews automatically each year. By subscribing, You authorize Us (through Paddle) to charge Your payment method on a recurring basis without asking each time. If a payment fails, Paddle may retry it, and if the payment cannot be collected Your subscription may be canceled and Pro access will end.

One-Year plan. Pro access ends on the date shown in Account → Subscription, and You will not be charged again. You cannot buy a second One-Year plan while one is active. After it expires, You may purchase again.

Cancellation. Cancel an Annual subscription any time in Account → Subscription, or by contacting Us at hello@whimsygardener.com. You keep Pro until the end of the period You have paid for, and You will not be charged again. Canceling does not delete Your account or Your data.

Refunds: You may be entitled to a refund as described in Our Refund Policy, which is part of these Terms.

When Pro ends. Your account returns to the Free plan. Your data stays in Your account, but free-plan limits apply.

Deleting Your account. If You have an active Annual subscription, You must cancel it in Account → Subscription before You can delete Your account. Once it is canceled, deleting Your account permanently removes Your profile, garden content, and photos from Our systems, except for backups kept for a limited time or data We must keep by law, and ends any remaining paid time. Deletion does not by itself refund the unused portion of a paid period; refunds are governed by the Refund Policy. If Your subscription is past due when You delete Your account, it is canceled immediately. If You are charged after deleting Your account, contact Us at hello@whimsygardener.com.

Price changes. We may change subscription fees from time to time and will communicate any price changes to You in accordance with applicable law.

Prohibited Uses

As a user of Our Service, You agree not to:

• Extract data or content from the Service to create or compile, directly or indirectly, a collection or database.
• Use scripts, bots, scrapers, data-mining tools, or other automated means to access or interact with the Service, except standard search engine or browser use.
• Use the Service in a way that violates any applicable law or regulation.
• Upload or transmit anything that acts as a passive or active information-collection mechanism, such as tracking pixels, web bugs, or spyware.
• Interfere with, disrupt, or place an undue burden on the Service or its networks.
• Harass, intimidate, or threaten Our employees or agents.
• Attempt to bypass any measure that restricts or protects access to the Service.
• Copy or adapt the Service’s software or code, or, except as permitted by law, decompile, disassemble, or reverse engineer it.
• Collect usernames or email addresses of users to send unsolicited email, or create accounts by automated means or under false pretenses.
• Resell or sublicense the Service, or use it to build a competing product or service.
• Use the Service to advertise or offer to sell goods or services.

Termination

By You. You can stop using the Service at any time, and You can delete Your account from Account in the app. How deleting interacts with billing is explained in the Subscription Terms.

By Us. We may suspend or end Your access if You breach these Terms, if We reasonably believe Your account is being used fraudulently or unlawfully, if We reasonably believe it is needed to protect the Service, other users, or compliance with the law, or if We stop offering the Service. Where practical and legally permitted, We will tell You why.

Effect. When Your access ends, Your right to use the Service ends immediately. Sections that by their nature should continue will continue, including Your Content, Our Intellectual Property, the disclaimers, Limitation of Liability, Indemnification, Governing Law, Dispute Resolution, and any amounts You owe.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event will the Company, its Affiliates, or its and their directors, employees, agents, licensors, or suppliers be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, revenue, data, or goodwill, crop or plant loss, business interruption, or loss of privacy, arising out of or related to the Service or these Terms, even if advised of the possibility of such damages.

To the maximum extent permitted by applicable law, the total liability of the Company, its Affiliates, and its and their directors, employees, agents, licensors, and suppliers for all claims arising out of or related to the Service or these Terms, and Your exclusive remedy, is limited to the amount You actually paid for the Service in the 12 months before the claim arose. If You have not paid anything, Your exclusive remedy is to stop using the Service.

Some jurisdictions do not allow certain limitations or exclusions of liability, including for personal injury or for fraud or gross negligence, so some of the above may not apply to You. In those cases, Our liability is limited to the greatest extent permitted by law.

“As Is” and “As Available” Disclaimer

The Service is provided to You “As Is” and “As Available” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected, or that Your Content will be kept without loss or corruption.

Without limiting the foregoing, neither the Company nor any of the Company’s providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its Affiliates, and its and their directors, employees, agents, licensors, and suppliers from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or related to (a) Your Content, (b) Your breach of these Terms, or (c) Your violation of any law or of another person’s rights. We will notify You of any such claim promptly and cooperate with You reasonably. We may take over the defense and control of any claim at Your expense, and You may not settle a claim in a way that affects the Company without Our written consent. This section applies only to the extent permitted by applicable law.

Governing Law

These Terms and Your use of the Service are governed by the laws of the State of North Carolina, United States, excluding its conflict-of-law rules, and by applicable federal law. Your use of the Service may also be subject to other local, state, national, or international laws.

Dispute Resolution

Informal resolution first. If You have a concern or dispute about the Service, please contact Us first at hello@whimsygardener.com with a written description of the problem and what You are asking for. Both of us agree to try in good faith to resolve it informally for at least 30 days before either of us starts a formal proceeding, except that either of us may seek urgent relief at any time to protect its rights or property.

Venue. If we cannot resolve it, any claim or dispute arising out of or related to these Terms or the Service must be brought exclusively in the state or federal courts located in North Carolina, and You and the Company consent to the personal jurisdiction of those courts.

Your local rights. Nothing in this section limits any mandatory consumer rights You have under the law of the place where You live, including any right to bring a claim in the courts there.

Severability and Waiver

Severability. If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver. Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

General

Assignment. You may not assign or transfer these Terms or Your rights under them without Our written consent. We may assign these Terms to an Affiliate or in connection with a merger, sale, or reorganization of the business.

Events beyond Our control. We are not liable for any delay or failure caused by events beyond Our reasonable control, including outages, failures, or delays of third-party providers, hosting, networks, or payment processors.

Notices

We may give You notice by posting it on the Website, including by updating the “Last updated” date on these Terms, and You are responsible for checking them from time to time. We may also contact You by email at the address on Your account, but We are not required to. You can contact Us at hello@whimsygardener.com. By using the Service, You agree to receive notices electronically.

Changes to These Terms of Use

We may modify these Terms at any time. We will post the updated Terms on the Website and change the “Last updated” date. Material changes take effect no sooner than 30 days after We post them, except that changes required by law, or needed to address security or abuse, may take effect immediately.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, You must stop using the Service.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to a United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

California Users

If You are a California resident, the following notice is provided under California Civil Code Section 1789.3. The Service is provided by Whimsy Gardener LLC, [mailing address]. Charges for the Service, if any, are shown at checkout before You pay and are described in the Subscription Terms. For questions or complaints about the Service, contact Us at hello@whimsygardener.com. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Contact Us

If You have questions about these Terms, You can contact Us:

• By email: hello@whimsygardener.com
• Through Our Website: https://whimsygardener.com/contact/