By creating an account, joining the waitlist, or otherwise using Plantburgh Portal (the "Service") provided by Plantburgh® LLC, a Pennsylvania limited liability company and parent of Plantburgh Products ("Plantburgh", "we", "us"), you ("Provider", "you") agree to these Terms of Service ("Terms"). If you are entering into these Terms on behalf of a company, you represent that you have the authority to bind that company.
You are responsible for keeping login credentials secure, for all activity under your account, and for ensuring Crew Members and Provider Clients you invite comply with these Terms and applicable policies. You must notify us promptly of any unauthorized access.
You may use the Service to operate your service business — manage clients, schedule jobs, send invoices, accept payments, communicate with clients and crews, and use the AI features included in your subscription tier. You may invite Provider Clients and Crew Members under your account.
You agree not to (a) violate the Acceptable Use Policy; (b) reverse-engineer, scrape, or resell the Service except as permitted on the Agency or Enterprise white-label tiers; (c) misuse AI features for content generation outside the scope of operating your business; or (d) use the Service to send unsolicited bulk communications.
Free tier accounts pay only the published Platform Fee on processed GMV. Paid tier subscriptions add a recurring monthly fee, governed by the Master Subscription Agreement. Platform Fees are deducted at the time of payment processing via Stripe Connect.
You retain ownership of Provider Data. You grant Plantburgh a worldwide, non-exclusive license to host, transmit, and process Provider Data solely to provide the Service. Plantburgh acts as a data processor for Provider Data; Provider acts as the data controller of Provider-Client and Crew-Member data. The Privacy Policy describes what we collect.
You are responsible for obtaining lawful consent from your Provider Clients and Crew Members for the data you cause to be submitted to the Service on their behalf.
Plantburgh® is a registered trademark of Plantburgh LLC. The Service, its software, branding, logos, and proprietary algorithms (including AI prompt designs, persona density matrices, agent registries, and rule frameworks) are the intellectual property of Plantburgh LLC. Plantburgh LLC's ownership of the Service codebase is established by an Intellectual Property Assignment Agreement between the founding operator and Plantburgh LLC; the Service IP is wholly owned by Plantburgh LLC, not by any individual. The "Plantburgh Products" subsidiary brand operates under the Plantburgh® mark; "Plantburgh Products" is not separately registered as a trademark.
Provider receives a non-exclusive, non-transferable, revocable license to use the Service per these Terms. No other rights are granted by implication or estoppel.
Plantburgh permits Providers on Agency and Enterprise tiers to display Provider's brand name and logo on Provider-Client-facing surfaces (portal, widget, emails) under a co-branded or fully white-labeled configuration. White-label use does not relieve Provider of these Terms or the underlying agreements, and Plantburgh may at any time require attribution where legally or operationally required (e.g., security disclosures, payment processor disclaimers).
The Service includes AI-assisted features (drafting, classification, suggestion). AI output is generated by third-party language models and may contain errors. Provider is responsible for reviewing AI-generated content before sending to Provider Clients or relying on it for business decisions. Plantburgh disclaims warranty of AI accuracy.
You may terminate at any time via the Settings → Billing screen or by emailing support@plantburgh.com. Plantburgh may terminate or suspend your account for breach of these Terms, the Acceptable Use Policy, or non-payment. On termination, Provider Data is retained for [PLACEHOLDER — e.g., 90 days] for export, then deleted.
The Service is provided "as is" and "as available." Plantburgh disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
To the maximum extent permitted by law, Plantburgh shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from: (a) your access to or use of or inability to access or use the Service; (b) any conduct or content of any third party on the Service; (c) any content obtained from the Service; (d) unauthorized access, use, or alteration of your transmissions or content. Plantburgh's total liability shall not exceed the amount you paid Plantburgh in the 12 months preceding the claim.
You agree to indemnify, defend, and hold harmless Plantburgh, its owners, operators, officers, directors, employees, agents, and affiliates from any claims, damages, obligations, losses, liabilities, costs, or expenses (including reasonable attorney fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party rights; (d) your Provider Data; (e) any disputes between you and your Provider Clients or Crew Members.
Plantburgh targets 99.5% uptime for the Service measured monthly, excluding scheduled maintenance windows. If uptime falls below 99.5% in any calendar month, affected paid subscribers may request a pro-rata credit for the downtime period. Credits are limited to the monthly subscription amount and must be requested within 30 days. This target does not apply to Free tier accounts, force majeure events, third-party service outages (Firebase, Stripe, SendGrid, Anthropic, Twilio), or issues caused by the Provider.
These Terms are governed by the laws of the Commonwealth of Pennsylvania. Any disputes arising from these Terms or your use of the Service shall be resolved through binding arbitration in Pittsburgh, Pennsylvania, under the rules of the American Arbitration Association. You waive the right to participate in class-action lawsuits. Each party bears its own costs. Small-claims court actions (disputes under \$10,000) are exempt from this arbitration requirement and may be brought in the appropriate small-claims court in Allegheny County, Pennsylvania.
We may update these Terms with at least 30 days' notice for material changes, communicated via email or in-app notification. Material changes also trigger a re-acceptance prompt at next login. Continued use after the new effective date constitutes acceptance. If you disagree, you may terminate before the effective date.
The founding operator of Plantburgh Portal retains perpetual, irrevocable, non-transferable access to the Service at the highest available tier, including all features, data export capabilities, and administrative functions, regardless of any change in ownership, acquisition, merger, or transfer of the Service or its assets. This clause survives any change of control.
These platform-level Terms govern your (Provider) use of the Service. You may separately publish your own terms governing your Provider Clients via Settings → Legal & Policies; those tenant-level terms operate at a different layer and do not modify these Terms.
Email: legal@plantburgh.com · Plantburgh LLC, Pittsburgh, PA.