These Terms of Service ("Terms") govern your access to and use of Flowerplot's website and platform (the "Service"), operated by Flowerplot LLC ("Flowerplot," "we," "us," or "our"). By creating an account or using the Service, you agree to these Terms.

1. Eligibility and Accounts

You must be at least 18 years old and able to form a binding contract to use the Service. You're responsible for maintaining the confidentiality of your account credentials and for all activity under your account. Notify us immediately at accounts@flowerplot.com if you suspect unauthorized use.

If you're creating an account on behalf of a company, you represent that you have the authority to bind that company to these Terms.

2. The Service

Flowerplot helps you analyze, visualize, and publish content from survey data you upload, including AI-generated insights, charts, and a searchable stat library. Features and limits vary by plan — see our Pricing page for current details on plan tiers, user seats, and usage limits.

We may modify, add, or remove features at any time. We'll make reasonable efforts to notify you of material changes that affect your use of paid features.

3. Subscription Plans, Billing, and Cancellation

Plans. Flowerplot offers a Free plan and paid subscription plans as described on our Pricing page. Paid plans are billed monthly or annually in advance through Stripe.

Auto-renewal. Paid subscriptions renew automatically at the then-current rate unless canceled before the renewal date.

Cancellation. You can cancel at any time through your account settings. Cancellation takes effect at the end of your current billing period; we don't provide refunds for partial periods except where required by law.

Price changes. We'll provide at least 30 days' notice before any price increase takes effect for existing subscribers.

Free plan limits. The Free plan is subject to the dataset, user, and feature limits described on our Pricing page, which may change from time to time.

4. Your Data and Content

Ownership. You retain all rights to the datasets, survey responses, and content you upload to the Service ("Your Content"). We claim no ownership over Your Content.

License to us. You grant Flowerplot a limited license to host, process, and display Your Content solely to provide and improve the Service for your account. This license ends when you delete Your Content or close your account, subject to our data retention practices described in our Privacy Policy.

Your responsibilities. You're responsible for ensuring you have the necessary rights and permissions to upload Your Content, and that it doesn't violate any law or third party's rights. Flowerplot is not responsible for verifying the accuracy or legality of data you upload.

AI-generated insights. Flowerplot's AI features generate insights, summaries, and suggested visualizations based on Your Content. These outputs are provided to help you analyze your data — you're responsible for reviewing and verifying any AI-generated insight before publishing, citing, or otherwise relying on it externally. Flowerplot does not guarantee the accuracy of AI-generated outputs.

No cross-customer training. We do not use Your Content to train AI models for the benefit of other customers, consistent with our Privacy Policy.

5. Acceptable Use

You agree not to:

• Use the Service to upload or process data you don't have the rights to use

• Reverse engineer, decompile, or attempt to extract the underlying models or source code of the Service

• Use the Service to build a competing product

• Attempt to gain unauthorized access to other customers' accounts or data

• Use the Service to violate any applicable law, including data privacy and intellectual property law

• Interfere with or disrupt the integrity or performance of the Service

• Misrepresent AI-generated insights as independently verified fact when publishing externally

We may suspend or terminate accounts that violate these terms.

6. Intellectual Property

The Service, including its software, design, and branding, is owned by Flowerplot and protected by intellectual property laws. These Terms don't grant you any rights to Flowerplot's trademarks, logos, or brand assets except as necessary to use the Service as intended.

7. Third-Party Services

The Service may integrate with or rely on third-party providers (e.g., Stripe for payments, AWS for hosting, analytics providers). Your use of those integrations may be subject to the third party's own terms. We're not responsible for the acts or omissions of third-party providers.

8. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We don't warrant that the Service will be uninterrupted, error-free, or that AI-generated insights will be accurate or complete.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL FLOWERPLOT, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

IN NO EVENT WILL FLOWERPLOT'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FLOWERPLOT IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

THESE LIMITATIONS APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. NOTHING IN THIS SECTION LIMITS EITHER PARTY'S LIABILITY FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR EITHER PARTY'S INDEMNIFICATION OBLIGATIONS UNDER SECTION 10.

Some jurisdictions don't allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

10. Indemnification

You agree to indemnify and hold Flowerplot harmless from any claims, damages, or expenses arising from Your Content, your violation of these Terms, or your violation of any law or third-party right.

11. Termination

You may close your account at any time. We may suspend or terminate your access to the Service if you violate these Terms, or for any reason with 30 days' notice for Free-plan accounts. Upon termination, your right to use the Service ends, and Sections 4 (as to data retention), 8, 9, 10, and 13 survive.

12. Changes to These Terms

We may update these Terms from time to time. We'll notify you of material changes via email or a notice on the Service. Continued use after changes take effect constitutes acceptance.

13. Governing Law and Disputes

These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict of law principles.

Arbitration agreement. You and Flowerplot agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved through binding arbitration, rather than in court, except that either party may bring an individual action in small claims court. The arbitration will be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, conducted in Massachusetts [or by video/remote means], before a single arbitrator. The arbitrator's decision will be final and binding, with only limited rights of appeal under applicable law.

Class action waiver. You and Flowerplot agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If this class action waiver is found unenforceable as to a particular claim or request for relief, that claim or request must be brought in court, and all other claims remain subject to arbitration.

Absent arbitration or a valid opt-out, any dispute not subject to arbitration will be subject to the exclusive jurisdiction of the state and federal courts located in Massachusetts, and you consent to personal jurisdiction there.

14. Contact Us

Flowerplot LLC 16 John H. Finley III Way, Suite 304 Framingham, MA 01701

accounts@flowerplot.com