Terms of service

Internet Site

By accessing or using this Site in any way you agree to the terms and conditions set forth in this document. If you do not agree to all of the terms do not access or use this Site. We reserve the right to update and change these terms from time to time without notice. You can always find the most recent version of these terms here: https://gardenpuzzle.com/pages/en/terms
  1. The Site Operator
    2. The administrator and owner ("Site Operator") of the site ("GardenPuzzle") is a company registered under the name Marek Rafałowicz located in EU, Poland, Hubalczyków 15, 70-776 Szczecin, EU VAT PL5262378587.
  2. Licensed uses and restrictions
    1. The GardenPuzzle is owned by the Site Operator and is licensed to you on a worldwide, non-exclusive, non-sublicensable basis on the terms and conditions set forth herein. These terms define legal use of the GardenPuzzle, all updates, revisions, substitutions, and any copies of the GardenPuzzle made by or for you. User images, comments, questions, answers and other materials entered by users are owned by the users and not by Site Operator. All rights not expressly granted to you are reserved by Site Operator.
    2. You agree to use the free version of the service for non-commercial purposes only.
    3. You agree not to:
      1. Use GardenPuzzle in any manner or for any purpose that violates any law or regulation, any right of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality.
      2. Post or otherwise submit any topic, name, material or information that contains pornography, defamatory, excessively violent, harassing, inappropriate, indecent, lascivious, lewd, obscene, profane, racist, unlawful, or otherwise objectionable content.
      3. Use GardenPuzzle in a manner that adversely impacts the stability or may be harmful or disruptive to GardenPuzzle servers.
      4. Sell, lease, or sublicense GardenPuzzle or access thereto or derive revenues from the use or provision of GardenPuzzle, whether for direct commercial or monetary gain or otherwise, except as set forth below.
      5. Market any goods or services for any business purpose (including advertising and making offers to buy or sell goods or services), unless specifically allowed to do so by Site Operator.
      6. Collect, harvest, mine or engage in any other activity to obtain e-mail addresses, personal information or any other information about others.
      7. Use or attempt to gain access to or use another account, password, materials or computer systems or networks connected to any Site Operator server or to the GardenPuzzle without authorization from Site Operator, whether through hacking, password mining or any other means.
      8. Access or attempt to access any material that you are not authorized to access or materials through any means not intentionally made available through the site or services.
      9. Make available any files containing materials where you do not own or control, or have not received the necessary licenses to, all intellectual property rights, rights of privacy and publicity and all other rights in and to such materials.
  3. Paid version
    1. Site operator offers extended, paid version of the service ("Paid Account"). If you are a paid account user you are granted a non-exclusive, limited licence for final garden visualisations created by you at GardenPuzzle website, limited by the following conditions:
      1. you can copy, distribute, print, transmit, publicly present and sell or otherwise use commercially only complete, final garden visualisations,
      2. you can use complete, final visualisations in larger works
      3. you cannot remove GardenPuzzle branding from the visualisations
      4. you cannot introduce further modifications to the visualisations
      5. using visualisations of single plants or accessories is strictly forbidden.
    2. For processing the payments you agree to provide Site Operator with personal information required for carrying out the transaction. You agree that this information may be shared with payment agent ( PayPal (Europe) S.à r.l. & Cie, S.C.A. (“PayPal Europe”) 22–24 Boulevard Royal L-2449, Luxembourg) involved in carrying out the transaction.
    3. Site Operator does not store nor processes debit or credit card data.
    4. Site Operator does not hold responsibility for the actions, inaccuracies, bugs, interruptions of services, data loss, security problems of payment agents involved in the transaction process.
  4. Submitted user materials
    1. For all materials that you post or otherwise submit to the GardenPuzzle, including comments, feedback, bug reports, piracy reports, product suggestions, images, texts videos, sounds, designs, you grant Site Operator an unrestricted, irrevocable, non-exclusive, worldwide, royalty-free and fully paid up license to use, reproduce, publicly display, publicly perform, copy, edit, modify, translate, reformat, transmit and distribute such materials, with or without having your name attached, in any manner or form and for any purpose, with full rights to sublicense such rights, and you also acknowledge and agree that Site Operator is free to use any ideas, concepts, know-how or techniques that you provide for any purpose without any compensation to you.
    2. By posting or submitting your materials, you represent and warrant that you own or otherwise control all of the intellectual property rights and other rights to those materials.
    3. Site operator does not pre-screen materials that users provide or otherwise submit to GardenPuzzle; however, Site Operator may remove any posted or submitted by user materials from the site any reason without notice in its sole discretion.
  5. Privacy
    1. With the exclusion of the provisions of paragraph III.2, the data about users will not be revealed to any other parties excluding situations in which Site Operator will be obliged to do so by applicable law so or in the case of selling or passing GardenPuzzle as a whole to a different entity.
    2. In order to purchase the Paid Account access or use the trial version, the user is required to provide his personal data.
    3. The administrator of personal data processed on the site is the Site Operator
    4. Processed data includes:
      1. e-mail address: required to provide services on the website, among others to maintain access to your account, carry out transactions, send information related to the contract
      2. name and surname: in order to issue a license for a desktop program
    5. When initiating purchases on the website, the necessary personal data will be forwarded to the payment operator.
    6. The data is processed for the purpose of performing sale contracts, processing complaints and possible claims as well as for analytical and statistical purposes.
    7. You have the right to inspect your data, the right to modify it and the right to request the cessation of processing of your data (in this case the usage of the service might not be possible)
    8. Personal data will be kept for the duration of the contract. Additionally, after the contract is terminated, the data will be stored due to the obligations arising from accounting and tax regulations (for their duration), and for reasons of legal security (until the time limit for any claims).
    9. Your email address provided during registration will be used to send notifications regarding your account (like confirmation of the completed transaction, notification of an expiring paid package etc).
    10. During the registration you can also agree to use your email for marketing purposes (e.g. receiving notifications about special offers, discounts etc). This consent is not required to complete the registration.
    11. At any time you can withdraw the consent to use your email for marketing purposes by logging in and updating your data on our website.
    12. GardenPuzzle uses cookies for technical (e.g to handle login process), statistical and marketing purposes. This data is gathered only in aggregated and anonymous form.
    13. By using the service you are accepting the usage of cookies. You can block cookies in the internet browser settings, however in such case we cannot guarantee the proper operation of the service.
  6. Ownership and relationship of parties
    7. The GardenPuzzle website (including but not limited to underlying software, graphic design, images, videos, sounds) is protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the Poland, EU and other countries. These terms grant you no right, title, or interest in any intellectual property owned or licensed by Site Operator.
  7. Support
    8. Site Operator may elect to provide you with support or modifications for GardenPuzzle (collectively, "Support"), in its sole discretion, and may terminate such Support at any time without notice to you. Site Operator may change, suspend, or discontinue any aspect of the GardenPuzzle at any time, including the availability of GardenPuzzle website. Site Operator may also impose limits on certain features and services or restrict your access to parts or all of the GardenPuzzle web site without notice or liability.
  8. Termination
    1. Site Operator reserves the right to cancel free accounts at any time at its sole discretion. Also Site Operator may cancel your paid account in the case of non-payment or the case of your violation of the terms of service. In case of account cancellation, all information and content contained within the site may be deleted permanently. Site Operator accepts no liability for information or content that is deleted.
    2. At any time you can request to have your data deleted from our site, by sending an email to helpdesk@gardenpuzzle.com. Such request will result in closing your account, termination of all paid services and irreversible deletion of all your information and content from our site.
  9. Disclaimer of warranties
    10. SITE OPERATOR DOES NOT REPRESENT OR WARRANT THAT GARDENPUZZLE IS FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR IS RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID. GARDENPUZZLE IS PROVIDED "AS IS" WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND AND SITE OPERATOR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SECURITY, TITLE AND/OR NON-INFRINGEMENT. YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF IT INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.
  10. Indemnity
    11. You agree to indemnify and hold harmless Site Operator, and its subsidiaries, affiliates, officers, agents, or other partners, and employees, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of and access to the site, your violation of the terms of service, your violation of any rights of another person or entity, or your violation of any applicable laws or regulations.
  11. Limitation of liability
    12. SITE OPERATOR SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE GARDENPUZZLE, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), OR ANY OTHER PECUNIARY LOSS, WHETHER OR NOT SITE OPERATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL SITE OPERATOR BE LIABLE TO YOU FOR ANY AMOUNT.
  12. Release and waiver
    13. To the maximum extent permitted by applicable law, you hereby release and waive all claims against Site Operator, and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising from or in any way related to your use of GardenPuzzle.
  13. Applicable law
    14. This Agreement is governed by the laws of the Poland, EU, regardless of conflict of law provisions, and the parties hereby irrevocably and unconditionally submit to the exclusive jurisdiction of the courts in Szczecin, Poland, EU.

GardenPuzzle for Desktop

End User Licence Agreement

By downloading and installing GardenPuzzle for Desktop ("Product") you agree to the terms and conditions set forth in this agreement. If you do not agree to all of the terms you must not use the Product.
  1. The Producer
    2. The author and the owner ("Producer") of the Product is a company registered under the name Marek Rafałowicz located in EU, Poland, Hubalczyków 15, 70-776 Szczecin, EU VAT PL5262378587.
  2. Licensed uses and restrictions
    1. Product is owned by the Producer and is licensed to you on a worldwide, non-exclusive, non-sublicensable basis on the terms and conditions set forth herein. These terms define legal use of the Product, all updates, revisions, substitutions, and any copies of the Product made by or for you.
    2. You will not, without the prior written consent of Producer:
      1. decompile, reverse engineer, disassemble, analyze, modify, adapt, convert, create derivative works from, or otherwise attempt to derive, the code of the Product;
      2. sell, sublicense, redistribute, reproduce, transmit, circulate, disseminate, translate or reduce to or from any electronic medium or machine readable form the Product or any data/information provided to you through the Product
      3. except as otherwise permitted in this EULA, publish, promote, broadcast, circulate or refer publicly to the Producer name, trade name, trademark, service mark or logo
      4. The Product includes license protection mechanisms that are designed to manage and protect the intellectual property rights of Producer. You must not modify or alter those features to try to defeat the Product use rules that the license protection mechanisms are designed to enforce.
    3. You must at all times: (a) ensure that only you, an authorized user, may use the Product and only for authorized use in accordance with the terms and conditions of this Agreement; (b) promptly advise Producer, including in writing, if the you becomes aware of any unauthorized use or distribution of the Product by any person.
    4. You may not, whether through deliberate or negligent act or act of omission, distribute or cause the distribution of the Product to any third party other than an authorized user.
  3. Free trial version
    1. Producer is offering a free trial version of the Product with limited functionality. You agree to use the free version of the Product for non-commercial purposes only.
  4. Paid version
    1. A fee paid by you to Producer is required for the authorized use of the full functionality of the Product. License fee is nonrefundable and payable upon acceptance of the terms and conditions set out herein.
    2. Upon receipt of licensee fee from you, Producer will supply you with the Product and licence key required for unlocking full functionality via electronic download
    3. Starting from the version 2.0 of the product, license is granted for the specific period of time. After termination of that period, Product will switch to the free version mode, unless the renewal fee is paid.
    4. For processing the payments you agree to provide Producer with personal information required for carrying out the transaction. You agree that this information may be shared with payment agent ( PayPal (Europe) S.à r.l. & Cie, S.C.A. (“PayPal Europe”) 22–24 Boulevard Royal L-2449, Luxembourg) involved in carrying out the transaction.
    5. Site Operator does not store nor processes debit or credit card data.
    6. Producer does not hold responsibility for the actions, inaccuracies, bugs, interruptions of services, data loss, security problems of payment agents involved in the transaction process.
  5. Privacy
    1. With the exclusion of the provisions of paragraph IV.3, the data about users will not be revealed to any other parties excluding situations in which Producer will be obliged to do so by applicable law so or in the case of selling or passing Product as a whole to a different entity.
    2. In order to purchase the product or download the trial version, the user is required to provide his personal data.
    3. The administrator of personal data processed on the site is the Producer
    4. Processed data includes:
      1. e-mail address: required to provide services on the website, among others to maintain access to your account, carry out transactions, send you information related to the contract
      2. name and surname: in order to issue a license for a desktop program
    5. When initiating purchases on the website, the necessary personal data will be forwarded to the payment operator.
    6. The data is processed for the purpose of performing sale contracts, processing complaints and possible claims as well as for analytical and statistical purposes.
    7. You have the right to inspect your data, the right to modify it and the right to request the cessation of processing of your data (in this case the usage of the product might not be possible)
    8. Personal data will be kept for the duration of the contract. Additionally, after the contract is terminated, the data will be stored due to the obligations arising from accounting and tax regulations (for their duration), and for reasons of legal security (until the time limit for any claims).
    9. Your email address provided during transaction will also be used to send notifications regarding your products (like confirmation of the completed transaction, sending activation code, notification about new program version etc).
  6. Ownership and relationship of parties
    7. The Product (including but not limited to underlying software, graphic design, images, videos, sounds) is protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the Poland, EU and other countries. These terms grant you no right, title, or interest in any intellectual property owned or licensed by Producer.
  7. Support
    8. Producer may elect to provide you with support or modifications for Product (collectively, "Support"), in its sole discretion, and may terminate such Support at any time without notice to you. Producer may change, suspend, or discontinue any aspect of the Product at any time, including the availability of Product website. Producer may also impose limits on certain features and services or restrict your access to parts or all of the Product web site without notice or liability.
  8. Termination
    9. You may terminate this Agreement at any time by destroying all copies of the Product in your possession. Either party hereto may terminate this Agreement if the other party commits a material breach and such party does not cure such material breach within thirty (30) days of written notice of such breach. You agreea upon termination of this License to destroy all copies of the Product in your possession
  9. Disclaimer of warranties
    10. PRODUCER DOES NOT REPRESENT OR WARRANT THAT PRODUCT IS FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR IS RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID. PRODUCT IS PROVIDED "AS IS" WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND AND PRODUCER EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SECURITY, TITLE AND/OR NON-INFRINGEMENT. YOUR USE OF THE PRODUCT IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF IT INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.
  10. Indemnity
    11. You agree to indemnify and hold harmless Producer, and its subsidiaries, affiliates, officers, agents, or other partners, and employees, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of and access to the site, your violation of the terms of service, your violation of any rights of another person or entity, or your violation of any applicable laws or regulations.
  11. Limitation of liability
    12. PRODUCER SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE PRODUCT, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), OR ANY OTHER PECUNIARY LOSS, WHETHER OR NOT PRODUCER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL PRODUCER BE LIABLE TO YOU FOR ANY AMOUNT.
  12. Release and waiver
    13. To the maximum extent permitted by applicable law, you hereby release and waive all claims against Producer, and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising from or in any way related to your use of Product.
  13. Applicable law
    14. This Agreement is governed by the laws of the Poland, EU, regardless of conflict of law provisions, and the parties hereby irrevocably and unconditionally submit to the exclusive jurisdiction of the courts in Szczecin, Poland, EU.

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