Terms of Service

Last updated: October 6, 2026

1. Acceptance of Terms

By accessing or using ProScape AI ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service.

ProScape AI is operated by Birgu Consulting SRL, Romania, registration number J12/4519/2022, CUI RO46534236.

2. Description of Service

ProScape AI is an AI-powered landscape design platform that allows users to:

  • Upload photos of outdoor spaces
  • Create landscape design transformations using AI technology
  • Generate before-and-after visualizations
  • Save and download design results
  • Receive location-based plant recommendations using GPS, address lookup, or USDA zone selection

3. Third-Party Services

Our Service incorporates third-party services including:

  • Google Maps Platform: We use Google Maps APIs for address geocoding and location services. By using location features, you also agree to Google Maps Terms of Service and Google's Privacy Policy
  • AI Services: Google Gemini to read your photo and write the plan, and image models run through Replicate to draw the picture
  • Street View: Google Street View, when you start a design from an address instead of a photo
  • Cloud Infrastructure: Cloudflare for content delivery and storage
  • Customer Support: Crisp (Crisp IM SAS, France) for support chat, available to logged-in users and loaded only when you open the chat
  • Payments: Polar (Polar Software Inc.) sells our subscriptions as the merchant of record. Your payment is made to Polar, your invoice comes from Polar, and Polar handles the tax on it. Polar's own terms apply to the purchase alongside these.
  • Analytics: Umami for website analytics, and Microsoft Clarity for session replay and heatmaps (loaded only if you accept optional cookies)

4. User Accounts

To use our Service, you must:

  • Create an account using Google OAuth authentication
  • Provide accurate and complete information
  • Maintain the security of your account credentials
  • Be at least 18 years of age

You are responsible for all activities that occur under your account.

5. Subscription Plans and Billing

Trial Period

New users receive a 14-day free trial with 10 credits included.

Paid Plans

  • Hobby: 30 credits per month
  • Basic: 70 credits per month
  • Pro: 150 credits per month
  • Enterprise: 450 credits per month

Billing Terms

  • Subscriptions are billed monthly in advance
  • A subscription renews automatically every month, at the price shown when you subscribed, until you cancel it
  • Your credits reset each month on your billing date
  • Unused credits do not roll over to the next month
  • You may cancel at any time on your account page. A cancelled plan stays yours until the end of the month you have paid for, and nothing is charged after that
  • When you subscribe we email you the plan, the price, the renewal date and how to cancel, and once a year we remind you before a renewal

6. Acceptable Use Policy

You agree not to use the Service to:

  • Upload inappropriate, illegal, or copyrighted content
  • Generate content that violates intellectual property rights
  • Attempt to reverse engineer or extract AI models
  • Exceed rate limits or abuse the API
  • Share account credentials with others

7. Content and Intellectual Property

Your Content

  • You retain ownership of images you upload
  • You grant us a license to process your images for service delivery
  • You are responsible for ensuring you have rights to uploaded content
  • We do not use your photos or your designs in our advertising, on our website or on social media unless we have asked you about that particular picture and you have said yes. You can take that yes back at any time, and we will stop using the picture

Generated Content

  • AI-generated designs are provided for your use, including commercial use: you may show them to clients, put them in proposals and sell work based on them
  • The pictures the Service draws are generated by AI. We label them as such on the design page, in your gallery, on our public pages and in proposals
  • We do not claim ownership of AI-generated outputs
  • Generated content may not be unique to you
  • AI output is a design concept. Zone and sun checks come from our database — confirm with your local nursery before you buy.
  • A proposal: this is a design concept. Plant availability, soil and site conditions must be confirmed on site. Not a survey, permit drawing or engineering document.
  • Toxicity notes are general guidance, not veterinary or medical advice.

Our Service

  • The ProScape AI platform, software, and branding are our property
  • You may not copy, modify, or distribute our proprietary technology

8. Privacy and Data Protection

Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your information.

9. Service Availability

We strive to provide reliable service but cannot guarantee:

  • 100% uptime or uninterrupted access
  • Specific processing times for AI generation
  • Availability of third-party AI services we depend on

We reserve the right to modify or discontinue the service with reasonable notice.

10. Limitation of Liability

To the maximum extent permitted by law:

  • Our liability is limited to the amount you paid for the service in the twelve months before the claim
  • We are not liable for indirect, incidental, or consequential damages
  • Nothing in these Terms limits our liability for gross negligence or wilful misconduct, or any liability that the law does not allow us to limit
  • AI-generated content is provided "as is" without warranties
  • You use the service at your own risk

11. Termination

By You

You may cancel your subscription at any time, and delete your account yourself from the account page. Deleting the account removes your designs and their files; see our Privacy Policy.

By Us

We may terminate or suspend your account if you:

  • Violate these Terms of Service
  • Engage in fraudulent or abusive behavior
  • Fail to pay subscription fees

Effect of Termination

  • Access to the service will be discontinued
  • Your data may be deleted according to our retention policy
  • No refunds for partial subscription periods

12. Disclaimers and Warranties

The service is provided "as is" and "as available" without warranties of any kind. We disclaim all warranties, express or implied, including but not limited to:

  • Merchantability and fitness for a particular purpose
  • Accuracy or reliability of AI-generated content
  • Compatibility with your specific use case
  • Uninterrupted or error-free operation

13. Governing Law and Disputes

These Terms are governed by the laws of Romania, and disputes are settled by the courts of Romania. If you are a consumer, this does not take away any protection or any right to bring a claim that the law of the country where you live gives you.

14. Changes to Terms

We may modify these Terms at any time. We will notify users of significant changes via email or service notifications. Continued use of the service after changes constitutes acceptance of the updated Terms.

15. Contact Information

For questions about these Terms of Service, please contact us at [email protected].