Terms of Use

These Terms of Use (“Terms”) form a legally binding agreement between you (“you”) and Skyble Lab (“we,” “us,” or “our”) governing your access to and use of the AI Landscape Design mobile application (iOS and Android) and the website at landscapedesign.io (collectively, “the App” or “the Service”), which generates images using artificial intelligence models. By downloading, installing, accessing, or using the App you agree to these Terms. If you do not agree, do not use the App.

PLEASE READ SECTION 12 (BINDING ARBITRATION; CLASS ACTION WAIVER) CAREFULLY — IT REQUIRES MOST DISPUTES TO BE RESOLVED BY INDIVIDUAL ARBITRATION AND LIMITS YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION.

1. Eligibility

You must be at least 18 years old to use the App. Users aged 13 to 17 may use it only with the consent and supervision of a parent or legal guardian who agrees to these Terms on their behalf and takes responsibility for their use. The App is not intended for and may not be used by anyone under 13. If we learn a user is under 13 we will terminate the account and delete the associated data.

2. License to Use the App

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App on a device you own or control, for personal or commercial use as permitted here. The App and all related software, designs, logos, trademarks, models, and content other than User Content are the exclusive property of Skyble Lab and are protected by intellectual property law. This license is personal to you and may not be assigned or transferred.

3. User Content and AI Output

“User Content” means any photos, prompts, text, or other material you upload, submit, or generate using the App, including AI-generated designs.

YOU RETAIN ALL RIGHTS TO YOUR USER CONTENT AND MAY USE IT COMMERCIALLY, SUBJECT TO YOUR SUBSCRIPTION TIER AND THE REPRESENTATIONS YOU MAKE BELOW.

By submitting User Content you grant us a revocable, non-exclusive, worldwide, temporary, royalty-free, sublicensable license to host, store, reproduce, modify, and display it solely to provide the design feature, improve the Service, and perform our obligations here. That license ends when the content is deleted under Section 4. We will not use your User Content to train AI models.

You represent and warrant that: (a) you own or have all necessary rights and permissions to submit your User Content; (b) it does not violate these Terms, any law, or any third-party right including intellectual property, privacy, or publicity rights; and (c) it does not contain images of a person who has not consented, and where it depicts property you do not own you have the right to photograph and submit it.

What the output is, and what it is not. Designs the App produces are concept images generated by probabilistic models. They may be inaccurate, physically impractical, or visually similar to images we did not create, and we make no guarantee of their originality, accuracy, or non-infringement. The output is not a landscape design, a construction document, or professional advice. It does not account for drainage, grading, soil, setbacks, easements, utility lines, permits, or local code. Do not represent it as the work of a licensed professional, and do not build from it without consulting one. You are solely responsible for evaluating any output before relying on it and for the consequences of doing so.

4. Data Retention

• Input content — photos and prompts you submit — is deleted from our processing systems within 24 hours of submission.
• Output content — the generated designs — is deleted from our systems within 30 days of generation.

You may save output to your own device at any time before deletion. We may retain anonymized, aggregated, or de-identified data indefinitely for analytics and Service improvement. See our Privacy Policy for the full picture.

5. Prohibited Uses

You agree not to use the App to:

• Violate any law, regulation, or third-party right;
• Exploit or harm minors in any way, or generate any sexual content involving minors;
• Generate non-consensual intimate imagery, deepfakes, or content depicting an identifiable person without their consent;
• Generate or share false, defamatory, or misleading material intended to harm any person or entity — including passing off a generated image as a photograph of real, completed work;
• Generate or share content that is discriminatory, hateful, harassing, threatening, or that incites violence on the basis of race, ethnicity, religion, gender, sexual orientation, disability, or any other protected characteristic;
• Generate content depicting graphic violence, gore, weapons of mass destruction, or instructions for illegal activity;
• Provide medical, legal, financial, engineering, or other professional advice;
• Submit copyrighted or trademarked material as input unless you own it or hold a license;
• Impersonate any person or entity, or misrepresent your affiliation with one;
• Reverse engineer, decompile, disassemble, or attempt to derive the source code or training data of the App or its underlying models;
• Develop a competing product or service, or train any machine learning model;
• Interfere with the integrity or performance of the App, gain unauthorized access, use bots or scrapers, or bypass rate limits, security, or access controls.

We may suspend, restrict, or terminate your access at any time, with or without notice, for violating any of these, with no refund.

6. Subscriptions, Payments, and Refunds

Some features require a paid subscription. Pricing, billing period, and what each tier includes are shown before you purchase. Subscriptions are sold and processed through the Apple App Store or Google Play depending on your device, and renew automatically at the then-current rate unless you cancel before the renewal date through the store you bought them from.

Refunds. Refunds for App Store and Google Play purchases are governed by Apple’s and Google’s policies and must be requested from them — we cannot issue them directly. If you believe you were charged in error, write to hello@skyblelab.ai and we will help you pursue it.

Price changes. We may change pricing prospectively with at least 30 days’ notice before your next renewal. Continuing after that constitutes acceptance of the new price.

7. Account Termination

You may stop using the App at any time by deleting it and contacting us to request data deletion. We may suspend or terminate your account if you violate these Terms, abuse the Service, attempt to harm us or other users, or where we reasonably believe it necessary to comply with law or protect anyone’s rights or safety. On termination your right to use the App ends immediately. Sections 3, 8, 9, 10, 12, and 13 survive.

8. Disclaimer of Warranties

THE APP AND ALL AI-GENERATED OUTPUT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM HARMFUL COMPONENTS. WE MAKE NO REPRESENTATION THAT AI-GENERATED OUTPUT WILL BE ACCURATE, RELIABLE, ORIGINAL, NON-INFRINGING, BUILDABLE, OR SUITABLE FOR ANY PURPOSE. ANY RELIANCE ON THE APP OR ITS OUTPUT IS AT YOUR SOLE RISK.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SKYBLE LAB, OUR AFFILIATES, OR OUR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE APP — INCLUDING ANY COST INCURRED IN CONSTRUCTING, PLANTING, OR CONTRACTING WORK BASED ON AN IMAGE THE APP PRODUCED.

OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages. There, these limitations apply only as far as the law permits.

10. Indemnification

You agree to defend, indemnify, and hold harmless Skyble Lab, our affiliates, and our respective officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses including reasonable attorneys’ fees arising out of or connected with: (a) your User Content; (b) your use of or inability to use the App; (c) your violation of these Terms; or (d) your violation of any third-party right.

11. DMCA / Copyright Complaints

We respect intellectual property rights and respond to notices of alleged infringement under the Digital Millennium Copyright Act. Send notices to hello@skyblelab.ai with: (a) a description of the copyrighted work you say was infringed; (b) the location of the allegedly infringing content; (c) your contact information; (d) a statement of good faith belief that the use is not authorized; (e) a statement, under penalty of perjury, that your information is accurate and you are the rights holder or authorized to act for them; and (f) your physical or electronic signature.

12. Binding Arbitration; Class Action Waiver

Read this section carefully — it affects your legal rights.

Agreement to arbitrate. Any dispute, claim, or controversy arising out of or relating to these Terms or the App (a “Dispute”) will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. Arbitration will take place in California, USA, or at your election by phone or video conference. Judgment on the award may be entered in any court of competent jurisdiction.

Class action waiver. YOU AND WE AGREE TO BRING ANY DISPUTE ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS.

Exceptions. Nothing here prevents either party from seeking injunctive or other equitable relief in court for infringement of intellectual property rights, or from filing in small claims court for claims within its jurisdiction.

Opt-out. You may opt out of arbitration by writing to hello@skyblelab.ai within 30 days of first accepting these Terms. Include your name, the email associated with your account, and a statement that you opt out of the arbitration agreement.

Governing law. Subject to the arbitration provision, these Terms are governed by the laws of the State of California without regard to conflict of law rules. Any non-arbitrable Dispute will be brought exclusively in the state or federal courts of California, and you consent to jurisdiction and venue there.

13. Apple-Specific Terms (iOS)

The following applies only if you downloaded the App from the Apple App Store, and supplements rather than replaces the Apple EULA:

• These Terms are between you and us only, not between you and Apple. We — not Apple — are solely responsible for the App and its content.
• Apple has no obligation to provide maintenance or support for the App.
• If the App fails to conform to any applicable warranty you may notify Apple, and Apple will refund the purchase price if any. To the maximum extent permitted by law Apple has no other warranty obligation with respect to the App.
• We — not Apple — are responsible for product liability claims, claims that the App fails to meet a legal or regulatory requirement, claims under consumer protection law, and claims that the App infringes third-party intellectual property rights.
• You must comply with applicable third-party terms when using the App, such as your wireless carrier’s terms.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
• You represent that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not on any U.S. Government list of prohibited or restricted parties.

14. Changes to These Terms

We may revise these Terms. The current version is always posted here with its “Last updated” date. For material changes we will give reasonable notice — an in-App notification or an email — at least 7 days before they take effect. Continued use after that constitutes acceptance.

15. General

• Severability. If any provision is held invalid or unenforceable, the rest remain in full force.
• No waiver. Our failure to enforce any right or provision is not a waiver of it.
• Assignment. You may not assign these Terms or your account without our written consent. We may assign freely.
• Force majeure. We are not liable for delay or failure caused by circumstances beyond our reasonable control, including acts of God, war, terrorism, civil unrest, government action, labor disputes, internet outages, or third-party service failures.
• Entire agreement. These Terms together with our Privacy Policy are the entire agreement between you and us regarding the App and supersede all prior agreements on the same subject.

16. Contact

Questions about these Terms go to hello@skyblelab.ai.