Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Writegarden platform ("Service"), operated by Writegarden ("Provider", "we", "us", "our"). By creating an account or using the Service, you ("User", "you", "your") agree to be bound by these Terms. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization. If you do not agree to these Terms, you must not access or use the Service.

1. Service Description

Writegarden is a business-to-business (B2B) software-as-a-service (SaaS) platform that uses artificial intelligence to:

• Generate SEO-optimized blog articles and content
• Perform keyword research and competitive analysis
• Generate AI images for article illustrations
• Publish content to third-party content management systems (Webflow, Shopify, WordPress, Wix, and Framer)
• Connect to Google Search Console to retrieve search performance data
• Analyze website structure and domain authority
• Analyze your brand's visibility across AI search engines and assistants ("AI Visibility")

The Service utilizes third-party AI models (including but not limited to GPT-4, Claude, Perplexity, and Gemini), accessed both through aggregation providers (such as OpenRouter) and directly from model providers. The specific AI models and providers used may change over time. A current list is maintained in our Privacy Policy and AI Disclosure Policy.

2. AI-Generated Content

2.1 Nature of AI Content

All articles, images, meta descriptions, and other content produced by the Service are generated by artificial intelligence systems. AI-generated content:

• May contain factual inaccuracies, errors, or outdated information
• May not fully reflect your brand voice, values, or messaging
• May inadvertently resemble or overlap with existing third-party content
• Should be treated as a draft requiring human review and editing
• Is generated based on probabilistic language models and is not a substitute for professional expertise

2.2 No Reliance

You acknowledge and agree that you must not rely on AI-generated content without independent verification and human review. You bear full and sole responsibility for reviewing, editing, fact-checking, and approving all AI-generated content before publication or any other use.

2.3 Publication Responsibility

When you publish AI-generated content to any platform (including through our integrations with Webflow, Shopify, WordPress, Wix, or Framer), you assume full responsibility for that content. The Provider is not liable for any consequences arising from the publication of AI-generated content, including but not limited to SEO ranking changes; regulatory, legal, or compliance issues; reputational impacts; claims by third parties; or search engine penalties.

3. Intellectual Property and Content Ownership

3.1 You Own Your Content

Subject to these Terms and your compliance with the Acceptable Use Policy, you own all content you generate through the Service using your account. You have full rights to use, modify, adapt, publish, distribute, and commercialize that content, including reselling it, with no royalty owed to the Provider. The Provider claims no ownership of your generated content.

We do not use your generated content, business profile, or keyword data to train our own AI models. Where your content is processed by third-party AI providers to deliver the Service, that processing is described in our Privacy Policy.

3.2 Limits of AI-Generated Output

While you own your content, you acknowledge that AI-generated content may not qualify for copyright protection in all jurisdictions; that similar or identical content may be generated for other users based on similar inputs or keywords; and that the Provider makes no representations regarding the copyrightability of AI-generated output.

3.3 No IP Infringement Guarantee

The Provider does not guarantee that AI-generated content will be free from third-party intellectual property claims. AI models are trained on large datasets and may produce output that resembles existing copyrighted works, trademarks, or other protected material. You are solely responsible for ensuring that any content you use or publish does not infringe the intellectual property rights of others.

3.4 Service IP

All rights in the Service itself, including its software, design, documentation, and branding, remain the exclusive property of the Provider. These Terms do not grant you any rights to the Provider's intellectual property except the limited right to use the Service as described herein.

3.5 User-Uploaded and Linked Content

The Service allows you to upload image files and to insert images by URL (collectively, "User Media"). You retain ownership of your User Media. You grant the Provider a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, and display your User Media solely to operate the Service and to publish content at your direction.

You represent and warrant that you own, or have obtained all rights, licences, consents, and permissions necessary for, all User Media you upload or link, and that your User Media does not infringe the intellectual property, privacy, publicity, or other rights of any third party. Uploaded images are stored in publicly accessible storage so they can be served within your articles; you should not upload anything you do not intend to make public.

3.6 Copyright Notices and Takedown

If you believe that content hosted or made available through the Service infringes your copyright or other intellectual property rights, send a notice by email to abuse@writegarden.com including a substantiated explanation of why you consider the content infringing, the exact URL(s) of the content, your name and email address, and a statement of your good-faith belief that the information is accurate. We will acknowledge receipt of a valid notice, process it in a timely, diligent, non-arbitrary and objective manner, and act expeditiously to remove or disable access to infringing content, in line with the EU Digital Services Act (Regulation (EU) 2022/2065). We will suspend or terminate the accounts of repeat infringers.

4. User Obligations

You agree to:

• Provide accurate and current information when creating your account and business profile
• Maintain the confidentiality of your account credentials
• Review all AI-generated content before publication
• Comply with the Acceptable Use Policy
• Comply with all applicable laws and regulations, including data protection and consumer protection laws
• Disclose the AI-generated nature of published content where required by law (see our AI Disclosure Policy)
• Not circumvent, disable, or interfere with any security features of the Service

5. AI Transparency Obligations

In compliance with the EU AI Act (Regulation (EU) 2024/1689), specifically Article 50 on transparency obligations:

• The Service clearly identifies all content as AI-generated within the platform interface
• AI-generated content includes machine-readable metadata indicating its synthetic origin
• AI-generated images are labeled as artificially generated
• You, as the deployer of AI-generated content, have an obligation to ensure that persons exposed to the content are informed of its AI-generated nature

For full details, see our AI Disclosure Policy.

6. Third-Party Integrations

The Service integrates with third-party platforms — including Webflow, Shopify, WordPress, Wix, and Framer for content publishing, and Google Search Console for search performance data. You acknowledge that these integrations require you to authorize access to your third-party accounts via OAuth; that the Provider stores your OAuth tokens encrypted (AES-256-GCM) and uses them solely to provide the integration on your behalf; that third-party platforms are governed by their own terms and privacy policies; that the Provider is not responsible for actions taken by third-party platforms; that you may disconnect integrations at any time through your account settings, which revokes the stored tokens; and that the availability of integrations depends on third-party APIs and may change without notice.

7. Subscription, Payments and Renewal

7.1 Plans and Billing

Access to the Service requires a paid subscription. The current plan is €49 per month, billed monthly in advance. Pricing and any usage limits are displayed at the time of purchase. Payment is processed by our payment processor, Stripe, and by subscribing you also agree to Stripe's applicable terms. We do not store your full card details. Prices are exclusive of VAT and other applicable taxes, which are added at the rate required by your jurisdiction.

7.2 Trial Period

We offer a €1 one-day trial so you can evaluate the Service. A €1 charge is applied at the start of the trial and credited in full to your first monthly invoice when you continue. Unless you cancel before the trial period ends, your subscription automatically converts to the paid plan at the standard monthly rate. We clearly display the trial terms and the date the first full charge will occur before you confirm your subscription.

7.3 Automatic Renewal

Subscriptions renew automatically at the end of each monthly billing interval at the then-current rate, unless you cancel before the renewal date. Any usage allowances reset at the start of each billing interval and do not carry over between intervals.

7.4 Cancellation

You may cancel your subscription at any time through your account settings or the Stripe billing portal. Cancellation takes effect at the end of the current billing period; you retain access until then and will not be charged for subsequent periods. Except where required by applicable law (including the right of withdrawal in Section 8), no pro-rata refunds are provided for partial billing periods.

7.5 Price Changes

We reserve the right to change our pricing. Price changes will not affect your current billing period. We will make reasonable efforts to notify you of significant price changes by email at least 30 days before they take effect. If you do not wish to pay the new price, you may cancel before your next renewal.

7.6 Failed Payments

If a payment fails, your subscription may be marked past due and access to the Service may be suspended until payment is successfully processed. We may retry payment in accordance with Stripe's standard retry schedule before cancelling the subscription.

8. Consumer Right of Withdrawal (EU/EEA)

If you are a consumer resident in the EU/EEA (a natural person acting outside your trade, business, or profession), you have a statutory right to withdraw from the contract within 14 days of entering into it, without giving any reason, under Directive 2011/83/EU and Portuguese Decree-Law No. 24/2014.

Because the Service is digital content and services supplied without a tangible medium, you may expressly request that we begin providing the Service during the 14-day withdrawal period. By starting to use the Service during this period and acknowledging this at checkout, you agree that performance begins immediately at your request; and that you lose your right of withdrawal once the Service has been fully performed, or — for the portion already supplied — you will pay a proportionate amount for the Service used up to the point you withdraw.

To exercise the right of withdrawal where it applies, contact us at hello@writegarden.com before the period expires. This section does not limit any stronger rights available to you under the mandatory consumer-protection law of your country of residence.

9. Billing Concerns and Payment Disputes

If you have a billing concern or believe you were charged in error, please contact us first at hello@writegarden.com. We are committed to resolving genuine billing issues quickly and fairly, and we will not penalize you for raising a legitimate concern or exercising your statutory rights. Nothing in these Terms limits your statutory rights or any rights you may have to dispute a charge with your bank or card provider. We reserve the right to suspend or terminate accounts engaged in fraudulent or bad-faith payment activity, in accordance with applicable law.

10. Communications and Email Preferences

By creating an account, you agree to receive the following communications from us:

• Service-related communications: Essential messages about your account, subscription and billing status, security, technical issues, and important service announcements. This also includes operational reports you have enabled, such as the AI Visibility weekly digest. You cannot opt out of essential service-related communications while you maintain an active account, as they are necessary to provide the Service.
• Marketing communications: Product updates, new features, tips, newsletters, and promotional offers. These are sent only where permitted by law and, where required, with your consent.

You may opt out of marketing communications at any time using the unsubscribe link in any marketing email or by contacting us at hello@writegarden.com. Opting out of marketing does not affect service-related communications.

11. Limitation of Liability

11.1 Liability Cap

Subject to Section 11.4, to the maximum extent permitted by applicable law, the Provider's total aggregate liability to you for all claims arising out of or relating to these Terms or the Service shall not exceed the total fees paid by you to the Provider during the twelve (12) months immediately preceding the event giving rise to the claim.

11.2 Exclusion of Damages

Subject to Section 11.4, to the maximum extent permitted by applicable law, in no event shall the Provider be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, or business opportunities; loss of data or data corruption; loss of goodwill or reputation; SEO ranking losses or search engine penalties; damages arising from AI-generated content inaccuracies; damages arising from third-party intellectual property claims related to AI-generated content; or damages arising from third-party platform actions.

11.3 Basis of the Bargain

You acknowledge that the Provider has set its fees and entered into these Terms in reliance upon the limitations of liability and the disclaimers of warranties set forth herein, and that these form an essential basis of the bargain between the parties.

11.4 Liabilities That Cannot Be Excluded

Nothing in these Terms excludes or limits the Provider's liability where it would be unlawful to do so. This includes, without limitation, liability for fraud or fraudulent misrepresentation; death or personal injury caused by negligence; gross negligence or willful misconduct; damages under Article 82 of the GDPR; and any other liability that cannot be excluded or limited under Portuguese law, applicable EU law, or the mandatory consumer-protection law of your country of residence.

12. Indemnification

To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless the Provider and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with your use of the Service; content you publish using the Service, including AI-generated content; your violation of these Terms or the Acceptable Use Policy; your violation of any applicable law, regulation, or third-party rights; any claim that content published through your account infringes third-party intellectual property rights; or any User Media you upload or insert by URL that infringes the rights of a third party.

13. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or accuracy of AI-generated content.

The Provider does not warrant that the Service will be uninterrupted, error-free, or secure, or that AI-generated content will be accurate, complete, or suitable for any particular purpose. The Provider does not warrant any specific SEO outcomes, traffic improvements, or search engine rankings.

Nothing in this section affects the statutory rights of consumers (including conformity guarantees for digital content and services under Directive (EU) 2019/770 and Portuguese transposing law) that cannot be excluded or limited by contract.

14. Account Suspension and Termination

The Provider may suspend or terminate your account if you violate these Terms or the Acceptable Use Policy; if your use of the Service poses a security risk or may harm other users; if you fail to pay applicable subscription fees; or where required by law or a regulatory authority.

Except in cases involving clearly illegal content, fraud, or imminent harm, we will give you reasonable notice and an opportunity to remedy a violation before terminating your account. Upon termination, your right to access the Service ceases. You may request export of your data within 30 days of termination. After this period, your data will be deleted in accordance with our Privacy Policy.

15. Data Processing

Your use of the Service involves the processing of personal and business data as described in our Privacy Policy. By using the Service, you acknowledge and agree to the data processing practices described therein. Where we process personal data on your behalf (for example, content or contacts you input, or team members you invite), we act as a processor and you as the controller. Our Data Processing Addendum, which satisfies Article 28 of the GDPR and lists our sub-processors, is incorporated into these Terms by reference and applies automatically — no separate signature is required.

16. Force Majeure

The Provider shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond its reasonable control, including but not limited to natural disasters, war, terrorism, pandemics, power outages, internet disruptions, AI provider outages or API changes, third-party platform outages, government actions, or changes in applicable law or regulations.

17. Modifications to Terms

The Provider reserves the right to modify these Terms. We will notify you of material changes by sending an email to the address associated with your account and by displaying a prominent notice within the Service. Material changes will take effect 30 days after notification. Your continued use of the Service after the effective date constitutes acceptance of the modified Terms. If you do not agree, you must stop using the Service and may cancel your subscription.

18. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Portugal and applicable European Union regulations, without regard to conflict of law principles. Any disputes arising from or relating to these Terms or the Service shall be submitted to the exclusive jurisdiction of the competent courts of Portugal. Nothing in this section limits the rights of consumers under mandatory consumer-protection laws of their country of residence, including the right to bring proceedings in the courts of their place of residence.

19. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

20. Contact Information

For questions about these Terms, contact Writegarden at hello@writegarden.com.