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.

This version applies from 20 October 2026 to accounts created on or after that date. For accounts created before then, it takes effect on 19 November 2026, or earlier if you accept it in the Service; until then, the previous version continues to apply to those accounts and is available on request.

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.

We may add, replace, or retire AI models, providers, and features, provided the Service continues to offer substantially similar functionality. If we materially reduce or discontinue a paid feature during a period you have already paid for, we will notify you in advance where reasonably possible, and you may cancel and receive a pro-rata refund of the fees and purchased credits that relate to the unused part.

Features labelled beta, preview, or experimental are offered so that you can evaluate them early. They may change or be withdrawn at any time and may be less reliable than the rest of the Service. Section 13, including the statutory rights it preserves, applies to them.

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 ("Outputs"). You have full rights to use, modify, adapt, publish, distribute, and commercialize your Outputs, including reselling them, with no royalty owed to the Provider. The Provider claims no ownership of your Outputs.

We do not use your Inputs (defined in Section 3.5), your Outputs, your business profile, or your keyword data to train our own AI models. To deliver a feature you use, we send the relevant content to the AI provider that powers it. Under their terms, most of these providers do not use that content to train their models. Where a provider's terms allow it to use submitted content to improve its own models, our Privacy Policy identifies that provider and the features that use it.

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 Your Inputs, Including Uploaded Media

"Inputs" means everything you or members of your workspace submit to the Service or ask it to retrieve: prompts and instructions, business-profile information, keywords, articles you import, and image or video files you upload, insert by URL, or select as a reference for generation ("User Media"). You retain ownership of your Inputs.

You grant the Provider a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, adapt (for example, by resizing or converting file formats), transmit, and display your Inputs solely to provide the Service to you and to publish content at your direction. This includes sending Inputs to the service providers and AI providers listed in our Privacy Policy when you use a feature that relies on them, and we may sublicense these rights to those providers only as needed for that purpose. The licence ends when you delete the Input or your account, except for copies held in backups until they are overwritten, content already published at your direction, and copies we are required by law to keep.

You represent and warrant that:

• you own your Inputs, or have every right, licence, and permission needed to submit them and to grant the licence above, without any payment being owed to a third party;
• for every identifiable person shown or named in your Inputs, including you, you have that person's consent, or another lawful basis, for their image, voice, or likeness to be used in the Service, including to generate Outputs; and
• your Inputs do not infringe the intellectual property, privacy, publicity, or other rights of any third party.

Images you upload to or insert into an article are stored in publicly accessible storage so they can be served within your articles; do not add anything to an article that you do not intend to make public. Where the Service offers a private media library, media kept there is not publicly accessible, but it is sent to the AI provider that powers a feature when you use it as a reference for generation.

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.

3.7 Content Review and Removal

We do not review all content before it is generated or published, but we may review Inputs and Outputs to enforce these Terms, to act on a notice, or to comply with the law. We may remove or disable access to content, or restrict a feature, where we reasonably consider the content illegal or in breach of these Terms or the Acceptable Use Policy. When we do, we will tell you which content is affected, the reasons for our decision, and how to contest it, as required by Article 17 of the Digital Services Act, unless the law prevents us from doing so. You can contest a decision by replying to our notice or by writing to abuse@writegarden.com.

If we notify you that content must be removed because it is illegal or infringes another person's rights, you must stop using and distributing it, remove it from where you published it through the Service, and not generate substantially the same content again.

3.8 Requests from People Shown in Content

Sexually explicit or intimate images of a real person that are created or shared without that person's consent, whether photographic or AI-generated, are prohibited. A person shown in such an image, or someone authorised to act for them, can ask us to remove it by writing to abuse@writegarden.com with the URL of the content and a statement that it was created or shared without their consent. We will remove validly reported images, and identical copies we are aware of, within 48 hours of receiving a valid request. Anyone who believes that content made with the Service uses their image or likeness without permission can write to the same address, and we will handle the request as a priority.

3.9 Feedback

If you send us suggestions or feedback about the Service, we may use them to improve the Service without restriction or payment to you. Feedback does not include your Inputs or Outputs, which remain governed by this Section 3.

4. Accounts and User Obligations

4.1 Eligibility and Accounts

You must be at least 18 years old and able to enter into a binding contract to use the Service. You are responsible for activity under your account and must keep your credentials confidential. Tell us promptly at hello@writegarden.com if you suspect unauthorised access to your account.

4.2 Workspaces and Team Members

If you create a workspace for an organization, that organization is responsible for the fees and for its members' use of the Service. Owners and administrators can invite and remove members, set their roles, and access and manage the content and settings in the workspace, so members should expect that content they create in a workspace is visible to its owners and administrators. Credits and other usage allowances belong to the workspace and cannot be moved to another workspace.

4.3 Your Obligations

You agree to:

• Provide accurate and current information when creating your account and business profile
• Review all AI-generated content before publication
• Comply with the Acceptable Use Policy
• Comply with the usage policies of the AI providers that power the features you use, as identified in our Privacy Policy; where a provider's policy is stricter than ours, the stricter rule applies to your use of that feature
• 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)
• Report any security vulnerability you find to hello@writegarden.com, not exploit it, and give us reasonable time to fix it before disclosing it publicly

4.4 Restrictions

You must not:

• Use the Service to identify, verify, or authenticate individuals, to create facial or other biometric templates, or to infer sensitive characteristics of people, such as their health, ethnic origin, religion, or sexual orientation
• Include special categories of personal data, government identification numbers, payment card details, or passwords in prompts or other Inputs, unless a feature is expressly designed to receive them
• Create multiple accounts or workspaces to avoid usage limits, trial conditions, or a suspension
• Use the Service in breach of applicable export controls or sanctions, or if you are subject to sanctions that apply to us
• Circumvent, disable, or interfere with the security features, content filters, or usage limits of the Service

5. AI Transparency Obligations

Article 50 of the EU AI Act (Regulation (EU) 2024/1689) sets transparency obligations for AI-generated content:

• Articles, images, and other Outputs created by the Service are AI-generated. You can review them before publication, unless you choose to publish automatically
• Where the Service applies labels, watermarks, or machine-readable markings (such as metadata) to Outputs to show that they are AI-generated, you must not remove, alter, or obscure them, unless the law allows it
• As the deployer who publishes Outputs, you are responsible for informing people exposed to them that they are AI-generated where Article 50 or other law requires it, for example for images or video that resemble real people, places, or events

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.

By connecting a third-party account or website, you confirm that you are authorized to give us access to it and to publish content to it.

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. Cancelling your subscription does not delete your account or content; to have them deleted, contact privacy@writegarden.com.

7.5 Price Changes

We reserve the right to change our pricing. Price changes will not affect your current billing period. We will notify you by email at least 30 days before a price change takes effect, and the new price applies from your first renewal after that notice period. If you do not wish to pay the new price, you may cancel before that 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.

7.7 Credits

Some features may use credits. Where the Service offers credits:

• The Service shows how many credits an action costs before you confirm it, and credits reserved for an action that fails are returned to your balance
• Credits are a prepaid right to use metered features. They have no cash value and cannot be exchanged for money, resold, or transferred to another workspace, except where the law requires otherwise
• Credits included in a subscription follow Section 7.3 and do not carry over between billing intervals
• Purchased credits remain available while your workspace's account is open. If we end your access for reasons other than your breach, or discontinue the feature they were bought for, we refund your unused purchased credits. If we end your access because you seriously breached these Terms, unused credits are forfeited to the extent the law allows

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. We will reimburse any amount due to you within 14 days of receiving your withdrawal notice, using the payment method you used, unless you agree otherwise. 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 Inputs, including User Media, that you submitted without the rights or consents required by Section 3.5, including the consent of people shown in them.

This indemnity does not apply to the extent that a claim results from our breach of these Terms, our negligence, or our wilful misconduct. We will notify you promptly of any claim covered by this section, allow you to control its defence with counsel of your choice, and cooperate reasonably at your expense. We will not settle a claim in a way that imposes obligations on you without your consent.

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.

When we suspend your access, restrict a feature, or terminate your account, we will tell you the reasons and how to contest the decision, unless the law prevents us from doing so. If we terminate your account because you seriously or repeatedly breached these Terms, you may not open a new account without our permission.

We may also end these Terms for reasons other than a breach by giving you at least 30 days' notice. In that case, we refund the fees you prepaid for the period after termination and any unused purchased credits.

Provisions that by their nature are meant to continue after cancellation or termination, including Sections 3, 11, 12, and 18, continue to apply, as do any rights and obligations that arose before termination.

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, at least 30 days before they take effect, and we may ask you to accept the updated Terms in the Service. Changes required by law, or changes that only concern new features, may take effect sooner. If you do not agree to a change, you may cancel your subscription before it takes effect; if you continue to use the Service after the effective date, the modified Terms apply. Previous versions of these Terms are available on request.

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. Notices

We send notices under these Terms by email to the address associated with your account, or by a notice in the Service, so keep your email address current. You can send notices to us at hello@writegarden.com, or at the addresses these Terms give for specific matters. Notices and agreements made electronically satisfy any requirement that they be in writing, except where the law requires another form.

21. Assignment

You may not transfer your rights or obligations under these Terms without our written consent. We will not transfer our position under these Terms without your consent, except to a successor by operation of law, such as through a merger, which remains bound by these Terms. We use the service providers named in our Privacy Policy and Data Processing Addendum to provide the Service.

22. Entire Agreement and Waiver

These Terms, together with the Acceptable Use Policy and the Data Processing Addendum, are the entire agreement between you and the Provider about the Service. If we do not enforce a provision on one occasion, we do not waive our right to enforce it later. Headings are for convenience only.

23. Contact Information

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