TERMS OF SERVICE

Updated: 5/30/2023

**Acceptance of Terms** These Terms of Service ("Terms") govern the use of the services provided by Highgarden.ai LLC ("Highgarden.ai" or "we") to you ("User" or "you"). By accessing or using our website, software, and related services (collectively referred to as the "Services"), you agree to be bound by these Terms. Highgarden.ai reserves the right to update these Terms at any time without prior notice. The most recent version of the Terms can be reviewed by visiting the "Terms of Service" link located in the footer of our website.

By purchasing our services, you expressly agree to be bound by these Terms. This Agreement includes additional provisions and supplemental terms that apply to the use of our website and application ("Supplemental Terms"). By using our Services, except for the purpose of reading this Agreement for the first time, you agree to comply with all the terms and conditions outlined herein.

The right to use our Services is personal to you and may not be transferred to any other person or entity. You are responsible for all activities carried out under your account, including the use of any screen name or password. You must ensure that all use of your account fully complies with the provisions of this Agreement. It is your responsibility to maintain the confidentiality of your password(s), if applicable.

Highgarden.ai reserves the right to modify or discontinue any aspect or feature of our Services, including content, availability hours, and required equipment for access, at any time.

**Changed Terms**

Highgarden.ai reserves the right to modify or revise the terms and conditions governing your use of our Services, including Highgarden.ai, or any part thereof. This includes the ability to impose new conditions, such as the introduction of fees or charges for usage. Any changes, modifications, additions, or deletions to the terms and conditions will be effective immediately upon notice. We may provide notice through various means, including posting on Highgarden.ai, sending electronic or conventional mail, or by any other means through which you obtain notice. Your continued use of Highgarden.ai after receiving such notice will constitute your acceptance of the modified terms, conditions, or additions.

**Description of Services**

Through our web properties, Highgarden.ai provides you with access to a variety of resources, which may include software subscriptions, download areas, communication forums, and product information (collectively referred to as the "Services"). The Services, including any updates, enhancements, new features, and the addition of new web properties, are subject to these Terms of Service (TOU).

**User Conduct**

Users of Highgarden.ai must engage in lawful and responsible conduct. You agree to refrain from posting or transmitting any material through Highgarden.ai that violates or infringes upon the rights of others, is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable. You further agree not to use Highgarden.ai for any purpose that encourages criminal activity, gives rise to civil liability, violates any law, or contains advertising or solicitation without Highgarden.ai LLC's express prior approval.

Highgarden.ai LLC reserves the right to prohibit any conduct that, in our discretion, restricts or inhibits any other user from using or enjoying Highgarden.ai.

Highgarden.ai contains copyrighted material, trademarks, and other proprietary information, including text, software, photos, videos, graphics, music, and sound. The entire content of Highgarden.ai is copyrighted as a collective work under United States copyright laws. By downloading copyrighted material, you acknowledge that you do not acquire any ownership rights.

You shall not upload, post, or make available on Highgarden.ai any material protected by copyright, trademark, or other proprietary right without the express permission of the owner. It is your responsibility to determine whether material is protected by copyright, and you will be solely liable for any damages resulting from copyright infringement or any other harm arising from such a submission. By submitting material to any public area of Highgarden.ai, you automatically grant Highgarden.ai LLC a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute, and incorporate such material (in whole or in part) worldwide, now or in the future, in any form, media, or technology, for the full term of any copyright that may exist in such material. You also permit other users to access, view, store, or reproduce the material for their personal use. Furthermore, you grant Highgarden.ai LLC the right to edit, copy, publish, and distribute any material made available on Highgarden.ai by you.

The foregoing provisions of this section are for the benefit of Highgarden.ai LLC, its subsidiaries, affiliates, third-party content providers, and licensors. Each of them shall have the right to assert and enforce such provisions directly or on their own behalf.

**Use of Services**

The Services provided by Highgarden.ai may include email services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets, and other message or communication facilities designed to facilitate user communication (each a "Communication Service" and collectively "Communication Services"). By using the Communication Services, you agree to utilize them solely for posting, sending, and receiving proper messages and material related to the particular Communication Service. You further agree not to:

- Use the Communication Services for surveys, contests, pyramid schemes, chain letters, junk email, spamming, or any form of duplicative or unsolicited messages, whether commercial or otherwise.

- Defame, abuse, harass, stalk, threaten, or violate the legal rights (including privacy and publicity rights) of others.

- Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, obscene, indecent, or unlawful topic, name, material, or information.

- Upload or make available files that contain images, photographs, software, or other material protected by intellectual property laws unless you own the rights or have obtained necessary consent.

- Use any material or information, including images or photographs, made available through the Services in a manner that infringes any copyright, trademark, patent, trade secret, or other proprietary rights.

- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage another person's computer or property.

- Advertise or offer to sell or buy any goods or services for any business purpose unless expressly permitted by the Communication Services.

- Download any file posted by another user that you know or reasonably should know cannot be legally reproduced, displayed, performed, and/or distributed.

- Falsify or delete any copyright management information, such as author attributions, legal notices, or proprietary designations contained in uploaded files.

- Restrict or inhibit any other user from using and enjoying the Communication Services.

- Violate any code of conduct or guidelines applicable to a particular Communication Service.

- Harvest or collect information about others, including email addresses.

- Violate any applicable laws or regulations.

- Create a false identity for the purpose of misleading others.

- Use, download, copy, or provide (whether for a fee or not) any directory of users or other user information obtained from the Services.

Highgarden.ai is not obligated to monitor the Communication Services. However, we reserve the right to review materials posted and to remove any materials at our sole discretion. We also reserve the right to terminate your access to any or all of the Communication Services at any time, without notice, and for any reason. We may disclose information as necessary to comply with applicable laws, regulations, legal processes, or governmental requests, or to edit, refuse to post, or remove any information or materials, in whole or in part, at our sole discretion.

Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction, and dissemination. You are responsible for complying with such limitations when downloading materials.

Always exercise caution when sharing any personally identifiable information in any Communication Services. Highgarden.ai does not control or endorse the content, messages, or information found in the Communication Services, and we specifically disclaim any liability related to the Communication Services or any actions resulting from your participation. Managers and hosts of the Communication Services are not authorized spokespersons for Highgarden.ai, and their views do not necessarily reflect those of Highgarden.ai.

**Member Account, Password, and Security**

If any of the Services require you to create an account, you must complete the registration process by providing Highgarden.ai with current, complete, and accurate information as prompted by the applicable registration form. You be prompted to choose a password and a username for your account. It is your responsibility to maintain the confidentiality of your password and account information. You are solely responsible for all activities that occur under your account.

You agree to promptly notify Highgarden.ai of any unauthorized use of your account or any other breach of security. Highgarden.ai will not be liable for any loss or damage that you may incur as a result of someone else using your password or account, with or without your knowledge. However, you may be held liable for losses incurred by Highgarden.ai or another party due to unauthorized use of your account or password.

You are strictly prohibited from using anyone else's account without permission from the account holder.

**Notice Specific to Documents/Content Available on this Website**

Highgarden.ai LLC and/or its respective suppliers make no representations about the suitability of the information contained in the documents and the text content generated through open.ai or ChatGPT. and related graphics published as part of the Services for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Highgarden.ai LLC and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all warranties and conditions of merchantability, whether express, implied, or statutory, fitness for a particular purpose, title, and non-infringement. In no event shall Highgarden.ai LLC and/or its respective suppliers be liable for any special, indirect, or consequential damages or any damages whatsoever resulting from the loss of use, data, or profits, whether in an action of contract, negligence, or other tortious action, arising out of or in connection with the use or performance of information available from the Services.

The documents and related graphics published on the Services could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Highgarden.ai LLC and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.

**Notices Regarding Software, Documents, and Services Available on this Site**

In no event shall Highgarden.ai LLC and/or its respective suppliers be liable for any special, indirect, or consequential damages or any damages whatsoever resulting from the loss of use, data, or profits, whether in an action of contract, negligence, or other tortious action, arising out of or in connection with the use or performance of software, documents, provision of or failure to provide services, or information available from the Services.

**Disclaimer of Warranty**

User expressly agrees that the use of Highgarden.ai is at their sole risk. Highgarden.ai LLC, its affiliates, employees, agents, third-party content providers, or licensors do not warrant that Highgarden.ai will be uninterrupted or error-free, nor do they make any warranty regarding the results that may be obtained from the use of Highgarden.ai or the accuracy, reliability, or content of any information, service, or merchandise provided through Highgarden.ai.

Highgarden.ai is provided on an "as is" basis without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose, except for those warranties which are implied by and incapable of exclusion, restriction, or modification under the applicable laws.

**Limitation of Liability**

In no event shall Highgarden.ai LLC, its affiliates, or any of their respective employees, agents, third-party content providers, or licensors be liable for any special, indirect, consequential, or punitive damages, or any damages whatsoever resulting from loss of use, data, or profits, whether in an action of contract, negligence, or other tortious action, arising out of or in connection with the use or performance of information available from Highgarden.ai.

Highgarden.ai LLC and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published as part of the Services for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Highgarden.ai LLC and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all warranties and conditions of merchantability, whether express, implied, or statutory, fitness for a particular purpose, title, and non-infringement.

In addition to the terms set forth above, Highgarden.ai LLC, its affiliates, information providers, or content partners shall not be liable, regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in the information contained within Highgarden.ai, or for any delay or interruption in the transmission thereof to the User, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including but not limited to lost profits or consequential damages.

**Force Majeure**

Neither party shall be responsible for any failure or delay in performance due to circumstances beyond their reasonable control, including, but not limited to, acts of God, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failures, or failures of third-party service providers (including providers of internet services and telecommunications). The party affected by any such event shall notify the other party within a maximum of fifteen (15) days from its occurrence. The performance of this Agreement shall be suspended for as long as any such event prevents the affected party from performing its obligations under this Agreement.

Thank you for providing the additional text. Based on the information you provided, I have revised the text for the "Content Provided by Third Parties" section of your Terms of Service. Please find the revised text below:

**Content Provided by Third Parties**

Highgarden.ai LLC serves as a distributor, not a publisher, of content supplied by third parties (open.ai and other artificial intelligence language models such as ChatGPT and Users. Therefore, Highgarden.ai LLC exercises no more editorial control over such content than a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers such as open.ai and ChatGPT, Users, or any other user of highgarden.ai, are solely those of the respective author(s) or distributor(s) and not of Highgarden.ai LLC. Highgarden.ai LLC and any third-party provider of information do not guarantee the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.

In many instances, the content available through Highgarden.ai represents the opinions and judgments of the respective information provider, User, or other user who is not under contract with Highgarden.ai LLC. Highgarden.ai LLC does not endorse and is not responsible for the accuracy or reliability of any opinion, advice, or statement made on Highgarden.ai by anyone other than authorized Highgarden.ai LLC employee spokespersons acting in their official capacities. Highgarden.ai LLC will not be liable for any loss or damage caused by a User's reliance on information obtained through Highgarden.ai. It is the responsibility of the User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through Highgarden.ai LLC. Users are advised to seek the advice of professionals, as appropriate, regarding the evaluation of specific information, opinions, advice, or other content.

INDEMNIFICATION
User agrees to defend, indemnify and hold harmless Highgarden.ai LLC, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of Highgarden.ai LLC by User or User’s Account.

TERMINATION
Either Highgarden.ai LLC or User may terminate this Agreement at any time. Without limiting the foregoing, Highgarden.ai LLC shall have the right to immediately terminate User’s Account in the event of any conduct by User which Highgarden.ai LLC, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.

REFUND, TRIALS AND MONEY BACK GUARANTEE
Highgarden.ai LLC offers a 10 day month back guarantee on its purchases whether one time or subscription. The User has a full 10 days to satisfy themselves on the suitability of the service they have purchased. Within the initial 10 days the user can request a full refund at any time via our support service available at support@highgarden.com.
Refunds will be provided within 2 working days.

After the 10 days, the User is considered satisfied with their purchase and the money back offer is no longer available. Any subsequent renewals of service shall be made in full.

**Miscellaneous**

This Agreement, along with any operating rules for Highgarden.ai established by Highgarden.ai LLC, constitutes the entire agreement between the parties regarding the subject matter herein and supersedes all previous written or oral agreements between the parties regarding such subject matter. This Agreement shall be interpreted and governed by the laws of the UK, without regard to its conflict of laws principles. Any waiver by either party of any breach or default under this Agreement shall not be deemed as a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not have any legal significance.

**Copyright Notice**

**Trademarks**

The names of actual companies and products mentioned on Highgarden.ai may be trademarks of their respective owners. The example companies, organizations, products, domain names, email addresses, logos, people, and events depicted on Highgarden.ai are fictitious. No association with any real company, organization, product, domain name, email address, logo, person, or event is intended or should be inferred. All rights not expressly granted herein are reserved.