bedwork-terms

TERMS OF USE

Bedwork

Effective Date: August 1, 2026

These Terms of Use (these “Terms”) are a binding agreement between you and SFG Planner, LLC, a Texas limited liability company (the “Company,” “we,” “us,” or “our”), governing your access to and use of the Bedwork mobile application (the “App”) and the related closed beta-testing program (collectively, the “Beta”).

By checking the box presented during onboarding and selecting “Continue,” “Submit,” “I Agree,” or a similar option, you agree to these Terms and acknowledge that you have reviewed the Privacy Policy available at https://www.howdogardener.com/bedwork-privacy.

If you do not agree to these Terms, do not access or use the Beta.

1. Eligibility and Beta Participation

The Beta is available only to invited users who:

  • are at least 18 years old;

  • are located in the United States;

  • are legally capable of entering into a binding agreement; and

  • satisfy Company’s applicable screening and participation requirements.

Submitting an application or receiving an invitation does not guarantee access. The Company may select, limit, prioritize, suspend, or remove testers based on testing needs, device coverage, geographic representation, participation, technical considerations, or other legitimate Beta-program factors.

You represent that all information you provide in connection with the Beta is accurate and complete.

2. Beta Status

The App is a prerelease product provided for testing and evaluation. It may contain defects, errors, incomplete features, or other problems and may:

  • operate inconsistently or become unavailable;

  • produce inaccurate or incomplete information;

  • lose or corrupt locally stored content;

  • change without notice; or

  • be suspended or discontinued at any time.

Features available during the Beta may be modified, removed, or excluded from any future commercial release. The Company does not promise that the App or any particular feature will be commercially released or remain available.

You should not rely on the App for any critical, emergency, safety-sensitive, professional, or time-sensitive purpose.

3. Limited License

Subject to your compliance with these Terms, the Company grants you a limited, personal, revocable, nonexclusive, nontransferable, and non-sublicensable license to install and use the App on a compatible device that you own or control solely for personal, noncommercial participation in the Beta.

The App is licensed, not sold. The Company and its licensors retain all right, title, and interest in and to the App except for the limited license expressly granted under these Terms.

4. Your Content and Local Storage

The App may allow you to create, enter, select, or store garden plans, journal entries, notes, photographs, voice notes, addresses, location-related information, and other materials (“User Content”).

As between you and Company, you retain ownership of User Content that you lawfully own.

You represent that you have all rights necessary to use and submit your User Content and that it does not violate applicable law or the rights of another person.

During the Beta, most User Content is stored locally on your device. The Company does not currently provide user accounts, cloud synchronization, or a Company-operated backup service for this content.

You are responsible for maintaining any copies or backups you wish to preserve. Removing the App, clearing its data, losing or replacing your device, installing an update, or experiencing a technical failure may result in permanent loss of User Content.

Company is not responsible for the loss, deletion, corruption, or failure to store User Content.

You authorize the Company and its service providers to access, transmit, reproduce, process, and use User Content as reasonably necessary to provide features you request, provide technical support, diagnose errors, protect the Beta, and otherwise operate the App as described in the Privacy Policy.

Do not use the App to store or transmit Social Security numbers, financial account credentials, health records, government identification numbers, passwords, confidential business records, private documents, or other highly sensitive information.

5. Artificial Intelligence and Pest Identification

The App may use a third-party artificial intelligence service to analyze a photograph selected by you and generate information concerning a plant, pest, disease, or garden condition.

Artificial intelligence output is generated automatically and may be inaccurate, incomplete, outdated, misleading, or inappropriate for your circumstances.

Do not rely exclusively on the App or any AI-generated output to:

  • determine whether a plant, mushroom, fruit, herb, or other substance is safe for human or animal consumption;

  • identify toxic or dangerous plants, pests, fungi, or chemicals;

  • diagnose a condition affecting human or animal health;

  • select, mix, apply, or dispose of pesticides, herbicides, fertilizers, or other chemicals;

  • respond to an emergency; or

  • satisfy any legal, professional, licensing, or regulatory obligation.

You are responsible for independently evaluating the output and consulting an appropriate professional, extension service, poison-control resource, veterinarian, licensed applicator, or governmental authority when warranted.

6. Gardening, Weather, Location, and Imagery Information

The App may provide information concerning gardens, plants, pests, sunlight, shade, weather, aerial imagery, geographic coordinates, or growing conditions.

This information is provided solely for general informational and planning purposes. Conditions may vary based on climate, soil, weather, drainage, irrigation, topography, plant variety, pests, local law, and other factors outside the Company’s control.

The Company does not guarantee:

  • plant survival, growth, yield, or suitability;

  • the accuracy or timeliness of weather information;

  • the accuracy or currency of aerial imagery;

  • the accuracy of geocoding, location, or boundary information;

  • the identification of any plant, pest, disease, or condition;

  • the safety or effectiveness of any treatment or recommendation; or

  • compliance with pesticide labels, water restrictions, invasive-species requirements, property restrictions, or other applicable law.

You remain responsible for evaluating your circumstances and complying with applicable instructions and law.

7. Feedback, Surveys, and Testimonials

The Company may ask you to complete surveys, test features, report errors, or provide comments, ideas, suggestions, or other feedback concerning the Beta (“Feedback”).

You grant the Company a perpetual, irrevocable, worldwide, transferable, sublicensable, royalty-free license to use, reproduce, modify, disclose, distribute, commercialize, and otherwise exploit Feedback for any lawful purpose without restriction, attribution, or compensation.

The Company may use and disclose aggregated or deidentified testing results, survey findings, usage trends, and satisfaction measures.

The Company will not publicly use your name, likeness, photograph, personal story, or statement as an attributed testimonial without a separate written release or other legally sufficient authorization.

Participation in surveys and feedback activities is generally voluntary. However, the Company may remove testers who do not meaningfully participate in the Beta.

8. Acceptable Use

You may not:

  • use the App for an unlawful, fraudulent, deceptive, harmful, or commercial purpose;

  • copy, distribute, sell, lease, sublicense, publicly display, or commercially exploit the App;

  • reverse engineer, decompile, disassemble, decode, or attempt to derive the source code, algorithms, architecture, or nonpublic components of the App, except to the limited extent such restriction is prohibited by law;

  • modify, adapt, translate, or create derivative works of the App;

  • bypass or interfere with security, access-control, usage-limitation, or technical features;

  • access the App through an unauthorized automated system, bot, scraper, crawler, or extraction tool;

  • introduce malware, malicious code, corrupted information, or harmful material;

  • interfere with the operation of the App or impose an unreasonable burden on Company’s systems or providers;

  • use the App or User Content to violate another person’s intellectual-property, privacy, publicity, contractual, or other rights;

  • use the App to develop, train, test, benchmark, or improve a competing product or service without Company’s written permission;

  • falsely state or imply sponsorship, certification, affiliation, or endorsement;

  • remove or alter proprietary notices;

  • share private installation links, invitations, access credentials, or other restricted Beta materials with an unauthorized person; or

  • assist another person in engaging in prohibited conduct.

9. Third-Party Services

The App may rely on or display information from third-party providers, including providers of app distribution, geocoding, weather data, government imagery, artificial intelligence, analytics, and crash reporting.

The Company does not control and is not responsible for the availability, accuracy, security, content, terms, or privacy practices of third-party services.

Your use of a third-party platform or service may be subject to separate terms and policies imposed by that provider.

10. Intellectual Property

The App, including its software, code, design, organization, interfaces, graphics, text, features, workflows, branding, trademarks, service marks, and other materials, is owned by the Company or its licensors and is protected by intellectual-property and other laws.

No right or license is granted by implication, estoppel, or otherwise.

Third-party names, logos, marks, services, data, imagery, and content remain the property of their respective owners. Their presence in or technical integration with the App does not imply sponsorship, affiliation, or endorsement.

11. Privacy and Electronic Records

The Company’s collection, use, disclosure, and retention of information through the App and in connection with Beta recruitment, screening, enrollment, communications, surveys, and platform provisioning are described in the Privacy Policy available at https://www.howdogardener.com/bedwork-privacy.

You acknowledge that you have reviewed the Privacy Policy.

The Company may maintain electronic records showing your acceptance of these Terms, acknowledgment of the Privacy Policy, and acceptance of any other Beta requirements. You agree that your electronic acceptance and the Company’s electronic records may be used to evidence your agreement.

12. Beta Communications

The Company may contact you concerning selection, onboarding, access, installation, testing instructions, surveys, updates, support, changes to the Beta, and other matters reasonably related to your participation.

Certain communications are necessary to administer the Beta. If you unsubscribe from communications necessary to operate the Beta, Company may be unable to continue your participation.

13. Updates and Changes

The Company may provide updates, bug fixes, patches, modifications, or new versions of the App.

An update may change or remove features, affect compatibility, require additional permissions, alter how information is processed, or cause previously stored content or functionality to become unavailable.

You may be required to install an update to continue using the App.

The Company may update these Terms from time to time. The updated Terms will be posted at the same permanent URL with a revised Effective Date. If a material change requires renewed acceptance, Company may require you to accept the updated Terms before continuing to use the Beta.

14. Suspension and Termination

You may stop participating in the Beta at any time by ceasing use of and deleting the App and requesting removal from applicable testing lists.

Company may suspend or terminate your access at any time if:

  • you violate these Terms;

  • your use creates legal, security, technical, or reputational risk;

  • you fail to participate meaningfully in the Beta;

  • a third-party platform or provider requires suspension;

  • Company modifies or discontinues the Beta; or

  • Company otherwise determines that suspension or termination is appropriate.

Upon termination, your license to use the App ends immediately, and you must stop using and delete the App.

Provisions that by their nature should survive termination will survive, including provisions concerning intellectual property, Feedback, disclaimers, limitations of liability, indemnification, and governing law.

15. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE BETA, APP, CONTENT, OUTPUT, INFORMATION, FEATURES, AND THIRD-PARTY SERVICES ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.”

THE COMPANY DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AVAILABILITY, SECURITY, AND QUIET ENJOYMENT.

The Company does not warrant that the App will meet your requirements, operate without interruption or error, preserve User Content, produce accurate results, remain available, or be commercially released.

Some jurisdictions do not permit certain warranty exclusions. In those jurisdictions, the exclusions apply only to the maximum extent permitted by law.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS OWNERS, AFFILIATES, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, OPPORTUNITY, GOODWILL, USE, OR DATA, ARISING OUT OF OR RELATING TO THE BETA, APP, OR THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE COMPANY AND THE OTHER PARTIES IDENTIFIED ABOVE FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE BETA, APP, OR THESE TERMS WILL NOT EXCEED ONE HUNDRED DOLLARS ($100).

These limitations apply, without limitation, to claims arising from loss or corruption of User Content, inaccurate AI or gardening information, reliance on weather, imagery, or location information, interruption or discontinuation of the App, and acts or omissions of third parties.

Some jurisdictions do not permit certain limitations of liability. In those jurisdictions, the limitations apply only to the maximum extent permitted by law.

17. Indemnification

To the maximum extent permitted by law, you agree to indemnify, defend, and hold harmless the Company and its owners, affiliates, managers, officers, employees, contractors, licensors, and service providers from claims, damages, losses, liabilities, judgments, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to:

  • your misuse of the App;

  • your violation of these Terms;

  • your User Content;

  • your violation of applicable law; or

  • your infringement or violation of another person’s rights.

The Company may control the defense of any matter subject to indemnification, and you agree to cooperate with the defense.

18. Governing Law and Venue

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-laws principles.

Subject to applicable consumer-protection law, any action arising out of or relating to these Terms, the Beta, or the App must be brought exclusively in the state or federal courts located in Travis County, Texas, and you consent to the personal jurisdiction and venue of those courts.

19. App Stores and Platform Providers

The App may be distributed through Apple TestFlight, Google Play closed testing, Google Groups, or another authorized platform.

Your use of the applicable platform is also subject to that platform provider’s terms.

The Company, not Apple, Google, or another platform provider, is responsible for the App, except to the extent otherwise provided by applicable platform terms or law.

Apple, Google, and other platform providers are not parties to these Terms and are not responsible for providing maintenance or support for the App.

20. Miscellaneous

These Terms and the Privacy Policy constitute the entire agreement between you and the Company concerning the Beta and App, except for any separate written confidentiality agreement, release, or other agreement between you and Company.

If any provision is held invalid or unenforceable, it will be enforced to the maximum extent permitted, and the remaining provisions will remain effective.

The Company’s failure to enforce a provision is not a waiver.

You may not assign or transfer these Terms without the Company’s prior written consent. The Company may assign these Terms in connection with a reorganization, financing, merger, acquisition, asset transfer, or operation of law.

These Terms do not create an employment, partnership, joint-venture, fiduciary, agency, or franchise relationship.

21. Contact Us

Questions concerning these Terms may be directed to:

SFG Planner, LLC

Email: privacy@sfgplanner.garden

Website: https://www.howdogardener.com

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