TERMS AND CONDITIONS

1. Identity of the company

Name: Commensalist BV
Trade name: MaiGarden
Address: Avenue Louise 209/7
Company number (KBO): BE0477882376
E-mail: info@maigarden.be
Website: www.maigarden.be / www.commensalist.com

2. Applicability

These general terms and conditions apply to all agreements and purchases made through our websites, relating to our digital garden advice services, including but not limited to: Garden Advice Report (€5), Garden Data + Advice Report (€20), Custom Plant List (€99). By placing an order, the customer agrees to these terms and gives permission for the processing of personal and garden-related data as described below.

3. Nature of the service

Our products are digital advisory services based on artificial intelligence (AI), combined with human control and expertise.

3.1 Basis of the reports

The reports are automatically generated based on: The questionnaire and location data filled in by the user, Public data sources (PFAS, soil type, flood maps, cadastral data, etc.), and AI models that were developed and trained by Commensalist BV.

3.2 Limitations

Although we take the utmost care in the quality of our advice, small inaccuracies or interpretation errors may occur due to the nature of AI technology. The user accepts that these services are informative and advisory, but do not replace personal site investigation or a complete landscape architectural study.

4. Prices and payment

4.1 Pricing

All prices are stated in euros and include VAT. Payment is made in advance via the offered payment methods (iDEAL, Bancontact, credit card, etc.).

4.2 Processing

Orders are only processed after successful payment. We reserve the right to adjust prices at any time. The price that applies at the time of order is the price the customer pays.

5. Delivery and delivery time

5.1 Method of delivery

All reports are delivered digitally via email in PDF format.

5.2 Delivery times

Garden Advice Report: within 24 hours. Garden Data + Advice Report: within 48 hours. Custom Plant List: within 3 working days. If delays occur (e.g. technical failure or incomplete data), the customer will be notified by email.

6. Right of withdrawal and money-back guarantee

6.1 Legal right of withdrawal

According to article VI.53, 13° of the Belgian Code of Economic Law, the consumer has no right of withdrawal for digital content that is delivered immediately and whose execution has begun with the express consent of the customer.

6.2 Voluntary guarantee

However, to guarantee maximum customer satisfaction, MaiGarden voluntarily offers the following guarantee: 14-day not-satisfied-money-back guarantee, no questions asked.

6.2.1 Refund conditions

The customer can request a refund within 14 days of delivery via email (info@maigarden.be), with a brief explanation of why the report did not meet expectations. Refunds are made within 14 days via the same payment method.

7. Responsibility and liability

Although the reports are prepared with the utmost care, Commensalist BV is not liable for:

7.1 Excluded liability

Incorrect or incomplete input by the customer, unexpected variations in terrain, soil, or climate, decisions or investments made based on the report, or any damage (direct or indirect) resulting from the use of the advice.

7.2 Own responsibility

The customer remains responsible for checking local conditions, regulations and safety regulations. Use at your own risk. Our advice is intended as support, not as a replacement for professional site investigation.

8. Intellectual property

All content (reports, texts, layouts, AI models, brand names, logos, etc.) remain the property of MaiGarden / Commensalist BV.

8.1 Usage restrictions

It is not permitted to reproduce, resell or use our reports in whole or in part for commercial purposes without written permission. If this does happen, we will charge a professional rate.

9. Protection of personal data and data use

9.1 Data processing

We respect GDPR legislation (AVG) and only process data that is necessary for performing our services.

9.1.1 Purpose of processing

The data you fill in (such as address, email, garden description, photos and coordinates) is used for: Generating your personal garden report, improving our AI models and algorithms, customer service and quality improvement, and communication of your order and updates.

9.1.2 AI training consent

By agreeing to these terms, you give permission for your (anonymized) data to be used for AI training, quality improvement and product development. We only use this data internally.

9.2 Email communication

By placing an order, you give us permission to contact you via email for: The delivery of your report and follow-up, updates, tips, and relevant newsletters about garden advice and product improvements. You can unsubscribe at any time via the link at the bottom of each email.

9.3 Security

We take all reasonable technical and organizational measures to protect your data from loss, misuse or unauthorized access. More information can be found in our Privacy Policy at www.maigarden.be/privacy-policy.

10. Force majeure

Commensalist BV is not liable for delay or non-compliance with obligations in case of force majeure, including technical failures, internet problems, natural disasters or other circumstances beyond our control.

11. Complaints procedure

We strive for 100% satisfied customers. Complaints can always be sent to info@maigarden.be. We respond to every complaint within 5 working days.

12. Applicable law and competent court

Belgian law applies to this agreement. In the event of disputes, only the courts of Bruges have jurisdiction.

13. Contact

For questions or comments: 📧 info@maigarden.be | 🌍 www.maigarden.be

PRIVACY POLICY – MAIGARDEN / COMMENSALIST BV

Version 1.1 – Last update: October 10, 2025

1. Who we are

MaiGarden is an initiative of Commensalist BV, a Belgian landscape architecture firm that offers personalized garden advice using artificial intelligence.

1.1 Company details

Name: Commensalist BV. Trade name: MaiGarden. Address: Avenue Louise 209/7. Company number (KBO): BE0477882376. E-mail: info@maigarden.be. Website: www.maigarden.be / www.commensalist.com. We respect your privacy and treat your data with the greatest care.

2. What data we collect

When you order a report or use our services, we only collect the information necessary to do our job properly.

2.1 Contact details

Name, email address, payment information.

2.2 Garden information

Location (address or coordinates), description of your garden, photos, orientation, and answers to questionnaires.

2.3 Technical data

IP address and browser information (for security and performance analysis). We only ask what is relevant to advise you correctly.

3. Why we use your data

We use your data for the following purposes:

3.1 Service delivery - To generate and deliver your garden report.

3.2 AI improvement - To make our AI smarter – we train our models with anonymized data, so that future advice becomes even better.

3.3 Quality control - To improve our services and detect errors or ambiguities.

3.4 Communication - To contact you with updates, tips or relevant information about your report or new products.

3.5 Legal obligations - To comply with legal obligations (e.g. accounting).

Your data is never sold or passed on to third parties outside the strictly necessary technical partners (payment processor, hosting provider, AI models, email platform).

4. AI training and data use

By using our services, you give permission for your data to be used to train our AI models.

4.1 Purpose of AI training

The purpose of this is solely to: Improve the quality of our advice and help the AI better understand what real gardens need. We do not use your data commercially.

5. Email communication

When you order a report, you give us permission to email you for delivery of your report, for any questions or follow-up, and for updates and tips about garden advice or product improvements. You can unsubscribe at any time via the link at the bottom of each email.

6. Retention period

We keep your data for as long as necessary to deliver and improve our services, with a maximum of 3 years after your last interaction, unless legal obligations require a longer retention period (e.g. invoicing data: 7 years). After this period, your data is automatically deleted or fully anonymized.

7. Security of your data

We take the protection of your data seriously. That's why we use SSL encryption for all data transfers, secure servers, and limited access rights (only necessary employees). Should something go wrong, you will be immediately informed according to GDPR guidelines.

8. Your rights

According to the AVG (GDPR) you have the right to: View your data, have your data corrected or deleted, receive a copy of your data, withdraw your consent, and file a complaint with the Data Protection Authority (GBA). You can exercise these rights by sending an email to info@maigarden.be with the subject "Privacy Request".

9. Cookies

Our website uses functional and analytical cookies to work properly and to understand how visitors use our site. We also use tracking cookies and third-party advertising cookies.

10. Changes to this policy

We may update this privacy policy from time to time to comply with new legislation or improved practices. The most recent version can always be found at www.maigarden.be/privacy-policy.

11. Contact

For questions about this privacy policy: 📧 info@maigarden.be | 🌍 www.maigarden.be