Trellis Terms of Service

Last updated: September 26, 2026

Welcome to the Trellis Terms of Service (the “Terms”). Please read these Terms carefully because they govern your access to and use of the Trellis website, application, artificial intelligence-enabled gardening assistant, plant and garden management tools, project-planning features, reminders, recommendations, and related services (collectively, the “Services”). These Terms constitute a legally binding agreement between you and Molbak’s LLC, doing business as Molbak’s Garden + Home (“Molbak’s,” “we,” “our,” or “us”), the operator of Trellis. References to “you” and “your” mean the individual accessing or using the Services.

These Terms apply solely to Trellis. They do not govern purchases from Molbak’s retail stores or separate online store, or purchases from other retailers, which are subject to the terms applicable to those transactions. By creating an account or accessing or using the Services, you agree to be bound by these Terms. Our collection and use of personal information are described in the Trellis Privacy Policy, available at talktotrellis.com/privacy. If you do not agree to these Terms, you may not access or use the Services.

1. Changes to Terms or Services

We may update these Terms from time to time. If we make material changes, we will provide at least 30 days’ advance notice by email or through the Services and identify when the revised Terms will take effect. Other changes will take effect on the date stated in the updated Terms. Changes will apply prospectively. Your continued use of the Services after revised Terms take effect constitutes your acceptance of those Terms. If you do not agree to the changes, you must stop using the Services and may cancel your subscription and close your account.

Because the Services continue to evolve, we may add, modify, suspend, or discontinue features or functionality. If we discontinue the Services entirely, we will provide reasonable advance notice and refund any prepaid subscription fees attributable to the unused portion of your subscription. Changes to subscription pricing are governed by the subscription and payment provisions of these Terms.

Certain features may be offered in beta, preview, early-access, or experimental form (“Beta Features”). Beta Features may contain errors, interruptions, or incomplete functionality and may change or be discontinued. Beta Features are provided on an “AS IS” and “AS AVAILABLE” basis, subject to applicable law and any additional terms disclosed when you enroll.

2. Scope of Services

Trellis is an AI-enabled gardening assistant designed to help individuals care for plants and plan and manage personal gardens and other growing spaces. The Services may include photo-based plant identification, observations about plant health, suggested care routines, plant and space records, seasonal recommendations, calendars, reminders, gardening emails, and information about garden centers and other retailers.

The Services may also help you plan gardening projects by suggesting plants, supplies, tools, tasks, logistics, schedules, and estimated costs. Recommendations may take into account the photographs, location, preferences, garden conditions, and other information you provide or permit the Services to access. Available features may vary by subscription plan or stage of development.

The Services are intended for personal, noncommercial use. They are not designed for professional landscaping, commercial growing, nursery operations, or other commercial or professional activities.

Trellis uses artificial intelligence to generate gardening responses and recommendations. These outputs may be inaccurate, incomplete, outdated, or unsuitable for your circumstances, even when expressed confidently. Plant identifications, assessments of plant health, care recommendations, project quantities, schedules, prices, and retailer information should be independently verified before you rely on them. Prices and project costs are estimates, not quotes or offers to sell.

The Services provide general gardening information and do not replace your independent judgment or advice from a qualified professional. They do not constitute professional horticultural, arboricultural, pesticide-application, medical, veterinary, legal, or other professional advice. Do not rely on Trellis to determine whether a plant or mushroom is edible, whether a plant is safe for people or animals, or whether an activity is safe or lawful. Additional safety requirements and limitations are described below.

You are responsible for reviewing recommendations and deciding whether they are appropriate for your plants, property, local conditions, and intended activities. We do not guarantee accurate identification, plant health or survival, successful harvests, project results, product availability, or any particular gardening outcome. Trellis may identify retailers or provide links to third-party websites. Purchases made through a separate retail website or directly from a retailer are governed by that seller’s terms. Trellis does not itself process those purchases.

3. Early Access and Beta Features

From time to time, we may make available pre-release, beta, pilot, evaluation, early-access, or experimental features, functionality, or content (collectively, “Beta Features”). Participation may be subject to eligibility requirements, invitation codes, usage limits, or additional terms disclosed before you enroll. Beta Features may be incomplete, contain errors, experience interruptions, produce inaccurate results, or change materially during testing. We may modify, suspend, or discontinue Beta Features or your participation in a beta program.

If you pay specifically for a Beta Feature that we discontinue, we will refund any prepaid fees attributable to the unused portion of that feature. Beta Features are provided on an “AS IS” and “AS AVAILABLE” basis, subject to applicable law. They may not offer the same functionality, support, availability, or reliability as generally available Services. You should maintain separate copies of photographs, plant records, project plans, and other information you wish to preserve.

We make no commitment regarding the future availability, functionality, pricing, or commercial release of Beta Features. Product descriptions, development plans, roadmaps, anticipated releases, and similar statements describe our current plans and do not constitute a promise to deliver particular features or meet a particular release date. Any collection, review, or use of your photographs, conversations, garden records, or other information during beta testing remains subject to the Privacy Policy and the user-content provisions of these Terms.

4. Accounts and Access

You must be at least eighteen (18) years old and reside in the United States to create an account or use the Services. The Services are intended for your personal, noncommercial use. To access certain features, you must register for and maintain an active account (“Account”). You agree to provide accurate, current, and complete registration and billing information and to keep that information updated. Unless we expressly permit otherwise, you may maintain only one Account and may not sell, transfer, or share access to your Account.

You are responsible for safeguarding your login credentials and verification codes and for activity you authorize through your Account. You must promptly notify us at support@molbaks.com if you believe your Account has been accessed or used without authorization. You are responsible for obtaining the internet access and compatible device needed to use the Services. We may establish reasonable usage limits, including limits on AI interactions, photo uploads, or other features. Any limits applicable to a paid plan will be disclosed with that plan.

5. Fees and Payment

Subscription Plans. Certain Services require a paid subscription. Available plans, subscription fees, billing frequency, and any trial terms will be disclosed before you subscribe. Unless otherwise stated, fees are in U.S. dollars and exclude applicable taxes. You agree to pay the fees and applicable taxes associated with the plan you select.

Free Trial. Unless a different offer is expressly disclosed at signup, new subscriptions include a fourteen (14)-day free trial and require a valid payment method. You will not be charged a subscription fee during the trial. Unless you cancel before the trial ends, your selected paid subscription will begin immediately afterward, and we will charge the subscription fee disclosed at signup. We will send an email reminder before your trial converts to a paid subscription.

Automatic Renewal. Your subscription automatically renews for successive monthly or annual periods, depending on the plan you select, unless you cancel before the next renewal date. By subscribing and authorizing recurring payments at signup, you authorize us and our payment processor to charge your designated payment method for the initial paid subscription period and each renewal period, together with applicable taxes. We will send an email reminder before an annual subscription renews.

Cancellation. You may cancel your subscription through your Account settings without calling us. If you cancel during the free trial, you will not be charged a subscription fee. If you cancel after a paid subscription period begins, cancellation stops the next renewal, and you may continue using the paid Services through the end of the current subscription period. Deleting the application from your device does not cancel your subscription. If you have difficulty canceling, contact support@molbaks.com.

Refunds. Subscription fees are non-refundable, and we do not provide partial-period refunds, except as required by applicable law or expressly provided in these Terms.

Price Changes. We may change subscription pricing upon at least thirty (30) days’ advance notice by email. A price change will take effect no earlier than your next renewal after the notice period and will not change the price of a subscription period you have already paid for. You may cancel before the change takes effect.

Payment Processing. Payments are processed through Stripe or another payment processor identified at checkout. You must maintain accurate billing information and a valid payment method that you are authorized to use. If a payment fails, we will notify you and provide a reasonable opportunity to update your payment information before suspending or terminating access to paid Services.

6. Intellectual Property and Ownership

The Services, including the underlying software, interfaces, designs, branding, trademarks, documentation, and content we provide, other than Your Content described below (collectively, “Our Content”), are owned by or licensed to Molbak’s and are protected by intellectual property laws. Subject to your compliance with these Terms and payment of any applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Services and Our Content for your personal, noncommercial gardening purposes during your authorized use of the Services. You may save or print recommendations, care plans, and project information made available to you for those purposes.

Except as permitted by these Terms or applicable law, you may not reproduce, distribute, sell, sublicense, modify, create derivative works from, reverse engineer, decompile, disassemble, or otherwise commercially exploit the Services or Our Content. You may not remove proprietary notices or use our names, logos, or trademarks without our prior written permission.

You retain any ownership rights you have in the photographs, notes, garden records, messages, and other materials you submit to the Services (“Your Content”). Our rights to use Your Content are addressed in the user-content provisions of these Terms. Nothing in this section transfers ownership of Your Content to us. AI-generated responses may not be unique, and other users may receive similar responses. We do not guarantee that AI-generated material qualifies for intellectual property protection or that you will have exclusive rights in it. Except for the limited rights expressly granted in these Terms, we and our licensors retain all rights in the Services and Our Content.

7. Third-Party Services and Retailers

The Services may use or rely on third-party hosting providers, artificial intelligence providers, payment processors, weather and location data sources, and other technologies or services (“Third-Party Services”). The Services may also include links to independent websites, garden centers, retailers, and other businesses. Third-Party Services are operated by their respective providers. Their availability, functionality, and information may change, and those changes may affect the Services.

We do not guarantee the accuracy, availability, compatibility, or continued accessibility of Third-Party Services. To the extent permitted by applicable law, we are not responsible for failures or interruptions caused by providers outside our reasonable control. This does not limit our obligations concerning personal information under the Privacy Policy or applicable law.

If you visit a third-party website or purchase from a retailer, your interaction or purchase is subject to that provider’s terms and privacy practices. We do not control independent retailers or their products, inventory, pricing, delivery, returns, or customer service. Purchases from Molbak’s separate retail business are governed by the terms applicable to those purchases. Retailer information and recommendations may be incomplete or outdated. You should confirm a retailer’s location, hours, product availability, and prices directly before visiting or purchasing. A listing or recommendation does not guarantee the quality or suitability of a retailer or its products.

The Services may allow you to select favorite stores. If you join through a participating store’s referral link or code, that store may be added to your favorites automatically, and you may change or remove it through the Services. Any paid placement, sponsorship, referral compensation, or other material commercial relationship associated with a recommendation will be disclosed with that recommendation.

8. Your Content

Certain features allow you to submit photographs, messages, prompts, plant records, garden descriptions, project information, notes, and other materials (“Your Content”). As between you and Molbak’s, you retain any ownership rights you have in Your Content. You grant us a non-exclusive, worldwide, royalty-free license to host, store, reproduce, process, transmit, and display Your Content as reasonably necessary to provide, maintain, secure, and support the Services. This includes processing photographs and messages, generating personalized responses and care plans, maintaining your plant and garden records, and delivering communications you request or enable. We may permit service providers acting on our behalf to process Your Content for these purposes, subject to appropriate restrictions.

Any use of Your Content for product improvement, human review, or AI-model training must be consistent with the Privacy Policy, applicable disclosures, and any consent required by law. This license does not independently authorize unrelated advertising uses or unrestricted use of Your Content by third-party AI providers. The license ends when you delete the applicable content or close your Account, except to the extent reasonably necessary to complete deletion, maintain limited backup copies, comply with legal obligations, resolve disputes, or enforce these Terms, as described in the Privacy Policy. Retained copies remain subject to those restrictions.

You represent and warrant that you have the rights and permissions necessary to submit Your Content and allow us to use it as described in these Terms. Your Content must not violate applicable law or another person’s intellectual property, privacy, or other rights. Please limit uploads to information relevant to your use of Trellis. Do not upload photographs containing identifiable people, particularly children, or submit sensitive personal information that is unnecessary for the Services. You are responsible for keeping separate copies of any content you wish to preserve.

9. AI-Generated Responses and Recommendations

The Services use artificial intelligence and other automated technologies to generate plant identifications, observations about plant health, care suggestions, project plans, estimated costs, retailer recommendations, and other responses (“Outputs”). Outputs may be inaccurate, incomplete, outdated, inconsistent, or unsuitable for your circumstances. Trellis may misidentify a plant, overlook a disease or hazard, misunderstand a photograph, suggest unsuitable care, or provide incorrect information about products, prices, retailers, or local requirements. An Output may sound confident even when it is wrong.

Outputs depend on the information available to the Services, including the quality of photographs and the accuracy and completeness of the information you provide. Trellis cannot physically inspect your plants or property and may not account for soil conditions, weather, prior chemical treatments, structural conditions, or other relevant circumstances. Outputs may also change as models, data sources, or software are updated. You are responsible for reviewing Outputs and determining whether they are appropriate before acting on them. Verify plant identities, treatment instructions, project requirements, quantities, costs, and other material information through reliable sources or qualified professionals, particularly where an error could harm a person, animal, plant, or property.

Outputs provide general gardening information and do not replace professional advice or inspection. Do not rely on Outputs to determine whether a plant or mushroom is edible, whether a substance or treatment is safe, or whether a proposed activity complies with applicable law. The additional safety requirements in these Terms apply to all Outputs. We do not guarantee that Outputs will be accurate, complete, current, or suitable for a particular purpose, or that following an Output will produce a particular result.

10. Acceptable Use

You may use the Services only for lawful, personal, noncommercial purposes consistent with these Terms. You agree not to:

(a) use the Services for unlawful, fraudulent, harmful, or unauthorized activities;

(b) access another person’s Account, impersonate another person, or share, sell, or transfer your Account without our permission;

(c) reverse engineer, decompile, disassemble, or attempt to extract the source code, underlying models, or algorithms of the Services, except to the extent permitted by applicable law;

(d) scrape, harvest, or systematically extract content or data, except through features we provide or with our written permission;

(e) use the Services or systematically collected Outputs to develop or train a competing product or service;

(f) interfere with the operation or security of the Services, introduce malicious software, or attempt to gain unauthorized access to related systems or networks;

(g) circumvent usage limits, access restrictions, or safety measures, including by creating multiple Accounts to avoid those restrictions;

(h) upload content that is unlawful, infringes another person’s rights, contains identifiable people, or discloses another person’s confidential or sensitive personal information without authorization;

(i) attempt to bypass safeguards to obtain instructions for unsafe ingestion, unlawful cultivation, dangerous chemical use, or other harmful activities; or

(j) resell, sublicense, commercially exploit, or make the Services available to others except as expressly permitted by us.

We may remove or restrict access to content, or suspend or terminate access to the Services, for violations of this section, subject to the termination provisions of these Terms and applicable law.

11. Gardening Safety

Trellis provides general gardening information and cannot determine whether a plant, substance, activity, or site is safe. Do not treat an identification, recommendation, or absence of a warning as confirmation of safety. The following restrictions apply even if an Output suggests otherwise.

(a) Edibility and Ingestion. Do not eat, drink, prepare, or feed any plant, plant part, or fungus to a person or animal based on Trellis. This includes suggestions appearing in recipes, project plans, or conversations. Independently verify identity and suitability for consumption through reliable sources or a qualified professional, including any risks from chemical treatments, contamination, or individual sensitivities. Correct identification alone does not establish that something is safe to consume.

(b) Mushrooms and Fungi. Trellis is not designed to determine whether mushrooms or other fungi are edible. Toxic and edible species can look similar, and a photograph or AI-generated identification is not a safe basis for foraging or consumption. Obtain identification and safety guidance from a qualified expert rather than relying on Trellis.

(c) Health and Wellness. Do not use Trellis to diagnose or treat a condition, prepare an herbal remedy, select supplements, change a diet, or make medical, nutritional, veterinary, or mental-health decisions. Any Output offering that advice is outside the Services’ intended scope and should not be relied upon. Consult an appropriately qualified professional.

(d) Handling and Allergies. Plants, sap, thorns, pollen, fungi, soil, and gardening materials may cause injury, irritation, or allergic reactions. Trellis may not identify these risks. Independently check handling precautions, use appropriate protective equipment, and account for known allergies or sensitivities before handling or planting unfamiliar materials.

(e) Children and Animals. Do not rely on Trellis to determine whether a plant or gardening product is safe around children, pets, or livestock. Verify with an appropriate professional or poison-control resource. For suspected human poisoning, promptly contact U.S. Poison Control at 1-800-222-1222; call 911 for a life-threatening emergency. For suspected animal poisoning, promptly contact a veterinarian or animal poison-control service. Do not wait for a response from Trellis.

(f) Chemicals and Pest Control. Follow product labels, safety instructions, and applicable restrictions when using pesticides, herbicides, fertilizers, or other garden chemicals. Pesticide use must comply with applicable labeling requirements. Trellis does not replace those instructions or any required licensing or professional advice. Do not mix chemicals based on a Trellis suggestion.

(g) Physical Work and Site Conditions. Assess your abilities, equipment, and site conditions before undertaking gardening work. Follow equipment instructions and obtain qualified help for hazardous tasks, including tree removal, work at height, structural work, and work near utilities. Before digging, contact 811 or the applicable utility-location service and follow local notice and clearance requirements. Trellis cannot identify buried utilities or assess whether your site is safe.

(h) Prohibited Substances; and Unlawful Activity. Do not use Trellis to cultivate, produce, process, manufacture, or prepare controlled substances, illegal drugs, or other substances whose cultivation, production, possession, or use is prohibited by applicable law. Do not rely on Trellis for instructions regarding methods intended to increase the potency, yield, extraction, or production of any such substance. Trellis is intended for lawful gardening activities and does not provide guidance regarding compliance with laws governing controlled or regulated substances.

(i) Other Risks and Precautions. The warnings above are not exhaustive. Trellis may overlook hazards or recommend activities unsuitable for your circumstances. Before acting, independently verify any recommendation that could affect health, safety, property, or compliance with applicable law. If you are uncertain about a risk, pause and consult a qualified professional. An omitted warning does not mean an activity is safe.

12. Feedback

We welcome feedback, comments, suggestions, and recommendations regarding the Services (“Feedback”). If you provide Feedback, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, and transferable license to use, reproduce, modify, and incorporate that Feedback into the Services without compensation to you, unless otherwise agreed in writing.

Feedback does not include your photographs, private conversations, or garden records merely because you submit them through the Services. Our use of those materials remains subject to the user-content provisions of these Terms and the Privacy Policy. Providing Feedback does not authorize us to use your name or likeness in public marketing without your permission.

13. Privacy Policy

Please review the Trellis Privacy Policy, available at talktotrellis.com/privacy, for information about how we collect, use, disclose, retain, and protect personal information in connection with the Services. The Privacy Policy also describes our practices concerning photographs, conversations, garden records, location information, service providers, and any human review or product-improvement uses. Nothing in these Terms expands our rights to use personal information beyond the practices disclosed in the Privacy Policy and any consent required by applicable law.

14. Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless Molbak’s and its officers, directors, employees, and agents from third-party claims, damages, liabilities, and reasonable expenses, including reasonable attorneys’ fees, to the extent arising from: (a) your unlawful use of the Services or willful misconduct; (b) your material violation of these Terms; or (c) a claim that Your Content infringes another person’s intellectual property, privacy, or other rights. This obligation does not apply to the extent a claim arises from our negligence, willful misconduct, or violation of these Terms or applicable law.

We will promptly notify you of any claim for which we seek indemnification and provide reasonable cooperation. You may assume the defense using reasonably qualified counsel acceptable to us. You may not settle a claim in a manner that admits wrongdoing by us, imposes an obligation on us, or fails to release us from the claim without our prior written consent, which will not be unreasonably withheld.

15. Warranty Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, OUR CONTENT, AND OUTPUTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WE DISCLAIM IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT INFORMATION AND OUTPUTS WILL BE ACCURATE, COMPLETE, CURRENT, OR SUITABLE FOR YOUR CIRCUMSTANCES. WE DO NOT GUARANTEE PLANT IDENTIFICATION, PLANT HEALTH OR SURVIVAL, HARVESTS, PROJECT COSTS OR RESULTS, OR THE SAFETY OR LEGALITY OF ANY ACTIVITY SUGGESTED THROUGH THE SERVICES.

NO RESPONSE, RECOMMENDATION, OR OTHER INFORMATION PROVIDED THROUGH TRELLIS CREATES A WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY EXCLUSIONS. THESE EXCLUSIONS APPLY ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW AND DO NOT LIMIT ANY CONSUMER RIGHTS OR WARRANTIES THAT CANNOT LAWFULLY BE EXCLUDED.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MOLBAK’S WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, WHETHER BASED ON CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE, OR ANOTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MOLBAK’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS YOU PAID TO MOLBAK’S FOR TRELLIS DURING THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS ($100).

THESE LIMITATIONS APPLY TO CLAIMS RELATING TO THE SERVICES AND OUTPUTS, INCLUDING CLAIMS INVOLVING PLANT OR CROP LOSS, PROPERTY DAMAGE, OR UNSUCCESSFUL GARDENING PROJECTS, BUT ONLY TO THE EXTENT SUCH LIABILITY MAY LAWFULLY BE LIMITED. THEY APPLY EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY FOR FRAUD, WILLFUL MISCONDUCT, GROSS NEGLIGENCE, DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, OR ANY OTHER LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.

17. Suspension and Termination

You may stop using the Services and close your Account through your Account settings or by contacting support@molbaks.com. Subscription cancellation and refunds are governed by Section 5. If you request Account closure, we will also stop future subscription renewals. We may suspend or terminate your access if you materially violate these Terms, fail to pay subscription fees after notice and a reasonable opportunity to correct the payment issue, or use the Services in a way that reasonably threatens the security, safety, or lawful operation of the Services or the rights of others.

Where reasonably practicable, we will notify you of the reason and provide an opportunity to resolve the issue before terminating your Account. We may act immediately where necessary to address a serious violation, prevent harm, or comply with law. We may also discontinue the Services or terminate your Account for other reasons upon reasonable notice. If we terminate a paid subscription for reasons other than your material breach, we will refund prepaid fees attributable to the unused subscription period.

Upon termination, your right to access the Services ends. Where reasonably practicable and legally permitted, we will provide a reasonable opportunity to retrieve Your Content before deleting it. Retention and deletion remain subject to the Privacy Policy and applicable law. Provisions that by their nature should survive termination will remain effective, including ownership, Feedback licenses, accrued payment obligations, indemnification, warranty disclaimers, limitations of liability, and dispute resolution.

18. Dispute Resolution

Informal Resolution. Before beginning arbitration, you and Molbak’s agree to attempt to resolve a dispute informally. Please send a written description of the dispute, your contact information, and the relief requested to support@molbaks.com. We will send any corresponding notice to the email address associated with your Account. The parties will attempt in good faith to resolve the dispute for thirty (30) days after receipt of the notice. This process does not prevent either party from seeking urgent relief or making a filing necessary to preserve a claim before a deadline expires.

Agreement to Arbitrate. Except as provided below, you and Molbak’s agree to resolve disputes arising out of or relating to these Terms or the Services through binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules in effect when the arbitration begins. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement. The AAA’s rules and filing instructions are available at www.adr.org.

YOU AND MOLBAK’S UNDERSTAND THAT ARBITRATION REPLACES A COURT TRIAL AND THAT, FOR CLAIMS SUBJECT TO ARBITRATION, EACH PARTY WAIVES THE RIGHT TO A JUDGE OR JURY TRIAL.

Procedure and Costs. Arbitration will be conducted by a single neutral arbitrator. Hearings may occur remotely or, if an in-person hearing is necessary, at a location reasonably convenient to you, consistent with the AAA Consumer Arbitration Rules. Filing fees, administrative costs, and arbitrator compensation will be allocated under those rules and applicable law. Molbak’s will pay the amounts those rules or applicable law require a business to pay. Each party will bear its own attorneys’ fees unless applicable law or an enforceable agreement permits an award.

The arbitrator may award relief available under applicable law, subject to enforceable limitations in these Terms. A court, rather than the arbitrator, will decide disputes concerning the formation, validity, or enforceability of this arbitration agreement or the class-action waiver below.

Exceptions. Either party may bring an individual claim in small claims court if it qualifies and remains in that court. Either party may seek temporary injunctive relief in a court of competent jurisdiction to prevent imminent misuse of intellectual property pending resolution of the underlying dispute. Nothing in these Terms prevents you from reporting concerns to a government agency or exercising rights that applicable law does not permit you to waive.

Class-Action Waiver. To the extent permitted by applicable law, you and Molbak’s agree to bring claims only in an individual capacity and not as a plaintiff or class member in a class or representative proceeding. The arbitrator may not consolidate different individuals’ claims or conduct a class or representative arbitration. This provision does not prevent relief that applicable law makes nonwaivable, including public injunctive relief where protected by law. If a particular claim or request for relief cannot lawfully be subject to this waiver, it may proceed in court, while any remaining claims remain subject to arbitration to the extent permitted by law.

Right to Opt Out. You may opt out of the arbitration agreement and class-action waiver by emailing support@molbaks.com within thirty (30) days after first accepting these Terms. Include your name, the email address associated with your Account, and a clear statement that you wish to opt out. Opting out will not affect your access to the Services or the other provisions of these Terms.

Court Proceedings. Except for qualifying small claims actions or where applicable law requires otherwise, disputes not subject to arbitration will be brought in the state courts located in King County, Washington, or the United States District Court for the Western District of Washington. Both parties consent to those courts’ jurisdiction. This provision does not deprive you of any mandatory right to bring a claim in the courts where you reside.

Changes to This Section. Material changes to this section will apply prospectively after the notice required by Section 1 and will not apply to disputes of which either party has already given notice. Any prior timely arbitration opt-out will remain effective.

19. Governing Law

These Terms and any dispute arising out of or relating to these Terms or the Services are governed by the laws of the State of Washington, without regard to its conflict-of-laws principles, except that the arbitration provisions are governed by the Federal Arbitration Act. If you reside in a jurisdiction that provides mandatory consumer protections, nothing in these Terms deprives you of protections that cannot lawfully be waived or limited by agreement.

20. Contact Information

Questions or notices concerning these Terms or the Services may be directed to:

Molbak’s LLC
4111 E Madison St, Suite 56
Seattle, WA 98112
Email: support@molbaks.com

Dispute notices and arbitration opt-out requests must follow the instructions in Section 18.

21. Entire Agreement and General Terms

Entire Agreement. These Terms, together with the subscription terms presented and accepted at signup and any additional terms expressly incorporated into these Terms, constitute the entire agreement between you and Molbak’s concerning the Services. They supersede prior or contemporaneous agreements and understandings concerning the same subject matter. Our collection and use of personal information remain governed by the Privacy Policy. These Terms do not replace separate agreements governing purchases from Molbak’s retail business or other retailers.

Severability. If a provision of these Terms is found invalid or unenforceable, it will be enforced only to the extent permitted by law, and the remaining provisions will remain effective. Any specific severability provisions in Section 18 will control with respect to disputes and arbitration.

Assignment. You may not assign or transfer these Terms or your Account without our prior written consent. We may transfer these Terms in connection with a merger, reorganization, or sale of the business or assets supporting Trellis, provided the successor assumes our obligations under these Terms. Any transfer of personal information remains subject to the Privacy Policy and applicable law.

Notices. We may provide notices by email to the address associated with your Account or through the Services, subject to any specific notice requirements in these Terms or applicable law. Material changes to these Terms and subscription-price changes will be communicated as provided in Sections 1 and 5. You are responsible for keeping your Account email address current.

No Waiver. Our failure to enforce a provision of these Terms does not waive our right to enforce it later. Any waiver must be in writing and applies only to the specific circumstance identified.

Remedies. Except as expressly provided in these Terms, exercising one right or remedy does not prevent either party from exercising other rights or remedies available under these Terms or applicable law.

The gardening safety requirements in Section 11 are also published on their own page: Gardening Information and Safety.