Klora Terms of Service
Effective date: July 28, 2026 · Last updated: July 28, 2026
ARBITRATION NOTICE: SECTION 16 CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS-ACTION WAIVER. UNLESS YOU TIMELY OPT OUT, MOST DISPUTES MUST BE RESOLVED BY INDIVIDUAL ARBITRATION, NOT IN COURT, AND YOU AND KLORA EACH WAIVE A JURY TRIAL. PLEASE READ SECTION 16 CAREFULLY.
These Terms of Service (the “Terms”) are a legally binding agreement between you and Klora LLC, a Maryland limited liability company doing business as Klora (“Klora,” “we,” “us,” or “our”). They govern your access to and use of klora.app, our applications, design tools, artificial-intelligence features, content, documentation, and related products and services (collectively, the “Services”).
By clicking “I agree,” creating an account, purchasing a plan or pass, or accessing or using the Services, you agree to these Terms and acknowledge our Privacy Policy. If you do not agree, do not access or use the Services.
If you use the Services for or on behalf of a company or other organization, “you” includes that organization, and you represent that you are authorized to bind it. If you lack that authority, you may not accept these Terms on its behalf.
1. Eligibility and Accounts
1.1 Age and eligibility. You must be at least 18 years old and legally capable of entering into a binding contract to use the Services. The Services are not directed to children, and you may not permit a person under 18 to create or use an account.
1.2 Account information. You must provide accurate, current, and complete information and keep it updated. You may not impersonate another person or create an account using information you are not authorized to use.
1.3 Account security. You are responsible for safeguarding your credentials and for activity under your account. Do not share credentials or allow unauthorized access. Notify us promptly at support@kloragarden.com if you believe your account or credentials have been compromised.
1.4 Communications. You consent to receive transactional and service communications electronically. Marketing communications are subject to applicable law and any choices described in our Privacy Policy.
2. The Services and Your Right to Use Them
2.1 Service description. Klora helps users plan and visualize gardens and landscapes, including through plot-plan uploads, design tools, plant and material suggestions, generated concepts, lists, illustrations, and related features. Features, limits, availability, and supported devices may vary by plan, location, and time.
2.2 Limited license. Subject to these Terms and the limits of your plan, Klora grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Services for your personal or internal business purposes. You may export and share your own designs with household members, collaborators, contractors, vendors, and professional advisers for the applicable project.
2.3 Changes and availability. We may add, modify, limit, suspend, or discontinue features or the Services. If we discontinue a paid Service during a prepaid term, we will provide any remedy required by applicable law and may, at our option, provide a substantially similar service or a prorated refund for the unused prepaid period.
2.4 Beta features. Features labeled beta, preview, early access, experimental, or similar may be incomplete, changed or discontinued at any time, and may be subject to additional terms. They are provided for evaluation and may be less reliable than generally available features.
2.5 United States focus. The Services are designed primarily for use in the United States. We do not represent that content, plant information, codes, products, or features are appropriate or available in every jurisdiction.
3. User Content, Design Data, and Rights Klora Receives
3.1 Definitions. “User Content” means content, information, and materials you or someone acting for you uploads, submits, enters, creates, stores, sends, or makes available through the Services. User Content includes plot plans, surveys, maps, measurements, property photographs, sketches, notes, addresses or location information, preferences, plant and material selections, prompts, comments, feedback submitted through project tools, and designs. “Design Data” means the portion of User Content and related project data used to create, edit, analyze, or render a landscape or garden design. “Output” means content generated or returned by the Services in response to User Content or your instructions.
3.2 Your ownership. As between you and Klora, you retain any ownership rights you have in your User Content. Klora does not take ownership of your User Content solely because you upload or create it through the Services. User Content and Output may include Klora Content or third-party materials, which remain subject to their separate ownership and license restrictions.
3.3 License to operate, improve, and develop Klora. You grant Klora and its affiliates a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, and transferable license to host, store, cache, reproduce, transmit, format, adapt, modify, translate, create derivative works from, analyze, index, display, perform, and otherwise use User Content and Design Data to: (a) provide, personalize, maintain, secure, monitor, troubleshoot, support, and improve the Services; (b) develop, test, train, validate, evaluate, and improve Klora’s products, features, recommendation systems, algorithms, and artificial-intelligence or machine-learning models, consistent with applicable law, our Privacy Policy, and any privacy choices we make available; (c) detect or prevent fraud, abuse, security incidents, and violations of these Terms; (d) comply with law and enforce our rights; and (e) engage service providers acting for us for those purposes. This license includes the right for authorized personnel and contractors to review User Content when reasonably necessary for these purposes, subject to appropriate access restrictions and confidentiality obligations.
3.4 De-identified and aggregated information. We may create de-identified or aggregated information, statistics, patterns, benchmarks, datasets, and insights from or about User Content, Design Data, Output, and use of the Services. To the extent permitted by law, we may use, disclose, license, and commercialize that information for any lawful business purpose, including research, analytics, product development, and improving or training products and models, without payment or attribution to you. We will not treat information as de-identified if it is reasonably linkable to an identifiable person or household, and we will not attempt to re-identify de-identified information except to test or maintain de-identification, security, or legal compliance.
3.5 Product improvements and trained models. Klora owns the Services and the products, features, algorithms, models, systems, tools, know-how, and improvements it develops, including those developed or improved using User Content or Design Data. You do not acquire ownership of those items and are not entitled to compensation, attribution, or an accounting based on their development or commercialization. Deletion of User Content does not require Klora to delete or “untrain” models, generalized learnings, improvements, or de-identified or aggregated information created before deletion, where doing so is not reasonably feasible or required by law.
3.6 Private content and public marketing. The licenses in Sections 3.3–3.5 allow internal service, development, training, and de-identified uses of private User Content. They do not, by themselves, authorize Klora to publish an identifiable private plot plan, address, property photograph, or private design in public marketing. We may publicly display or promote User Content only when you intentionally make it public through a public-gallery or public-share feature, submit it to a showcase, contest, testimonial, or featured-design program, or separately authorize the use.
3.7 Public and submitted-for-feature content. If you intentionally publish User Content through a public feature or submit it for featuring or promotion, you grant Klora and its affiliates a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, and transferable license to host, reproduce, adapt, crop, format, translate, create derivative works from, distribute, publicly display, publicly perform, communicate, promote, and otherwise use that content and your associated public name, handle, profile image, and project description in connection with the Services and Klora’s marketing. This license lasts while the content is public and for a reasonable wind-down period after removal. For content specifically submitted to a contest, campaign, testimonial, or featured-design program, the license may be perpetual if that is disclosed when you submit it. We are not required to feature or continue displaying any content.
3.8 Duration and deletion. The license in Section 3.3 continues while User Content is stored in or used to provide the Services and for a reasonable period afterward for backups, security, dispute resolution, and legal compliance. Sections 3.4 and 3.5 survive deletion and termination to the extent stated there. Public or shared copies made by other users or third parties may remain outside our control.
3.9 Personal information. Personal information contained in or associated with User Content is handled as described in our Privacy Policy and applicable law. Nothing in these Terms makes personal information our property or eliminates non-waivable privacy rights.
3.10 Feedback. If you give us suggestions, ideas, enhancement requests, survey responses, or other feedback about Klora or the Services outside a private project (“Feedback”), you grant us a perpetual, irrevocable, worldwide, royalty-free, fully paid, sublicensable, and transferable right to use, modify, disclose, and commercialize the Feedback for any purpose without restriction, payment, or attribution. Feedback does not include User Content merely because it reflects how you used a feature.
4. Your Responsibilities for User Content
4.1 Rights and permissions. You represent and warrant that you own or have all rights, licenses, consents, and permissions needed to upload, use, and grant the rights in your User Content. This includes permission to upload third-party surveys, architectural drawings, landscape plans, photographs, maps, property records, and content that identifies another person or property.
4.2 Accuracy and lawful use. You are responsible for the legality, accuracy, quality, and appropriateness of User Content and for how you use any Output. You must not upload content that infringes intellectual-property, privacy, publicity, confidentiality, contractual, or other rights; is unlawful, deceptive, defamatory, threatening, or abusive; contains malware; or violates these Terms.
4.3 Sensitive and regulated information. Unless we expressly agree in writing, do not upload Social Security numbers, government identification numbers, financial-account credentials, medical records, biometric identifiers, export-controlled technical data, legally privileged material, trade secrets, or other information requiring specialized legal or security controls. Do not upload precise location information or personal information about another person unless necessary for the requested Service and lawfully provided.
4.4 Content review and removal. We have no obligation to monitor User Content, but we may review, restrict, remove, preserve, or disclose it when we reasonably believe doing so is necessary to provide or secure the Services, investigate misuse, comply with law or legal process, protect rights or safety, or enforce these Terms. We may use automated tools for these purposes.
4.5 Backups and exports. The Services are not a substitute for your own records or backups. You should export and retain copies of important plans, measurements, receipts, and project information. We do not guarantee that User Content will never be lost, altered, corrupted, or unavailable.
5. Artificial-Intelligence Features and Output
5.1 Inputs and Output. AI-enabled features may use User Content and instructions as inputs and return recommendations, images, plans, text, lists, or other Output. As between you and Klora and to the extent permitted by law, you retain any rights you have in your inputs and receive any rights Klora may have in Output generated specifically for you, subject to Klora Content, third-party materials, these Terms, and applicable law.
5.2 No exclusivity or guaranteed rights. Output may not be unique, and other users may receive similar or identical output. Laws concerning ownership and protectability of AI-generated content are evolving. Klora does not represent that Output is protectable, non-infringing, exclusive, accurate, complete, or suitable for any purpose.
5.3 Human review required. AI and automated systems can make errors. You must independently review and verify Output before relying on it or using it to purchase materials, hire contractors, apply for permits, excavate, build, grade, drain, irrigate, plant, or alter property.
5.4 Third-party models. Some AI features may be provided using third-party models or services. Their processing may be subject to separate terms or privacy practices identified in our Privacy Policy or in-product disclosures.
6. Landscape, Property, Plant, and Safety Disclaimers
6.1 Conceptual planning tool only. Klora is a software and information service. It is not a licensed landscape architect, architect, engineer, land surveyor, arborist, horticulturist, agronomist, contractor, code consultant, utility locator, lawyer, or other licensed professional. The Services do not create a professional-client, fiduciary, agency, or advisory relationship.
6.2 Not construction or permit documents. Designs and Output are conceptual and may be approximate. They are not surveys, engineering calculations, grading or drainage plans, construction drawings, specifications, accessibility reviews, permit documents, utility locates, or certifications of code, zoning, HOA, environmental, easement, setback, or property-boundary compliance.
6.3 Verify site conditions. Digital maps, uploaded plans, images, scale, measurements, sun exposure, soil, climate, hardiness zone, rainfall, slope, drainage, structures, utilities, boundaries, easements, and other site information may be incomplete, inaccurate, outdated, or interpreted incorrectly. You must verify actual conditions and legal requirements with qualified professionals and authoritative sources.
6.4 Plant and product information. Plant identity, availability, mature size, growth rate, hardiness, invasiveness, native status, maintenance, water needs, allergenicity, toxicity, wildlife effects, and suitability vary by specimen, supplier, location, climate, soil, care, and law. Product images, colors, dimensions, prices, inventory, and links may also be inaccurate or change without notice. Independently verify all selections, especially risks to children, pets, livestock, wildlife, structures, utilities, and neighboring property.
6.5 Excavation, structures, and hazardous work. Before digging or disturbing soil, contact 811 and all appropriate local authorities and utility owners. Use licensed and insured professionals where appropriate. Do not rely on the Services to locate utilities, determine structural safety, design retaining walls, manage stormwater, identify hazardous materials, or perform work that could cause injury, flooding, erosion, fire, electrical contact, utility damage, code violations, or property damage.
6.6 You control implementation. You are solely responsible for deciding whether, when, where, and how to implement any design or Output; selecting and supervising contractors and vendors; obtaining permits and approvals; complying with law; and inspecting completed work. Klora is not a party to your arrangements with contractors, nurseries, retailers, or other third parties.
7. Klora Content and Intellectual Property
7.1 Klora Content. The Services—including software, interfaces, features, algorithms, models, documentation, text, graphics, illustrations, templates, plant libraries, data compilations, taxonomies, icons, photographs, designs, trademarks, logos, and other content provided by Klora or its licensors—are “Klora Content.” Klora and its licensors own Klora Content and all related intellectual-property rights.
7.2 Output containing Klora Content. Subject to your compliance with these Terms and any plan limits, you may use and share exports from your projects for the project-related purposes allowed by Section 2.2. You may not extract, resell, license, distribute, or use Klora Content as a standalone asset, dataset, library, template collection, model-training corpus, or competing service.
7.3 Marks. Klora’s names, logos, trade dress, and product names are trademarks or service marks of Klora or its licensors. No right to use them is granted except as necessary to truthfully identify the Services or with our prior written permission.
7.4 Reservation of rights. Except for rights expressly granted in these Terms, Klora and its licensors reserve all rights in the Services and Klora Content. No rights arise by implication, estoppel, or otherwise.
8. Acceptable Use and Restrictions
You must not, and must not help another person to:
- use the Services or Output unlawfully, fraudulently, deceptively, or to violate another person’s rights;
- copy, modify, translate, reverse engineer, decompile, disassemble, discover source code or non-public algorithms, or create derivative works of the Services, except to the limited extent a restriction is prohibited by law;
- sell, resell, rent, lease, sublicense, distribute, provide as a service bureau, or give unauthorized third parties access to the Services;
- scrape, crawl, harvest, index, download in bulk, or use automated means to access the Services or Klora Content except through an expressly authorized interface;
- use the Services, Klora Content, User Content belonging to others, or Output to develop, train, benchmark, or improve a competing product, dataset, algorithm, or model, except with Klora’s written permission;
- circumvent or interfere with security, access controls, usage limits, plan restrictions, rate limits, payment controls, or content-protection measures;
- probe, scan, test, disrupt, overload, or introduce malware into the Services or related systems;
- misrepresent that Klora endorses you, your business, a contractor, a product, or a design; or
- remove or obscure proprietary notices or use the Services in a manner that could harm Klora, our users, or third parties.
9. Third-Party Services, Data, Products, and Links
The Services may interoperate with or contain content, data, maps, weather information, plant databases, products, links, integrations, payment tools, AI models, or services provided by third parties. Third-party items are not controlled by Klora and may be inaccurate, unavailable, insecure, or subject to separate terms, licenses, fees, and privacy practices. Your use of them is between you and the third party. To the maximum extent permitted by law, Klora is not responsible for third-party items or transactions.
Klora may receive referral, affiliate, advertising, or other compensation when you interact with or purchase from certain third parties. Where required, we will provide an appropriate disclosure. Inclusion of a product, plant, professional, contractor, nursery, retailer, or link is not a warranty, certification, or endorsement.
10. Plans, Fees, Automatic Renewal, and Cancellation
10.1 Plans and prices. Features, limits, plan terms, pass duration, and prices are shown at purchase and may change. Fees are charged in U.S. dollars unless stated otherwise and exclude applicable taxes. You are responsible for taxes other than taxes based on Klora’s net income.
10.2 Recurring subscriptions. If you purchase a monthly, annual, or other recurring subscription, it automatically renews for successive periods of the same length at the price disclosed at checkout or the then-current price communicated to you, unless you cancel before the renewal date. By purchasing, you expressly authorize Klora and its payment processor to charge your selected payment method for the initial term, each renewal, taxes, and other authorized purchases.
10.3 Renewal disclosures and notices. We will disclose automatic-renewal terms and provide renewal notices as required by applicable law. Your checkout or order confirmation will control the specific billing interval, price, and renewal date for your purchase.
10.4 Cancellation. You may cancel automatic renewal through the cancellation method shown in your account settings or at purchase. Online subscriptions will have an online cancellation method that is easy to find and at least as easy to use as the method used to subscribe, as required by law. Cancellation stops future renewals but does not retroactively refund the current term. Access ordinarily continues through the end of the paid term unless your account is terminated for breach, law, security, or another reason stated in these Terms.
10.5 Fixed-term passes. Unless checkout expressly states that a project pass or other fixed-term product renews automatically, it expires at the end of the stated period and does not renew. Unused time, features, exports, or credits expire when the pass expires unless applicable law requires otherwise.
10.6 Refunds. Except as required by law or expressly stated at purchase, fees are non-refundable, and we do not provide credits for partial terms, unused time, unused features, or account inactivity. If Klora terminates a prepaid paid plan for convenience and not because of your breach, we will provide a prorated refund for the unused prepaid period unless prohibited by law.
10.7 Price changes. We may change prices. For an existing recurring subscription, a price change will apply no earlier than the next renewal after any notice required by law. You may cancel before the new price takes effect.
10.8 Payment failures. You represent that you are authorized to use your payment method. If a charge fails or remains unpaid, we may retry the charge and suspend or terminate paid access. You remain responsible for amounts incurred before cancellation or termination and for bank or payment-provider fees.
10.9 App stores and payment processors. Purchases through an app store or other third party may also be subject to its billing, cancellation, and refund terms. We may use third-party payment processors and do not directly store complete payment-card numbers when the processor handles them.
11. Privacy and Security
11.1 Privacy Policy. Our Privacy Policy explains how we collect, use, disclose, retain, and protect personal information, including personal information associated with User Content and Design Data, and how users may exercise applicable privacy rights.
11.2 Security. We use reasonable administrative, technical, and physical safeguards designed to protect information. No service, transmission, or storage system is completely secure, and we cannot guarantee absolute security or that information will never be lost, accessed, altered, or disclosed without authorization.
11.3 Your choices and permissions. You are responsible for device, browser, operating-system, and third-party permissions you grant, including location, photo, file, camera, and notification permissions. You may be able to change them through your device or account settings, but doing so may limit features.
12. Copyright Complaints
Klora respects intellectual-property rights. If you believe material in the Services infringes your copyright, send a notice to legal@kloragarden.com that identifies the copyrighted work, identifies and locates the allegedly infringing material, provides your contact information, and includes a good-faith statement that the use is not authorized by the copyright owner, its agent, or the law.
We may remove or disable access to material we reasonably believe infringes and may terminate the accounts of repeat infringers where appropriate. Knowingly misrepresenting that material is infringing may create liability.
13. Suspension, Termination, and Data After Termination
13.1 By you. You may stop using the Services at any time. Canceling a subscription stops future renewals but does not necessarily delete your account. Use the account-deletion method described in the Services or contact support@kloragarden.com if you want to request deletion.
13.2 By Klora. We may suspend, restrict, or terminate access, remove content, or take protective measures if we reasonably believe you violated these Terms, created risk or possible legal exposure, failed to pay, misused the Services, threatened security or safety, or if we are required by law. Where practical and legally permitted, we may provide notice and an opportunity to cure.
13.3 Effect. When access ends, your right to use the Services ends. You should export important User Content before cancellation or termination. Subject to our Privacy Policy and applicable law, we may delete User Content after termination and are not obligated to retain it indefinitely.
13.4 Survival. Provisions that by their nature should survive will survive termination, including provisions concerning ownership, licenses and rights that expressly survive, Feedback, de-identified information, payment obligations, disclaimers, limitations of liability, indemnification, dispute resolution, and miscellaneous terms.
14. Disclaimers of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES, KLORA CONTENT, OUTPUT, AND ALL THIRD-PARTY ITEMS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND. KLORA AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AVAILABILITY, SECURITY, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
WE DO NOT WARRANT THAT THE SERVICES OR OUTPUT WILL BE ACCURATE, COMPLETE, CURRENT, UNIQUE, SAFE, UNINTERRUPTED, ERROR-FREE, FREE OF HARMFUL COMPONENTS, OR SUITABLE FOR YOUR PROPERTY, CLIMATE, BUDGET, PROJECT, OR PURPOSE; THAT DEFECTS WILL BE CORRECTED; THAT USER CONTENT WILL BE PRESERVED; OR THAT A DESIGN WILL BE BUILDABLE, PERMITTABLE, CODE-COMPLIANT, OR SUCCESSFUL.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS. IN THOSE JURISDICTIONS, THE DISCLAIMERS APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND NON-WAIVABLE RIGHTS REMAIN IN EFFECT.
15. Limitation of Liability and Indemnification
15.1 Excluded damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, KLORA, ITS AFFILIATES, AND THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AND SERVICE PROVIDERS (THE “KLORA PARTIES”) WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, OR USE; COST OF SUBSTITUTE SERVICES; OR PROPERTY, PLANT, LANDSCAPING, DRAINAGE, UTILITY, CONSTRUCTION, CONTRACTOR, OR PROCUREMENT LOSSES ARISING OUT OF OR RELATING TO THE SERVICES, OUTPUT, THESE TERMS, OR YOUR PROJECT, EVEN IF ADVISED THAT SUCH DAMAGES WERE POSSIBLE.
15.2 Liability cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE KLORA PARTIES’ TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES, OUTPUT, THESE TERMS, OR YOUR RELATIONSHIP WITH KLORA WILL NOT EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT YOU PAID KLORA FOR THE SERVICES IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
15.3 Exceptions. The exclusions and cap do not apply to liability that cannot lawfully be excluded or limited. Nothing in these Terms limits non-waivable consumer rights or liability for a party’s fraud, willful misconduct, or gross negligence to the extent such liability cannot be limited by law.
15.4 Basis of bargain. The limitations allocate risk between you and Klora, are reflected in pricing, and apply even if a limited remedy fails of its essential purpose.
15.5 Your indemnification. To the extent permitted by law, you will defend, indemnify, and hold harmless the Klora Parties from third-party claims, damages, losses, liabilities, judgments, settlements, penalties, costs, and reasonable attorneys’ fees arising from or relating to: (a) your User Content; (b) your violation of these Terms or law; (c) your infringement or violation of another person’s rights; or (d) your implementation, construction, planting, procurement, contractor engagement, or other use of a design or Output. Klora may control the defense and settlement of a claim, and you will reasonably cooperate. Klora will not settle a claim in a way that admits your wrongdoing or imposes a non-monetary obligation on you without your consent, not to be unreasonably withheld.
16. Governing Law, Arbitration, Class-Action Waiver, and Jury Waiver
16.1 Governing law. Maryland law governs these Terms and claims arising from or relating to them or the Services, without regard to conflict-of-law rules. The Federal Arbitration Act governs the interpretation and enforcement of Sections 16.2–16.9. Mandatory consumer protections of your home jurisdiction remain applicable to the extent they cannot be waived.
16.2 Informal dispute process. Before filing arbitration or a lawsuit, the claimant must send an individualized written notice describing the claimant, contact information, facts, legal basis, requested relief, and a personally signed statement that the information is accurate. Notices to Klora must be sent by email to legal@kloragarden.com. We will send notice to your account email or mailing address. The parties will attempt in good faith to resolve the dispute for 60 days after receipt. Any limitations period is tolled during that 60-day period.
16.3 Agreement to arbitrate. Except for matters in Section 16.4 and unless you timely opt out under Section 16.8, you and Klora agree that every dispute, claim, or controversy arising out of or relating to these Terms, the Services, Output, User Content, a purchase, or your relationship with Klora—including disputes about the existence, scope, enforceability, or applicability of this arbitration agreement—will be resolved by final and binding individual arbitration, not by a court.
16.4 Exceptions. Either party may: (a) bring an eligible individual claim in small-claims court; (b) seek temporary or preliminary injunctive relief in court to prevent actual or threatened infringement, misappropriation, or unauthorized use of intellectual-property or confidential information; or (c) pursue a remedy that applicable law prohibits from being arbitrated. A public agency may pursue enforcement as authorized by law.
16.5 Arbitration rules and forum. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect, as modified by these Terms. The arbitrator may award the same individual remedies a court could award. Unless the parties agree otherwise, the arbitration will be conducted remotely, on written submissions, or in the county where you reside, consistent with the applicable rules. Fees will be allocated under the AAA rules and applicable law. Klora will not seek attorneys’ fees from a consumer unless the arbitrator finds the claim was frivolous or brought for an improper purpose and an award is permitted by law.
16.6 Individual relief only. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND KLORA MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN A CLASS, COLLECTIVE, CONSOLIDATED, COORDINATED, MASS, OR REPRESENTATIVE ACTION OR ARBITRATION. THE ARBITRATOR MAY AWARD RELIEF ONLY TO THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE THAT PARTY’S CLAIM.
16.7 Jury-trial waiver. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND KLORA EACH WAIVE THE RIGHT TO A JURY TRIAL for any dispute that proceeds in court.
16.8 Right to opt out. You may opt out of Sections 16.3–16.6 by sending an individualized notice within 30 days after the date you first accept these Terms. Send it to legal@kloragarden.com with the subject “Arbitration Opt-Out” and include your full name, account email, mailing address, and an unequivocal statement that you opt out of arbitration. You must personally send the notice; a notice purporting to opt out multiple people is invalid. Opting out will not affect your access to the Services. If you opt out, Sections 16.1, 16.2, 16.7, and 16.9 still apply.
16.9 Court venue and severability. For a dispute not subject to arbitration, you and Klora consent to the exclusive jurisdiction and venue of the state courts located in Howard County, Maryland, and the United States District Court for the District of Maryland, unless applicable law requires another forum. If a final decision holds the class-action waiver unenforceable for a particular claim or remedy, that claim or remedy will proceed in court and not arbitration, while the remainder of this Section 16 remains enforceable to the maximum extent permitted by law.
17. Changes to These Terms and the Services
We may update these Terms. We will post the updated Terms on this page and update the “Last Updated” date. If a change materially and adversely affects your rights, we will provide reasonable advance notice through the Services, email, or another appropriate method and will request renewed assent when required by law. Changes apply prospectively from their effective date. If you do not agree to updated Terms, you must stop using the Services and cancel before the change takes effect. Continued use after the effective date constitutes acceptance where permitted by law.
18. Miscellaneous
18.1 Entire agreement and order of precedence. These Terms, the Privacy Policy, any checkout or order terms, and any feature-specific terms expressly incorporated by reference are the entire agreement about the Services and supersede prior or contemporaneous understandings on that subject. If they conflict, feature-specific terms control for that feature, then checkout or order terms for that purchase, then these Terms, except that the Privacy Policy controls the description of personal-information practices.
18.2 Assignment. You may not assign or transfer these Terms or an account without Klora’s prior written consent. Klora may assign or transfer these Terms in connection with a merger, acquisition, financing, reorganization, sale of assets, change of control, or by operation of law, and may engage affiliates and service providers to perform obligations.
18.3 Force majeure. Klora is not liable for delay or failure caused by events beyond its reasonable control, including internet or utility failure, natural disaster, severe weather, fire, epidemic, labor dispute, war, terrorism, civil disorder, government action, supplier failure, cyberattack, or third-party service interruption.
18.4 No agency; third-party beneficiaries. These Terms do not create an agency, partnership, joint venture, employment, fiduciary, franchise, or professional relationship. Except for the Klora Parties entitled to protections under Sections 14 and 15, there are no third-party beneficiaries.
18.5 Severability and waiver. If a provision is invalid or unenforceable, it will be enforced to the maximum lawful extent or modified to best achieve its purpose, and the remaining provisions will remain effective. Failure to enforce a provision is not a waiver.
18.6 Notices. We may provide notices through the Services, by email to your account address, or by other legally permitted means. You must keep your contact information current. Legal notices to Klora must be sent to legal@kloragarden.com, unless these Terms specify another method.
18.7 Export and sanctions compliance. You may not use, export, re-export, or provide the Services in violation of U.S. export-control or economic-sanctions laws or to a prohibited party or destination.
18.8 Interpretation. “Including” means “including without limitation.” Headings are for convenience only. Electronic acceptance and records have the same force as written signatures and records to the extent permitted by law.
19. Contact Us
Klora is operated by Klora LLC, a Maryland limited liability company.
General support: support@kloragarden.com
Privacy questions and requests: legal@kloragarden.com
Legal notices: legal@kloragarden.com
Website: klora.app