Terms of Service

1. About these terms

These Terms of Service (“Terms”) govern your access to and use of HortiOwl(“the Service”), a software-as-a-service platform for garden centres and nurseries operated at hortiowl.co.uk.

These Terms are governed by the laws of England and Wales. Any disputes will be subject to the exclusive jurisdiction of the courts of England and Wales.

By registering for or using the Service, you confirm that you are authorised to enter into this agreement on behalf of your business and that your business is registered in the United Kingdom.

2. The service

HortiOwl provides a cloud-based operations platform for horticulture businesses, including tools for quotes, sales orders, invoicing, inventory management, purchase orders, and related functions as described at hortiowl.co.uk/features.

We may update, modify, or discontinue features of the Service at any time. Where a change materially reduces functionality, we will give you at least 30 days’ notice.

3. Your account

• You must provide accurate information when registering and keep it up to date.
• You are responsible for maintaining the security of your account credentials and for all activity that occurs under your account.
• You must notify us immediately at hello@hortiowl.co.uk if you suspect unauthorised access to your account.
• Each account is for a single business (tenant). You may not share your account with or resell access to third parties.
• You must be at least 18 years old to create an account.

4. Free trial

We offer a 14-day free trial with full access to all features. No credit card is required to start a trial. At the end of the trial period, you may choose to subscribe to continue using the Service. If you do not subscribe, your account will be suspended and your data retained for 30 days before deletion.

5. Subscription and payment

• Subscriptions are billed monthly in advance unless otherwise agreed in writing.
• All prices are quoted exclusive of VAT. UK VAT at the prevailing rate will be added to your invoice.
• You authorise us to charge your payment method on each billing date.
• If a payment fails, we will notify you and allow 7 days to update your payment details before suspending access.
• Refunds for unused subscription days are not provided unless required by law or agreed in writing.
• We reserve the right to change subscription pricing with at least 30 days’ written notice. Price changes will not take effect until the start of your next billing period.

6. Acceptable use

You agree not to use the Service to:

• Process data on behalf of a business other than your own registered tenant without our written consent
• Attempt to gain unauthorised access to any part of the Service, other tenants’ data, or our infrastructure
• Introduce malicious code, viruses, or any material that could disrupt the Service
• Circumvent any technical controls, rate limits, or security measures
• Reverse-engineer, decompile, or create derivative works from the Service
• Use the Service in any way that violates applicable UK law, including data protection law
• Upload content that is unlawful, defamatory, or infringes third-party intellectual property rights

We reserve the right to suspend or terminate accounts that breach these acceptable use terms, with or without prior notice depending on the severity of the breach.

7. Your data

You retain ownership of all data you enter into the Service (“Your Data”). You grant us a limited licence to process Your Data solely to provide the Service to you.

You are responsible for ensuring that Your Data (including any personal data about your customers or employees) is entered and processed in compliance with UK GDPR and any other applicable data protection law.

On termination of your subscription, we will retain Your Data for 90 days during which you may request an export. After this period, Your Data will be permanently deleted from our systems, except where retention is required by law (e.g. financial records).

Our full privacy practices are described in our Privacy Policy, which forms part of these Terms.

8. Intellectual property

The Service, including its software, design, text, and content, is owned by HortiOwland protected by UK and international intellectual property law. Nothing in these Terms transfers any intellectual property rights to you.

You may not copy, distribute, or create derivative works from the Service without our express written permission.

9. Availability and support

We aim to provide a highly available service but do not guarantee 100% uptime. We will endeavour to carry out planned maintenance outside normal UK business hours and will give reasonable notice where possible.

Support is provided by email at hello@hortiowl.co.uk. We aim to respond to support requests within 2 business days.

10. Limitation of liability

To the maximum extent permitted by law:

• The Service is provided “as is” without warranties of any kind, express or implied.
• We are not liable for any indirect, incidental, special, or consequential loss arising from your use of the Service, including loss of profits, loss of data, or business interruption.
• Our total aggregate liability to you for any claim arising under or in connection with these Terms will not exceed the total subscription fees paid by you in the 12 months preceding the claim.

Nothing in these Terms limits or excludes liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be excluded under English law.

11. Cancellation and termination

You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of the current billing period. You will retain full access until that date.

Wemay terminate your account immediately for material breach of these Terms (including non-payment after the 7-day grace period, or serious misuse of the platform), or with 30 days’ notice for any other reason.

On termination, your right to access the Service ceases immediately. Data export and deletion is governed by clause 7.

12. Changes to these terms

We may update these Terms from time to time. We will notify you by email at least 14 days before material changes take effect. Your continued use of the Service after that date constitutes acceptance of the revised Terms. If you do not accept the changes, you may cancel your subscription before the effective date.

13. Contact

If you have any questions about these Terms, contact us at: