Gardyn Membership Terms

Effective Date of Current Policy: November 30, 2022

By purchasing a Gardyn Membership, you agree to the following terms and conditions, which supplement and form a part of the Gardyn Terms of Service. Capitalized terms not defined here have the meaning given to them in the Gardyn Terms of Service.

Membership Scope

The Gardyn membership provides you with many unique benefits. For the most up-to-date list, click here. Membership benefits include, but are not limited to:
  • Depending upon device type, 5 or 10 credits per month are granted on the monthly anniversary of your membership activation date, with rollover of up to 16 or 30 credits to use when you’re ready. These credits can be redeemed through your Gardyn app for yCubes, Microgreens, plant food, and certain accessories. Members receive one free shipment a month, and can place additional orders within the month for a shipping fee.
  • Automation of your Gardyn Home or Studio device. Kelby™, the Smart Gardyning Assistant that connects your Gardyn Home or Studio to your app, takes care of watering and lighting your plants to ensure the fastest, healthiest growth.
  • Automated recommendations and advice. Kelby™ sends messages to your mobile device and/or email relating to your device and the growth of your plants. Kelby™ messages provide information and advice on how to take care of your plants with just-in-time tips, plus any timely or urgent actions you should take to ensure the health and longevity of your device and plants.
  • Unlimited access to active options in the Gardyn Plant Portfolio of 50+ rotating species, including member-only plant releases.
  • Unique app features, including access to Timeline, the Memory Editor, Vacation Mode, and Smart Watering.
  • Special access to sales and promotions.
Gardyn may adjust the terms above without justification or notice. yCubes™, Microgreens, plant food, and certain accessories can be purchased from the Gardyn App. Spare parts and all accessories can be purchased from the Gardyn website. Gardyn’s plant experts take great care in selecting plants with high germination and success rates, but just like in nature, some of your plants may not germinate or reach harvest-age maturity. For our full replacement policy on yCubes™, Microgreens, and Strawberries, click here. The portfolio of plants presented on the Gardyn website and application is indicative and can be changed by Gardyn at its sole discretion and with no prior notice. No refund of the membership can be claimed as a result of a change in the portfolio of yCubes™ offered by Gardyn. The messages sent by Kelby™ are meant as a support to make it easier for you to use your Gardyn and grow your plants successfully. Gardyn cannot be held responsible for the actions you take pursuant to any message from Kelby™ or the lack thereof. You remain solely responsible for the use of your Gardyn Home device, the growth of your plants, and any consequence thereof.

Membership Coverage and Billing Cycles

Membership Coverage By purchasing a Membership in connection with your purchase of a Gardyn Home or Studio (a “Device Membership”) you will get full and unlimited access to all of Gardyn’s available portfolio of plants, plus access to Kelby™ on the Gardyn app, for as long as the Device Membership remains active. The account holder of the Device Membership is the person who activated the Membership on the device(s) or in the app to which the Membership is attached (the “Membership Holder”). As a Membership Holder you may possess one or more Memberships depending on the number of devices you own.

Billing Cycles and Auto-Renewal

You may select either a monthly, 1-year, or 2-year Gardyn Membership term. You will be charged immediately for the initial term. Following the initial term, your Gardyn subscription will automatically renew for a term of the same duration as the initial term (i.e. monthly, one-year, two-year respectively), unless action is taken to select a different term or cancel the current one before it renews. We will charge any credit or debit card we have on file for you at the fee then in effect plus any applicable taxes on a recurring basis without further notices to you (except to the extent that notice is required by applicable law) unless and until you notify Gardyn of your desire to cancel your Gardyn Membership by following the Gardyn Membership cancellation process. To avoid being charged for a new term, you must cancel your membership subscription before the end of the current term. If you cancel, you can continue to access Gardyn Membership benefits until the end of your term.

Prepaid Periods
You may be given the opportunity to prepay for a period of one or more months of your Membership. At the conclusion of a prepaid period, unless you cancel prior to renewal, and to the extent permitted by applicable law, your Membership will automatically continue for a term of the same duration as the initial term (i.e. monthly, 1-year, 2-year respectively) at the then-existing non-promotional price for your Membership level.
Offers
Gardyn may offer some promotions or discounts related to Memberships from time to time. Please read the details of those offers carefully, as any additional terms presented to you during the sign-up process will form part of these Membership Terms. Unless specified in writing, all discount offers that require a payment are non-refundable. Any free trial or other promotion must be used within the specified time frame of the trial or promotion. You may be required to have a valid payment method on file in order to initiate a free trial; in this case, if you do not cancel before your free trial period ends, your account will be converted to a paid Membership and will be charged in accordance with these Membership Terms.

Account Registration

You can register by successfully completing a Gardyn purchase, or by creating an account on the Gardyn website or Gardyn app, as further described in our Terms of Service. All information that you provide must be accurate, including your name, address, credit, debit or charge card numbers and expiration dates, and any other payment information. You are responsible for keeping such information up-to-date and must provide changes promptly to your account page, which may be accessed through the settings page of the Gardyn App. Gardyn’s use of your information is governed by our Privacy Policy. YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSORS IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USERNAME OR PASSWORD.

Termination, Pausing, or Cancellation of Membership

If you pause or terminate your Membership, you may use your Membership until the end of the then-current period and your Membership will not be renewed after that period expires. However, you won’t be eligible for a prorated refund of any portion of the Membership fee paid for the then-current Membership period, subject to specific cancellation and refund rights listed below for certain Canadian residents. We will preserve any remaining credits for 90 days. To redeem these credits, you need to resume a membership within 90 days. All membership plans are eligible for renewal cancellation, but only Monthly Memberships are eligible for a pause.

Suspension/Termination by Gardyn

Gardyn may immediately terminate or suspend your account, and all or a portion of your Membership, without notice if: (a) your payment is overdue (provided that we will use reasonable efforts to notify you of the overdue payment before we terminate or suspend); (b) you provide false or inaccurate information; (c) you violate these Membership Terms, the Terms of Service, or any other Gardyn rules or agreements then in effect; (d) you engage in conduct that is a violation of any applicable law or tariff (including, without limitation, copyright and intellectual property laws); or (e) if you engage in conduct that is threatening, abusive, or harassing to Gardyn employees, agents, or other Gardyn users, including, for example, making threats to physically harm or damage property. If we terminate or suspend your Membership, your license to use any software or content provided in connection with the Membership is also terminated or suspended (as applicable). If your Membership is terminated, Gardyn has the right to immediately delete all data, files, and other information stored in or for your account without further notice to you. You must pay all charges up to and including the date of termination. Should you wish to resume your Membership after any suspension, a restoration of service fee may apply. This fee is in addition to all past due unpaid charges and other fees.

Payment

Membership Holders agree to pay the monthly fee specified when you purchased your Membership (plus any applicable taxes and other charges). If the amount to be charged varies from the amount you pre-authorized (other than due to the imposition of, or change in, applicable sales tax), you have the right to receive, and we will provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction, unless applicable law requires you to expressly consent to the change in price. Any agreement you have with your payment provider governs your use of your specified payment method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle. Your failure to terminate and/or continued use of your Membership reaffirms that we are authorized to charge you for that Membership. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you.

Billing Authorization

You may be asked to provide a payment method (such as a credit, charge, or debit card number) that we accept in order to activate your Membership, along with other payment information. You represent and warrant that you have the legal right to use all payment method(s) that you provide to us. Your authorizations in this section also apply to our payment processors and any other companies who act as billing agents for us. You hereby authorize us to charge your specified payment method on a monthly basis, in advance, for your Membership(s) and/or to place a hold on your payment method with respect to any unpaid charges for your Membership(s). You authorize the issuer of your selected payment method to pay any amounts described herein without requiring a signed receipt, and you agree that these Membership Terms shall be accepted as authorization to the issuer of the payment method to pay any amounts described herein, without requiring a signed receipt from you. You authorize us to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your payment method until such amounts are paid in full. You agree to provide updated payment information upon request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither Gardyn, nor any Gardyn agent, will have any liability whatsoever for any insufficient funds or other charges incurred by you as a result of attempts to charge, and/or place holds on, your specified payment method as contemplated by these Membership Terms. If you provide a debit card number instead of a credit card number, you authorize all charges described herein to be applied to such debit card unless and until you provide a credit card number.

Third-Party Payment Processors

You agree to pay us, through our payment processors or financing partners (as applicable), all charges at the prices then in effect for any purchase in accordance with the applicable payment terms presented to you at the time of purchase. You agree to make payment using the payment method you provide when you set up your account. We reserve the right to correct, or to instruct our payment processors or financing partners to correct, any errors or mistakes, even if payment has already been requested or received.

Financed Purchases

If you finance the purchase of your Membership, you agree to abide by the terms of the financing agreement with our financing partner governing your purchase, which will be provided to you separately. Gardyn may treat your failure to abide by the terms of your financing agreement with our financing partner as a breach of these Membership Terms.

Bill Inquiries and Refunds

If you believe you have been billed in error for a Membership, please notify us within 60 days of the billing date by contacting Gardyn Support at [email protected]. Gardyn will not issue refunds or credits after the expiration of this 60-day period, except where required by applicable law.

Statutory Cancellation Rights (Certain Canadian Residents Only)
British Columbia
You may cancel your Device Membership 10 days after you initially subscribe for any reason by sending Gardyn a notice of cancellation to [email protected]
Ontario
Your Rights under the Consumer Protection Act 2002: You may cancel this agreement at any time during the period that ends ten (10) days after the later of the day you receive a written copy of the agreement and the day all the services are available. You do not need to give the supplier a reason for cancelling during this 10-day period. In addition, there are grounds that allow you to cancel this agreement. You may also have other rights, duties and remedies at law. For more information, you may contact the Ministry of Consumer and Business Services. To cancel this agreement, you must give notice of cancellation to the supplier, at the address set out in the agreement, by any means that allows you to prove the date on which you gave notice. If no address is set out in the agreement, use any address of the supplier that is on record with the Government of Ontario or the Government of Canada or is known by you. If you cancel this agreement, the supplier has fifteen (15) days to refund any payment you have made and return to you all goods delivered under a trade-in arrangement (or refund an amount equal to the trade-in allowance).
Saskatchewan
Your Rights under The Consumer Protection and Business Practices Act: You may cancel this contract at any time during the period that ends seven (7) days after the later of the day you receive a written copy of the contract and the day all the services are available (in calculating the 7 days, count only days on which the supplier is open for business). You do not need to give Gardyn a reason for cancelling during this period. In addition, there are other grounds that allow you to cancel this contract. You may also have other rights, duties and remedies at law. For more information, you may contact the Consumer Protection Division, Financial and Consumer Affairs Authority of Saskatchewan. To cancel this contract, you must give notice of cancellation to Gardyn, at 7315 Wisconsin Avenue, Bethesda, MD 20814, USA, by personal service, by registered mail or by any other means set out in the contract. If you cancel this contract, the supplier has fifteen (15) days to refund any payment you have made.

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