1. Introduction and Acceptance
Welcome to Consequential Flowers. These Terms of Service (“Terms”) are a legal agreement between Consequential Flowers LLC (“Consequential Flowers,” “we,” “us,” or “our”) and you (“you” or “your”) and govern your access to and use of the website located at www.consequentialflowers.ai (the “Site”) and our products and services, including SeedVision™, RootRadius™ and the PRIM™ client dashboard (together with the Site, the “Services”).
Accepting these Terms is required to use the Services. By accessing or using the Services, or by clicking to accept these Terms, you agree to these Terms and to our Privacy Policy, which is part of these Terms.
These Terms apply to everyone who uses the Services, with one exception. People who use PRIM as members of one of our clients (“Members”) do so under the PRIM Member Terms, not these Terms. If you use the Services for an organization that has a signed agreement with us, Section 4 explains how that agreement and these Terms fit together.
2. Eligibility
The Services are intended for individuals who are at least 18 years of age. By using the Services, you represent and warrant that you are at least 18 years old.
3. The Site and the Services
The Site is an informational and marketing website. It provides information about Consequential Flowers, our products, and our services, and allows you to contact us, sign up for waitlists, and receive communications you have requested.
SeedVision is a content structuring service. It uses artificial intelligence and our proprietary Classification Framework to convert unstructured content you supply (documents, audio, video and text, in the formats SeedVision supports) into structured records we call “Seeds.” Each Seed organizes a unit of your content by our classifications, categories and keywords, and may include AI-generated suggestions for practice. You can export your Seeds as a CSV file (an “Export”), and we provide analytics and insights about your content.
Our “Classification Framework” is our proprietary ontology, the Thrive 5IR leadership model: a structured system of categories, attributes and the relationships between them, with the classifications and keywords SeedVision uses to turn unstructured content into Seeds.
The PRIM client dashboard lets staff of our clients see aggregate results about how their Members use PRIM. The dashboard shows aggregate results only, never for a group of fewer than 10 people, and is designed so that no individual Member can be identified.
We may change, add or remove features of the Services from time to time.
4. Using the Services for an Organization
If you accept these Terms for an organization, you confirm that you have authority to bind it, and “you” includes that organization. If the organization has a signed agreement with us (for example, a Master Services Agreement), that agreement controls if it conflicts with these Terms, and no change we make to these Terms reduces the organization’s rights under it. We do not claim ownership of the organization’s content.
5. Accounts
Some Services require an account. You agree to give accurate information when you create it, to keep your sign-in details private, and to tell us promptly at hello@consequentialflowers.com if you believe someone has used your account without permission. You are responsible for activity on your account.
6. SeedVision Subscriptions
People and organizations that are not our clients may subscribe to SeedVision for a monthly fee (“Subscribers”). This section applies to Subscribers.
a. Fees and Billing
You pay the monthly fee shown when you subscribe, in advance, through our payment processor. Fees do not include taxes, which are added where required.
b. Automatic Renewal
Your subscription renews automatically each month, and you authorize us to charge your payment method each month, until you cancel.
c. Cancellation
You may cancel at any time by selecting “Manage My Plan” in the SeedVision app, which takes you to our payment processor’s secure page. Cancellation takes effect at the end of the month you have already paid for, and you keep access until then. We do not give refunds for a month that has started.
d. Price Changes
We will tell you at least 30 days before a price change takes effect. If you do not agree to the new price, you may cancel before it takes effect.
e. Your Content After You Cancel
You have 30 days from the date you cancel to download your Export. After that, we delete Your Content, your Seeds and the related Search Indexes (see Section 9) from our live systems within the following 30 days. Backup copies are used only to recover from a disaster and are deleted within 6 months.
7. Permitted Use
You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:
In any way that violates applicable federal, state, local, or international law
To transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, chain letters, or spam
To impersonate or attempt to impersonate Consequential Flowers, a Consequential Flowers employee, another user, or any other person or entity
To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services
To attempt to gain unauthorized access to the Services, the servers on which the Services are stored, or any server, computer, or database connected to the Services
To attack the Services by means of a denial-of-service attack or distributed denial-of-service attack
To reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any portion of the Services
To upload or submit content that you do not own or do not have the right to use
To attempt to get around, disable, or interfere with any safeguard or security feature of the Services
To copy or use the Services or the Classification Framework to build or offer a competing product or service
8. Intellectual Property
a. Our Content
The Services and their contents (including text, images, illustrations, designs, photographs, video, audio, code, and the selection and arrangement thereof), including SeedVision, the Classification Framework, and the format and structure of a Seed, are owned by Consequential Flowers or our licensors and are protected by United States and international copyright, trademark, and other intellectual property laws. This does not include Your Content, which Section 9 covers.
b. Trademarks
Consequential Flowers®, BloomRadius®, SeedVision™, RootRadius™, and PRIM™ are trademarks of Consequential Flowers LLC. You may not use any of our trademarks without our prior written consent.
c. Limited License to Use the Services
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for their intended purposes, subject to these Terms. This license does not allow you to copy, modify, distribute, sell, or lease any part of the Services, except Your Content and your Export.
d. Submissions
If you provide us with feedback, ideas, or suggestions through the Services (“Submissions”), you grant Consequential Flowers a worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, modify, and otherwise exploit the Submissions for any purpose, without obligation or compensation to you. Please do not send us anything you consider confidential or proprietary.
9. Your Content
a. You Keep Ownership
You keep all rights in the content you supply to the Services (“Your Content”) and in the Seeds made from it. We do not claim ownership of Your Content or your Seeds.
b. Permission You Give Us
You give us a non-exclusive, worldwide, royalty-free permission to store, copy, process, and transform Your Content into Seeds, and to deliver Your Content and your Seeds through our products to you and to the people you authorize. This permission lasts for as long as we provide the Services to you, and afterwards only as long as needed to meet the deletion terms in Section 6(e) or in your signed agreement. Our service providers may do this work for us, as described in our Privacy Policy.
c. Search Indexes
To find and retrieve Your Content, we build technical records from it (“Search Indexes”). We use them only to deliver the Services, and we delete them when we delete Your Content.
d. Your Export
You may use your Export for any purpose. The Classification Framework, as it appears in your Export, remains ours. You may not copy the Classification Framework itself, including the Thrive 5IR leadership model, to build or sell a competing classification product or service.
e. Your Promise About Your Content
When you create your account, you promise, for everything you upload then and later, that you own Your Content or have every right needed to use it with the Services, and that using it with the Services will not infringe anyone’s rights or break any law. We do not review Your Content before it is processed, and you are responsible for it.
f. No Training on Your Content
We do not train or fine-tune artificial intelligence models on Your Content without your written consent. We may use information about how the Services are used to run and improve them, and we may use de-identified results about groups of 10 or more people, which cannot identify anyone.
10. Reports of Infringement
If you believe content on the Services infringes your intellectual property rights, please send a written notice to hello@consequentialflowers.com that includes: (a) a description of the work you believe is infringed; (b) the location of the allegedly infringing material on the Services; (c) your contact information; (d) a statement that you have a good-faith belief that the use is not authorized; (e) a statement, under penalty of perjury, that the information is accurate and that you are authorized to act; and (f) your signature.
When we receive a report, we may remove or disable the content while we review it. We tell the person or organization that supplied it, and we restore it only if we conclude that the report is unfounded.
11. Disclaimer of Warranties
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. CONSEQUENTIAL FLOWERS DISCLAIMS ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
OUTPUT GENERATED BY ARTIFICIAL INTELLIGENCE, INCLUDING SEEDS, SUGGESTIONS FOR PRACTICE, ANALYTICS, AND INSIGHTS, MAY BE INACCURATE OR INCOMPLETE. WE DO NOT PROMISE THAT IT IS ACCURATE, COMPLETE, OR SUITABLE FOR ANY PARTICULAR PURPOSE. YOU SHOULD REVIEW IT BEFORE RELYING ON IT.
ANY INFORMATION ON THE SITE OR THROUGH THE SERVICES IS PROVIDED FOR GENERAL INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE PROFESSIONAL ADVICE OF ANY KIND.
12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL CONSEQUENTIAL FLOWERS, ITS AFFILIATES, OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY.
OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (US$100) OR THE AMOUNT YOU PAID US FOR THE SERVICES IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
IF YOU HAVE A SIGNED AGREEMENT WITH US, THE LIMITS IN THAT AGREEMENT APPLY INSTEAD OF THOSE IN THIS SECTION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
13. Indemnification
You agree to indemnify, defend, and hold harmless Consequential Flowers and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or relating to your violation of these Terms, your misuse of the Services, or Your Content, including any claim that Your Content infringes someone else’s rights.
14. Third-Party Links
The Services may contain links to third-party websites or services that are not owned or controlled by Consequential Flowers. We are not responsible for the content, privacy practices, or practices of any third-party websites or services.
15. Termination
We may suspend or terminate your access to the Services, with or without notice, for any reason, including if we believe you have violated these Terms. The provisions of these Terms that by their nature should survive termination will survive, including provisions relating to intellectual property, disclaimers, limitation of liability, indemnification, and governing law. If your access ends, what happens to Your Content is set out in Section 6(e) or in your signed agreement.
16. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of laws principles. Any legal action or proceeding arising out of or relating to these Terms or the Services shall be brought exclusively in the state or federal courts located in Montgomery County, Pennsylvania, and you consent to the personal jurisdiction of those courts.
17. Modification of Terms
We reserve the right to modify these Terms at any time. If we make material changes, we will provide notice by posting the updated Terms on the Site and updating the “Last Updated” date. Material changes will take effect 30 days after posting. Your continued use of the Services after that period constitutes acceptance of the revised Terms. If you do not agree to a change, you may stop using the Services, and Subscribers may cancel. Changes to these Terms never reduce the rights of an organization under a signed agreement with us.
18. General Provisions
a. Entire Agreement
These Terms, the Privacy Policy and any signed agreement between you and Consequential Flowers constitute the entire agreement between you and Consequential Flowers regarding the Services. If these Terms conflict with a signed agreement, the signed agreement controls.
b. Severability
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
c. No Waiver
Our failure to enforce any provision will not constitute a waiver of that provision.
d. Assignment
You may not assign or transfer these Terms. We may assign our rights and obligations to any affiliate or in connection with a merger, acquisition, or sale of assets.
19. Contact
Consequential Flowers LLC
650 Clark Avenue
King of Prussia, PA 19406, United States
Email: hello@consequentialflowers.com