Common Garden Terms and Conditions

Common Garden LLC ("Common Garden," which is also referred to as "us," "we," and "our").

These terms and conditions (as amended by us from time to time, "Terms") govern your access to and use of the services we make available, including our websites, SMS messaging, APIs, email communications, applications, widgets, and related services (collectively, the "Services") and any information, text, links, graphics, photos, audio, videos, or other materials or arrangements of materials uploaded, downloaded, or appearing on the Services (collectively referred to as "Content").

In these Terms, "you" and "your" mean you, being the individual agreeing to these Terms. If you are accessing and contributing Content or using the Services on behalf of a company, organization, or other legal entity, you (the natural person agreeing to these Terms) represent and warrant that you are authorized to do so and have the authority to bind such entity to these Terms, in which case the words "you" and "your" as used in these Terms shall refer to such entity as well as to you as an individual.

1. Introduction

By using the Services you agree to be bound by these Terms.

You may only access or contribute Content and use the Services if you may lawfully do so. You may not use the Services unless you are at least 13 years old. If you are under 13 years old, you should not use the Services. In some jurisdictions, local rules govern how old you must be to use online services — you should adhere to these rules.

You agree that the information that we ask you to provide will be true, and that you will not provide false details to us.

2. Definitions

For the purposes of these Terms:

• "Artist" means any independent artist, creative professional, or service provider who operates a workspace on the Platform.
• "Community Member" means any individual who has signed up to follow, connect with, or receive communications from an Artist through the Platform.
• "Platform" means the Common Garden creative platform, including the public-facing website at cmngrdn.com, the artist backend at dashboard.cmngrdn.com, and any associated subdomains, applications, or services.
• "Workspace" means an individual Artist's operational environment within the Platform, including their contacts, content, transmissions, portal pages, and related features.
• "Portal Page" means a public page created by an Artist through the Platform, serving as a permanent digital hub for an asset, project, or campaign.
• "Transmission" means any outbound communication — email or SMS — sent by an Artist to their Community Members through the Platform.

3. Limits on Use

You may not use the Services for any unlawful purposes or in furtherance of illegal activities. By using Common Garden, you agree to comply with all applicable laws governing your online conduct and provision and use of Content.

You agree not to use our logo, brand marks, or other branding for any commercial purpose without our permission or in any way that may be detrimental to our interests or derogatory to us or any other person who has provided Content. You agree not to assert any association, approval, or endorsement by us other than to the extent that we have specifically agreed with you in writing.

You agree not to seek to access, tamper with, or use non-public areas of Common Garden's systems, or interrupt, circumvent, probe, or challenge any of the Services or transactions facilitated by Common Garden, or interfere with the proper operation of the Services, including any security provisions incorporated in any part of the Services.

4. Privacy

Our Privacy Policy describes how we handle the information you provide to us when you use the Services.

By accessing and contributing Content and using the Services, you consent to the collection and use of your personal information as described in our Privacy Policy. If you sign up to follow, connect with, or communicate with an Artist on the Platform, you shall in doing so be deemed to have consented to our sharing your personal data with that Artist to the extent reasonably necessary for that Artist to communicate with you and manage their community.

You may need to create an account to use some of the Services. You are responsible for safeguarding your account, so use a strong password and limit its use to this account. We accept no liability for any loss or damage arising from your failure to comply with these Terms.

You agree that we may use any data we learn about you on an anonymous, aggregated basis (that is to say, in a way which does not allow anybody to identify you or to link you with the data we use).

5. Content

You are responsible for your use of the Services and for any Content you provide, including compliance with applicable laws, rules, and regulations. You should only provide Content that you are comfortable sharing with others.

You may not use the Services to send unsolicited messages ("spam") or to post content which is unlawful, offensive, or which we, acting reasonably, determine is inappropriate ("Prohibited Content"). The following are examples of Prohibited Content — content that:

• Gives details of another person's private information without their consent;
• Violates another person's intellectual property rights or right to privacy;
• Impersonates or creates the impression that it has been made available by another person;
• Promotes, endorses, or encourages any unlawful, abusive, hateful, discriminatory, demeaning, or harassing conduct;
• Disseminates false or misleading information;
• Depicts violence, injury, or procedures inappropriately, or is pornographic;
• Incorporates, distributes, or promotes malware, phishing, or analogous code;
• Promotes unauthorized commercial activity or is intended to result in financial gain through deception; or
• Is in breach of any of these Terms or any of our policies.

We reserve the right to remove any Content.

We are not responsible for the accuracy of Content posted by others using the Services. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. All Content is the sole responsibility of the person who originated it.

The Services are protected by copyright, trademark, and other laws protecting tangible and intangible assets. Nothing in these Terms gives you a right to use the Common Garden name or any of the Common Garden trademarks, logos, domain names, or other distinctive brand features. All right, title, and interest in and to the Services (excluding Content provided by you) are and will remain the exclusive property of Common Garden and its licensors.

6. Rights in the Content

You retain your rights to any Content you submit, post, or display on or through the Services. What's yours is yours — you own your Content (and your incorporated audio, photos, and videos are considered part of the Content). By using the Services you do not acquire rights in any Content.

By submitting, posting, or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such Content in any and all media or distribution methods (now known or later developed) for the purpose of operating, promoting, and improving the Services. This license authorizes us to make your Content available to other users of the Platform and to enable the functionality of the Services, including but not limited to rendering your Content on artist pages, portal pages, and within transmissions.

You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power, and/or authority necessary to grant the rights described in these Terms for any Content that you submit, post, or display on or through the Services. You agree that such Content will not contain material subject to copyright or other proprietary rights unless you have the necessary permission or are otherwise legally entitled to post the material and to grant Common Garden the license described above.

If you believe that your Content has been copied on the Services in a way that constitutes copyright infringement, please report this by contacting us at contact@cmngrdn.com.

7. Artist Workspaces

Artists who subscribe to the Platform are granted access to a workspace with modular features. Access to the Services is subject to payment of the applicable subscription fee as communicated to the Artist at the time of registration or as updated from time to time.

Artists are responsible for all Content they publish through their workspace, all communications they send through the Platform, and all data they manage within their workspace. Artists must comply with all applicable laws regarding data protection, marketing communications, and consumer rights, including but not limited to obtaining proper consent before sending email or SMS transmissions to their Community Members.

Artists acknowledge that Community Member data managed within their workspace is jointly controlled by the Artist and Common Garden as described in our Privacy Policy. Artists may export their Community Member data at any time, at which point the Artist becomes the sole and independent controller of that exported data.

Common Garden reserves the right to suspend or terminate an Artist's workspace if the Artist is found to be in breach of these Terms, including but not limited to sending unsolicited communications, publishing Prohibited Content, or failing to pay applicable subscription fees.

8. Community Member Accounts

When you sign up through an Artist's portal page, event page, booking form, or other capture mechanism on the Platform, you are joining that Artist's community and consenting to receive communications from that Artist through the Platform, subject to the communication preferences you set.

You may opt out of an Artist's communications at any time by following the unsubscribe instructions included in any email or SMS you receive, or by contacting us. Opting out of one Artist's communications does not affect your relationship with any other Artist on the Platform.

Your master identity on the Platform is maintained separately from your relationships with individual Artists. This means a single identity may be connected to multiple Artist workspaces while maintaining independent communication preferences for each.

9. Purchases and Payments

We may facilitate transactions between you and Artists through the Platform, including purchases of merchandise, digital products, services, event tickets, or other items. Such transactions are processed through third-party payment providers, and we do not have direct access to your credit card or payment information.

All purchases are subject to availability. Prices are set by the Artist unless otherwise stated. Common Garden is not responsible for the quality, safety, legality, or any other aspect of goods or services sold by Artists through the Platform, except to the extent required by applicable law.

Refund and exchange policies are determined by the applicable Artist. Unless otherwise stated by the Artist or required by applicable law, all sales are final. Common Garden will make reasonable efforts to facilitate refund requests but is not independently liable for refunds on transactions between you and an Artist.

Nothing in these Terms derogates from any rights conferred by law on you as a consumer, and those rights are expressly preserved.

10. Booking and Scheduling

The Platform may offer booking and scheduling features that allow Community Members to request appointments or services from Artists. When you book through the Platform, you are entering into an arrangement directly with the Artist, not with Common Garden.

Common Garden facilitates the scheduling infrastructure but is not responsible for the services rendered by the Artist, appointment availability, cancellations, or disputes arising from booked services. Deposit and cancellation policies are set by the individual Artist and should be reviewed before booking.

11. Liability

We will not be liable for any errors or omissions in any Content. We do not guarantee the identity of any other users of the Services. You rely on Content at your own risk. We do not guarantee that the Services are secure or free from Prohibited Content.

To the fullest extent permitted by applicable law, we exclude all duties, liabilities, and obligations to you except where expressly stated in these Terms or where such exclusion is prohibited by law.

The Services may facilitate transactions between users. You agree that unless you are making payment directly to us and we have expressly agreed to assume liability, we have no liability or obligation to you in respect of any transaction facilitated through the Services.

The Services are evolving. We may stop (permanently or temporarily) providing the Services or any features within the Services to you or to users generally. We also reserve the right to create and implement limits on use of the Services and storage provided by us at our sole discretion at any time. We may also remove or refuse to distribute any Content on the Services, or suspend or terminate your access to or use of the Services without liability to you.

In no event shall Common Garden be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the Services. Our total liability for any direct damages shall not exceed the total amount you have paid to us in the twelve (12) months preceding the event giving rise to the claim.

12. Personal Data, Communications, and Promotions

In consideration of Common Garden granting you access to and use of the Services, you agree that Common Garden may use your personal data as described in our Privacy Policy and may send you Platform-related communications. We may also feature Content to promote the Services or individual Artists within the Platform.

You agree to accept and comply with our Privacy Policy and other terms and conditions notified to you from time to time.

You may opt out of receiving certain communications from the Services. We may, however, need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, and you may not be able to opt out from receiving them.

Any feedback, comments, or suggestions you may provide regarding Common Garden or the Services is entirely voluntary, and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.

13. Ending Our Relationship

You may end your legal agreement with Common Garden at any time by deactivating your account and discontinuing your use of the Services.

For Community Members: You may opt out of any Artist's communications at any time. To request full deletion of your account and personal data, contact us at contact@cmngrdn.com with the subject line "Delete my account."

For Artists: You may cancel your workspace subscription at any time. Upon cancellation, your workspace will be deactivated at the end of the current billing cycle. You are responsible for exporting any data you wish to retain before deactivation. Common Garden will retain your data for a reasonable period in case you wish to reactivate, after which it will be permanently deleted in accordance with our data retention policies.

When we delete an account, we shall, except to the extent required by law or regulation, delete all personally identifiable information that we hold about you on all our active systems. Once we have deleted your account, it may not be possible to recover any data previously associated with it.

We may terminate or suspend your continuing use of the Services if we believe that you or your account has been used to publish or promote Prohibited Content or has otherwise breached any of these Terms.

14. Updates

We may revise these Terms from time to time. The changes will not be retroactive, and the most current version of the Terms, which will always be available at cmngrdn.com/terms, will govern our relationship with you. Other than for changes addressing new functions or made for legal reasons, we will notify you 30 days in advance of making effective changes to these Terms that impact the rights or obligations of any party, for example via a service notification or an email to the email address associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

If any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. Common Garden's failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

If you do not agree to these Terms, you must not access or contribute Content or use the Services.

15. Governing Law

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Tennessee, United States of America, without regard to its conflict of law provisions. You agree that any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in Davidson County, Tennessee, and you consent to the personal jurisdiction of such courts.

16. Contact Us

Questions, comments, and requests regarding these Terms are welcomed and should be addressed to:

Common Garden LLC
Email: contact@cmngrdn.com
Website: cmngrdn.com

© 2026 Common Garden LLC. All Rights Reserved.