Terms of Service
Effective Date: October 25, 2026
1. Agreement and Who We Are
These Terms of Service govern your use of MagicPlants.net (the "Site"). The Site is operated by Magic Plants, a creative and marketing services studio owned by Wm. Joseph Montgomery and based in Spring Lake, Michigan ("we," "us," or "our"). By using this Site, you agree to these terms. If you do not agree, please do not use the Site.
2. Our Services
Magic Plants provides creative and marketing services, including website design, graphic design, packaging design, 3D renders, promo video and reels, marketing, newsletters and loyalty programs, catalog management for platforms such as Dutchie, Weedmaps, Leafly, and Treez, apps, and custom games. Specific project work is governed by the proposal, quote, or written agreement for that project, which will control over these general terms if there is a conflict. Magic Plants provides business services only and does not sell, distribute, or facilitate the sale of cannabis or cannabis products.
3. Using This Website
You agree to use this Site only for lawful purposes. You agree not to use the Site in any way that could damage, disable, or impair it, interfere with another person's use of it, attempt to gain unauthorized access to it, or harvest information from it through automated means without our permission. We may restrict or terminate your access to the Site if you violate these terms.
4. Project Work, Quotes, and Approvals
Project scope, deliverables, timelines, revision rounds, and fees are set out in your proposal or quote. Timelines depend on timely feedback and materials from you, including brand assets, copy, product information, and approvals. Delays in providing materials or approvals may extend delivery dates. Requests that fall outside the agreed scope, including additional revisions or new deliverables, may be quoted and billed separately. Final files are delivered after full payment unless your agreement states otherwise.
5. Payment
Fees, deposits, payment schedules, and due dates are as stated in your proposal, quote, or invoice. Work may be paused if an invoice is overdue. You are responsible for any taxes or fees that apply to your purchase, except taxes on our income.
6. Intellectual Property and Portfolio Use
All content on this Site, including text, images, graphics, logos, and videos, is owned by Magic Plants or its licensors and is protected by intellectual property laws. You may view and share pages from this Site for personal, non-commercial purposes, but you may not copy, reproduce, or redistribute our content without permission.
For client projects, upon full payment you own the final deliverables created for you, except that Magic Plants retains ownership of its pre-existing tools, templates, processes, and general know-how, and any third-party elements (such as stock images or fonts) remain subject to their original licenses. Unless you agree otherwise in writing, Magic Plants may display completed work in its portfolio and marketing materials, with credit to your business where appropriate.
7. Client Content and Compliance
You are responsible for the accuracy, legality, and rights to any content, trademarks, images, or materials you provide to us, and you confirm that you have the right to use them for your project. You are also responsible for compliance with the laws and advertising rules that apply to your business and industry in your state, including any rules that apply to cannabis businesses. Magic Plants provides creative services, not legal advice, and our work does not guarantee regulatory compliance. You should have your own counsel review advertising and packaging where compliance matters.
8. Third-Party Platforms and Tools
Our services may involve third-party platforms and tools, such as hosting providers, content management systems, social media platforms, and catalog platforms such as Dutchie, Weedmaps, Leafly, and Treez. Those platforms have their own terms and policies, and their availability, features, and rules are outside our control. We are not responsible for outages, changes, or actions taken by a third-party platform.
9. No Guarantee of Results
Marketing, design, and website services are intended to support your business, but we do not guarantee specific results, such as sales, traffic, rankings, follower growth, or customer acquisition, since results depend on many factors outside our control, including your products, pricing, market, and operations.
10. Disclaimer of Warranties
This Site and its content are provided "as is" and "as available," without warranties of any kind, either express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Site will be uninterrupted, error-free, or free of harmful components.
11. Limitation of Liability
To the fullest extent permitted by law, Magic Plants will not be liable for any indirect, incidental, consequential, or punitive damages arising from your use of this Site or our services. Our total liability for any claim relating to a project will not exceed the fees you paid to us for that project.
12. Indemnification
You agree to indemnify and hold harmless Magic Plants, its owner, and its contractors from claims, damages, losses, and expenses, including reasonable attorneys' fees, arising from content or materials you provided, your violation of these terms, or your violation of any law or third-party right.
13. Termination
Either party may end a project engagement under the terms of its proposal or written agreement. We may also suspend or end your access to this Site at any time if you violate these terms. Sections covering intellectual property, payment for work already performed, disclaimers, limitation of liability, and indemnification survive termination.
14. Governing Law and Disputes
These terms are governed by the laws of the State of Michigan, without regard to conflict-of-law rules. Any dispute arising from these terms or your use of this Site will be resolved in the state or federal courts located in Michigan, and you consent to the jurisdiction of those courts.
15. Changes to These Terms
We may update these terms from time to time. The effective date at the top of this page will show when they were last updated. Your continued use of the Site after changes are posted means you accept the updated terms.
12. Contact Us
If you have questions about this policy or about your personal information, contact us at joe@magicplants.net or our Contact form.