Terms of Service

Welcome to Yard Designer. These Terms of Service ("Terms") govern your access to and use of Yard Designer's AI-powered landscape design platform, website, and related services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms.

Please read these Terms carefully before using our Service. If you do not agree to these Terms, you may not access or use the Service.

1. Acceptance of Terms

By creating an account, accessing, or using Yard Designer, you confirm that:

• You are at least 16 years of age
• You have the legal capacity to enter into a binding agreement with Yard Designer
• You will comply with these Terms and all applicable laws and regulations
• If you are using the Service on behalf of an organization, you have authority to bind that organization to these Terms

2. Service Description

Yard Designer is an AI-powered platform that allows users to:

• Upload photos of outdoor spaces and properties
• Generate AI-powered landscape design visualizations
• Create and manage design projects
• Import satellite imagery for site planning
• Export high-resolution design images
• Store and organize generated designs in a gallery
• Share design projects with clients via secure portals
• Generate and manage design proposals
• Customize company branding and white-label exports
• Get AI-powered plant recommendations based on your climate zone

The Service is provided on a subscription basis with various plans offering different credit allocations and features. Credits are used to generate AI designs.

3. Account Registration

To use Yard Designer, you must create an account:

• You must provide accurate and complete information during registration
• You are responsible for maintaining the confidentiality of your account credentials
• You are responsible for all activities that occur under your account
• You must notify us immediately of any unauthorized use of your account
• We reserve the right to suspend or terminate accounts that violate these Terms

4. Subscriptions and Payments

4.1 Subscription Plans

• Yard Designer offers various subscription tiers (Starter, Pro, Business, Enterprise) with different credit allocations
• Subscriptions are billed on a monthly or annual basis, depending on the plan you select
• Subscription credits are allocated at the start of each billing cycle and do not roll over
• Prices are subject to change with reasonable notice to existing subscribers

4.2 Credits

• Credits are used to generate AI designs; different generation types may cost different amounts
• Subscription credits reset at the start of each billing cycle; unused credits do not carry over
• Additional credit packs may be purchased separately; purchased credits do not expire while your subscription is active

4.3 Payment Processing

• All payments are processed securely through Stripe
• By subscribing, you authorize us to charge your payment method on a recurring basis
• You are responsible for keeping your payment information current and accurate
• Failed payments may result in suspension of your access to premium features

4.4 Cancellation and Refunds

• You may cancel your subscription at any time through your account settings
• Upon cancellation, you will retain access to your subscription benefits until the end of your current billing period
• To request a refund, email contact@yarddesignerai.com within 30 days of your initial subscription purchase
• Refunds are processed within 5-10 business days to your original payment method
• Credit pack purchases are refundable within 14 days if the purchased credits have not been used
• Purchased credits are forfeited upon account termination for cause (violation of Terms); if your account is terminated without cause, a pro-rated refund may be issued at Yard Designer's discretion
• Subscriptions automatically renew at the end of each billing period; we will send a reminder email before each renewal charge

4.5 Payment Security

We do not store, process, or transmit payment card data. All payment processing is handled by Stripe, a PCI DSS Level 1 certified service provider. Your payment information is transmitted directly to Stripe using industry-standard TLS encryption.

5. User Content

5.1 Your Content

You retain ownership of all content you upload to Yard Designer, including photos, images, and text prompts ("User Content"). By uploading User Content, you grant Yard Designer a worldwide, non-exclusive, royalty-free license to:

• Process your content through AI systems to generate designs
• Store your content on our servers to provide the Service
• Display your content back to you within the Service

Optional Marketing Use: We may request permission to feature your designs in our marketing materials (website, social media, case studies). You may opt in or opt out at any time by emailing contact@yarddesignerai.com.

B2B Customer Content: If you use Business or Enterprise features to manage client projects, Yard Designer will not use your client project content for marketing purposes without separate written consent from you.

5.2 Generated Content

Regarding AI-generated landscape designs:

• All tiers: You may use generated designs for personal and internal business purposes
• Starter and Pro: Sharing designs with clients via portals is permitted for review and feedback purposes. Using designs in client-facing commercial proposals or paid deliverables requires Business tier or above
• Business and Enterprise: Full commercial use rights including client deliverables, proposals, and marketing materials
• The same optional marketing use policy described in Section 5.1 applies to generated designs

AI Copyright Notice: Copyright protection for AI-generated content may be limited or unavailable under applicable law. Yard Designer makes no representation regarding the copyrightability of generated designs. You are responsible for understanding the intellectual property implications of using AI-generated content in your jurisdiction.

5.3 Content Restrictions

You agree not to upload or generate content that:

• Infringes on intellectual property rights of others
• Contains illegal, harmful, or offensive material
• Violates the privacy rights of any person
• Contains malware, viruses, or malicious code
• Attempts to circumvent our systems or abuse the Service

6. Acceptable Use

You agree to use Yard Designer only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Use the Service in any way that violates applicable laws or regulations
• Attempt to gain unauthorized access to our systems or other users' accounts
• Use automated scripts, bots, or scrapers to access the Service
• Interfere with or disrupt the Service or servers connected to the Service
• Resell, sublicense, or commercially exploit the Service without authorization
• Remove, alter, or obscure any proprietary notices on the Service
• Use the Service to generate designs that infringe on third-party intellectual property
• Share account credentials or allow others to access your account
• Use the Service to generate misleading, deceptive, or fraudulent representations of properties
• Use AI-generated designs to misrepresent the current state of a property in real estate listings or other contexts without clear disclosure
• Attempt to reverse-engineer, extract, or replicate our AI models or training data

6.1 Business User Responsibilities

If you use the Service for business purposes or on behalf of clients, you additionally agree to:

• Obtain appropriate consent from your clients before uploading their property photos or personal information to the Service
• Not store sensitive personal information (Social Security numbers, financial account numbers, health information) in project notes, descriptions, or other free-text fields
• Ensure the accuracy of information in proposals and other materials shared with clients through the Service
• Comply with all applicable laws and regulations governing your use of client data

7. Intellectual Property

The Service, including its original content, features, and functionality, is owned by Yard Designer and is protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

Our trademarks, service marks, and logos may not be used in connection with any product or service without our prior written consent. Nothing in these Terms grants you any right to use our branding or trademarks.

8. Third-Party Services

Our Service integrates with and relies upon third-party services:

• Google Gemini (Google AI): Powers our AI image generation. Use of generated content is subject to Google's AI Studio terms.
• Google Imagen (Vertex AI): Provides AI image inpainting capabilities. Subject to Google Cloud terms.
• Cloudflare Workers AI: Processes text prompts for design generation. Subject to Cloudflare's terms.
• Cloudflare (Workers, R2): Provides hosting, edge computing, and image storage infrastructure.
• Stripe: Processes payments. Subject to Stripe's terms and privacy policy.
• Turso: Provides database hosting for application data.
• Resend: Delivers transactional emails (account notifications, receipts).
• Google OAuth: Optional authentication service subject to Google's terms.
• Google Analytics: Website analytics, loaded only with your consent.
• Google Ads: Advertising measurement, loaded only with your consent.
• Satellite Imagery Providers: Third-party imagery used for site planning is subject to their respective terms.

We are not responsible for the practices or content of these third-party services.

9. Disclaimers

9.1 Service "As Is"

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9.2 AI-Generated Content

AI-generated landscape designs are for visualization and planning purposes only:

• Designs are artistic renderings and may not accurately represent final implementation costs, materials, or feasibility
• We do not guarantee that designs can be practically implemented as shown
• You should consult with licensed landscape architects, contractors, or local authorities before implementing any designs
• We are not responsible for any decisions made based on AI-generated designs
• AI-generated designs may occasionally contain visual artifacts, inconsistencies, or elements that do not correspond to real plant species or materials

9.3 No Professional Advice

Yard Designer does not provide professional landscaping, architectural, engineering, or legal advice. The Service is a creative tool and should not be relied upon for professional decisions without consulting appropriate licensed professionals.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YARD DESIGNER AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, data, use, goodwill, or other intangible losses
• Damages resulting from unauthorized access to or use of our servers
• Any interruption or cessation of transmission to or from the Service
• Any bugs, viruses, or similar issues transmitted through the Service

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE AMOUNTS YOU HAVE PAID TO YARD DESIGNER IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM.

11. Indemnification

You agree to indemnify, defend, and hold harmless Yard Designer and its officers, directors, employees, agents, and affiliates from any claims, liabilities, damages, losses, and expenses (including reasonable attorney fees) arising out of or related to: (a) your use of the Service; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any third-party rights, including intellectual property or privacy rights.

12. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice, for any reason, including:

• Breach of these Terms
• Fraudulent, abusive, or illegal activity
• Non-payment of fees
• Extended period of inactivity
• Request by law enforcement or government agencies

Upon termination, your right to use the Service will immediately cease. You may request export of your data prior to account deletion. We may retain certain information as required by law or for legitimate business purposes.

13. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last updated" date. For significant changes, we may also provide notice through the Service or via email. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

14. Governing Law and Disputes

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Any disputes arising from these Terms or the Service shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules, except that you may bring claims in small claims court if eligible.

Arbitration Opt-Out: You may opt out of binding arbitration within 30 days of creating your account by emailing contact@yarddesignerai.com with the subject line "Arbitration Opt-Out." If you opt out, disputes will be resolved in the state or federal courts located in Delaware.

Class Action Waiver: You agree that any disputes will be resolved on an individual basis. You waive any right to participate in a class action, collective action, or representative proceeding against Yard Designer.

15. Force Majeure

Yard Designer shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to natural disasters, pandemics, third-party service outages, internet disruptions, government actions, or acts of terrorism.

16. Severability

If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions will remain in full force and effect.

17. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Yard Designer regarding the Service and supersede any prior agreements or communications.

18. Contact Information

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