Terms of Service

1. Acceptance of Terms

By accessing and using YardPal ("the Service"), you accept and agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use the Service.

2. Description of Service

YardPal provides landscape design mockup software for landscaping contractors. The Service is web-based and allows you to:

• Create landscape design mockups via web browser
• Access a library of landscaping materials and design elements
• Use AI-powered features including ScopeAssist for scope of work generation and voice-to-text transcription
• Share designs with clients instantly
• Send proposals with electronic signature capabilities
• Download and export design files
• Access from any device with internet connection. No software installation required

3. Account Registration

To use the Service, you must:

• Be at least 18 years old
• Create an account using email/password or sign in with Google
• Provide accurate and complete registration information
• Maintain the security of your account credentials
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use of your account

4. Subscription and Payment

Free Trial: We offer a 14-day free trial. No credit card is required to start your trial. You will not be charged during the trial period.

Subscription Tiers: After your trial ends, you may subscribe to one of our plans: Starter ($149/month or $1,399/year), Pro ($299/month or $2,899/year), or Business ($499/month or $4,899/year). Your subscription will automatically renew until cancelled.

Payment: You authorize us to charge your payment method for all fees. If payment fails, we may suspend or terminate your access to the Service.

Price Changes: We reserve the right to change our pricing. We will provide 30 days notice before any price increase takes effect for existing subscribers.

5. Cancellation and Refunds

Cancellation: You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of your current billing period.

60-Day Win-More-Jobs Guarantee: Win at least one job with visual proposals, or get a full refund within 60 days of your first payment. No questions. See our Refund Policy for details.

6. Acceptable Use

You agree not to:

• Use the Service for any illegal purpose
• Share your account credentials with others
• Attempt to reverse engineer or copy the Service
• Upload malicious code or viruses
• Scrape or copy content from the Service
• Use the Service to harass or harm others
• Exceed reasonable usage limits

7. Intellectual Property

Your Content: You retain ownership of designs and content you create using the Service. You grant us a license to host and display your content to provide the Service.

Our Content: The Service, including all software, design elements, materials library, and documentation, is owned by YardPal and protected by copyright and other laws. You may not copy, modify, or distribute any part of the Service.

8. AI-Generated Content

The Service includes AI-powered features such as ScopeAssist and voice transcription. Regarding AI-generated content:

• AI-generated text is provided as a starting point and should be reviewed before use
• You are responsible for verifying the accuracy of AI-generated scope of work and other content
• We do not guarantee the accuracy, completeness, or suitability of AI-generated content
• Voice recordings are processed in real-time for transcription and are not stored
• Canvas images sent for AI analysis are used solely to generate your scope of work

9. Electronic Signatures

The Service includes electronic signature functionality for proposals. By using this feature:

• Consent to Electronic Signatures: You acknowledge and agree that electronic signatures captured through the Service are legally binding and have the same legal effect as handwritten signatures under applicable electronic signature laws, including the U.S. Electronic Signatures in Global and National Commerce Act (ESIGN) and the Uniform Electronic Transactions Act (UETA)
• Client Consent: When you send proposals for signature, your clients must provide explicit consent before signing. You are responsible for ensuring your clients understand they are entering into a binding agreement
• Audit Trail: We maintain an audit trail for each signed document, including timestamps, IP addresses, and device information, to verify the authenticity and integrity of signatures
• Document Integrity: Once signed, proposals are converted to PDF format and stored securely. The signed document represents the terms agreed upon at the time of signing
• Your Responsibility: You are solely responsible for the accuracy of proposal content, pricing, and terms before sending for signature. YardPal does not review or verify the content of your proposals
• Not Legal Advice: The electronic signature feature is a tool to facilitate agreement execution. We do not provide legal advice. Consult with a qualified attorney regarding the enforceability of electronic signatures in your jurisdiction and for your specific use case
• Retention: Signed documents and audit trails are retained for a minimum of 7 years. You may download copies of signed proposals at any time while your account is active

10. Service Availability

We strive to provide reliable service, but we do not guarantee uninterrupted access. The Service may be unavailable due to maintenance, updates, or circumstances beyond our control. We are not liable for any downtime or service interruptions.

11. Limitation of Liability

To the maximum extent permitted by law:

• The Service is provided "as is" without warranties of any kind
• We are not liable for any indirect, incidental, or consequential damages
• Our total liability is limited to the amount you paid in the 12 months before the claim
• We are not responsible for the accuracy of designs or their suitability for any purpose

12. Indemnification

You agree to indemnify and hold harmless YardPal from any claims, damages, or expenses arising from your use of the Service, violation of these terms, or infringement of any rights of another party.

13. Termination

We may suspend or terminate your account at any time for violation of these terms or for any other reason. Upon termination, your right to use the Service immediately ceases. You may download your designs before termination.

14. Modifications to Terms

We may update these Terms of Service at any time. We will notify you of material changes by email or through the Service. Your continued use after changes constitutes acceptance of the new terms.

15. Governing Law

These terms are governed by the laws of the United States. Any disputes will be resolved in the courts of [Your State/Jurisdiction].

16. Dispute Resolution

Any disputes arising from these terms or the Service will be resolved through binding arbitration, except you may bring claims in small claims court. You waive your right to participate in class action lawsuits.

17. Contact Information

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

Email: support@yardpal.net