Terms of Service, Legal Disclaimers & Copyright Notices

1. Acceptance of Terms

By submitting a beta access request, registering an account, accessing, or using the Service, you confirm that you are at least 18 years of age, legally capable of entering into binding agreements, and that you expressly agree to be bound by these Terms of Service, including all disclaimers, assumption of risk, intellectual property, and limitation of liability provisions. If you do not agree to every term herein, you must immediately discontinue all use of the Service.

2. Private Beta Testing Program & Voluntary Participation

You acknowledge that you are participating voluntarily as an early-stage beta tester in the Smart Yard Yap Private Beta Program. As a beta tester:

• You understand that the Service is experimental, incomplete, and actively undergoing testing and calibration.
• You acknowledge that features, diagnostic models, calculations, and interfaces may change, malfunction, produce inaccurate outputs, or be suspended without notice.
• We reserve the unilateral right to approve, decline, suspend, or revoke any user's beta access at any time, with or without reason.

3. AI-Generated Content & NOT Certified Agronomic Advice

Smart Yard Yap utilizes automated computer vision models, large language models (LLMs), public satellite GIS imagery, county parcel data, and meteorological APIs to generate property profiles, plant diagnoses, and lawn care advice.

• No Professional Advisory Relationship: Neither Smart Yard Yap nor its operators are certified agronomists, licensed pest control operators, certified arborists, botanists, toxicologists, landscape architects, or licensed land surveyors. No professional-client relationship is created through your use of the Service.
• High Likelihood of Identification Inaccuracies: Plant morphology, disease symptoms, weed species, mushrooms/fungi, and turf varieties frequently exhibit overlapping visual characteristics. Photos submitted under varying lighting, angles, or resolutions can cause the AI to confuse desirable turfgrass with noxious weeds, or misclassify benign fungal spots as severe root rot (and vice-versa).
• Always Verify Independently: You must independently verify any diagnosis, treatment plan, or product recommendation with local county agricultural extension offices (e.g., Texas A&M AgriLife, UF/IFAS, UC ANR, Purdue Extension) or licensed lawn care professionals before taking any action.

4. Chemical, Herbicide & Pesticide Disclaimer — “The Label is the Law”

Under the United States Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. § 136 et seq.) and corresponding state laws, it is a violation of federal law to use any pesticide, herbicide, or fungicide product in a manner inconsistent with its labeling.

Smart Yard Yap does not manufacture, sell, distribute, warrant, or formally prescribe any chemical, pesticide, herbicide, fungicide, or fertilizer product.

5. No Foraging, Human Consumption, or Veterinary/Pet Safety Reliance

Smart Yard Yap includes plant, weed, tree, shrub, mushroom/fungus, and vegetable garden identification features. NEVER USE SMART YARD YAP TO DETERMINE WHETHER ANY PLANT, MUSHROOM, FUNGUS, BERRY, FRUIT, ROOT, OR HERB IS EDIBLE, MEDICINAL, OR NON-TOXIC TO HUMANS, CHILDREN, PETS, OR LIVESTOCK.

• Many deadly poisonous mushrooms (e.g., Amanita phalloides, Chlorophyllum molybdites) and toxic backyard plants (e.g., Sago Palm, Deadly Nightshade, Foxglove, Oleander, Lantana, Castor Bean) closely resemble benign or edible species in photographs.
• Even if Smart Yard Yap identifies a plant or vegetable as benign or edible, the identification may be wrong, or the specimen may be contaminated with lawn chemicals, heavy metals, or pathogens.
• Emergency Contact: In the event of suspected human ingestion or exposure, immediately call Poison Control at 1-800-222-1222 or 911. For suspected pet ingestion, immediately contact a licensed veterinarian or the ASPCA Animal Poison Control Center at 1-888-426-4435.

6. GIS Parcel Mapping, Non-Survey & “Call 811 Before You Dig” Disclaimer

The AI Property Intelligence Studio estimates lot dimensions, roof footprints, driveways, sidewalks, and lawn zone square footages using public County Appraisal District (CAD) / ArcGIS parcel records, satellite ortho-imagery, and computer vision heuristics.

• NOT a Legal Land Survey: Property boundaries, lot lines, and square footage figures displayed in Smart Yard Yap are approximate agronomic estimates only and have inherent satellite projection, camera-tilt (off-nadir), and GIS registration tolerances (often ±2 to ±15 feet). They do not constitute a professional land survey and must never be relied upon for fence or wall construction, property line disputes, municipal setback compliance, building permits, tax protests, or real estate transactions. Always hire a state-licensed Professional Land Surveyor (PLS/RPLS) to establish legal property boundaries.
• Call 811 Before You Dig: Before performing core aeration, trenching, edging, tree planting, stump grinding, fence post installation, or irrigation work, you must contact 811 (“Call Before You Dig”) at least 48–72 hours in advance to have underground electric, gas, water, sewer, and fiber-optic utility lines marked, and independently locate shallow private lines (e.g., sprinkler heads, landscape lighting, and invisible pet fences).

5. No Foraging, Human Consumption, or Veterinary/Pet Safety Reliance

Smart Yard Yap includes plant, weed, tree, shrub, mushroom/fungus, and vegetable garden identification features. NEVER USE SMART YARD YAP TO DETERMINE WHETHER ANY PLANT, MUSHROOM, FUNGUS, BERRY, FRUIT, ROOT, OR HERB IS EDIBLE, MEDICINAL, OR NON-TOXIC TO HUMANS, CHILDREN, PETS, OR LIVESTOCK.

• Many deadly poisonous mushrooms (e.g., Amanita phalloides, Chlorophyllum molybdites) and toxic backyard plants (e.g., Sago Palm, Deadly Nightshade, Foxglove, Oleander, Lantana, Castor Bean) closely resemble benign or edible species in photographs.
• Even if Smart Yard Yap identifies a plant or vegetable as benign or edible, the identification may be wrong, or the specimen may be contaminated with lawn chemicals, heavy metals, or pathogens.
• Emergency Contact: In the event of suspected human ingestion or exposure, immediately call Poison Control at 1-800-222-1222 or 911. For suspected pet ingestion, immediately contact a licensed veterinarian or the ASPCA Animal Poison Control Center at 1-888-426-4435.

6. GIS Parcel Mapping, Non-Survey & “Call 811 Before You Dig” Disclaimer

The AI Property Intelligence Studio estimates lot dimensions, roof footprints, driveways, sidewalks, and lawn zone square footages using public County Appraisal District (CAD) / ArcGIS parcel records, satellite ortho-imagery, and computer vision heuristics.

• NOT a Legal Land Survey: Property boundaries, lot lines, and square footage figures displayed in Smart Yard Yap are approximate agronomic estimates only and have inherent satellite projection, camera-tilt (off-nadir), and GIS registration tolerances (often ±2 to ±15 feet). They do not constitute a professional land survey and must never be relied upon for fence or wall construction, property line disputes, municipal setback compliance, building permits, tax protests, or real estate transactions. Always hire a state-licensed Professional Land Surveyor (PLS/RPLS) to establish legal property boundaries.
• Call 811 Before You Dig: Before performing core aeration, trenching, edging, tree planting, stump grinding, fence post installation, or irrigation work, you must contact 811 (“Call Before You Dig”) at least 48–72 hours in advance to have underground electric, gas, water, sewer, and fiber-optic utility lines marked, and independently locate shallow private lines (e.g., sprinkler heads, landscape lighting, and invisible pet fences).

7. Weather, Subsurface Soil Telemetry & Municipal Water Restrictions

• Microclimate & Spray Drift Variance: Atmospheric weather data, wind speed/direction, evapotranspiration (ET₀), and 6cm subsurface soil temperatures are derived from regional numerical weather prediction models (via Open-Meteo) and may differ from actual ground-level conditions in your yard. An indicator such as “Optimal Spray & Mow” does not guarantee the absence of localized wind gusts or thermal inversions. Always verify real-time on-site wind speed with a handheld anemometer and product label drift restrictions before spraying.
• Municipal Drought & Watering Ordinances: Automated irrigation and watering recommendations generated by Smart Yard Yap do not account for local city, county, utility district, or HOA watering restrictions or drought stages. You are solely responsible for complying with all local water conservation ordinances.
• Not Official Severe Weather Warnings: Regional frost, freeze, heat, and storm notifications in Smart Yard Yap are informational lawn advisories only and are not a substitute for official National Weather Service (NWS) watches, warnings, or life-safety alerts.

8. Community Turf Watch, User-Generated Content & Section 230 Notice

Smart Yard Yap provides a neighborhood feed (“Community Turf Watch”) where users may share lawn updates, pest sightings, photos, and comments.

• Unverified Peer Content (47 U.S.C. § 230): In accordance with Section 230 of the Communications Decency Act, Smart Yard Yap is an interactive computer service provider and is not the publisher or speaker of user-generated posts, comments, or neighborhood threat reports. Peer advice shared by other users is unverified and may be inaccurate or unsafe.
• Neighbor Privacy & Lawful Photography: You agree only to upload photographs taken on your own property or where you have lawful permission. You must not upload images that invade a neighbor's reasonable expectation of privacy, depict individuals without consent, reveal private security details, or harass/defame neighbors or HOAs.
• User Content License & Ownership Warranty: You retain copyright ownership of the original photographs and text you submit. By uploading content to the Service, you represent and warrant that you own or hold all necessary legal rights to the content, and you grant Smart Yard Yap a worldwide, non-exclusive, royalty-free license to host, process, analyze, and (for Community Turf Watch posts) display such content within the Service. We reserve the right to remove any content at our sole discretion.

9. Subscriptions, Diagnostic Credits & Billing Terms

• No Cash Value: Diagnostic Credits (“Credits” or “Tokens”) are digital utility units used solely to access AI diagnostic scans within Smart Yard Yap. Credits are non-transferable, are not a currency or stored-value instrument, and cannot be redeemed or exchanged for cash.
• Promotional & Beta Credits: Credits granted free of charge during onboarding or beta testing may be modified, reset, or expired at any time without compensation.
• Subscriptions & Cancellation: Paid Pro subscriptions and credit top-ups are processed securely via Stripe. Subscriptions automatically renew at the selected billing interval unless canceled prior to the renewal date in your account settings. Except as required by applicable law, fees paid for consumed credits or active billing periods are non-refundable.

10. Copyright, Trademarks, Third-Party Data Attributions & DMCA Notice

© 2026 Smart Yard Yap. All rights reserved. The Smart Yard Yap platform, software source code, spectral computer-vision calibration pipelines, user interface designs, custom vector animations, and branding are protected by United States and international copyright, trade secret, and intellectual property laws. You may not scrape, frame, reverse-engineer, or redistribute any portion of the Service without prior written permission.

11. Assumption of Risk, Release of Claims, Covenant Not to Sue & Express Negligence Waiver

You voluntarily assume all risks associated with the maintenance, treatment, excavation, mowing, aeration, and chemical application on your property. Under no circumstances will Smart Yard Yap or its operators be held responsible or liable for:

• Turfgrass death, thinning, chemical desiccation, yellowing, burning, or failure to germinate.
• Loss, damage, or death of ornamental plants, flower beds, vegetable gardens, shrubs, or mature trees.
• Soil toxicity, fertilizer burn, chemical drift, or water table contamination.
• Adverse health reactions or accidental poisoning of humans, children, dogs, cats, livestock, or wildlife.
• Inaccurate square footage, parcel boundary mistakes, or damage to underground utilities, sprinkler heads, or invisible dog fences.
• Homeowners Association (HOA) violations, municipal water/weed citations, or environmental fines.

12. Simulated Demonstrations & Visual Representation Disclaimers

Demonstrations, interactive showcases, simulated parcel aerial views, and sample diagnostic images displayed across the Service and landing pages are illustrative representations generated for educational and feature preview purposes. Actual property boundaries, square footages, turf conditions, and diagnostic findings are calculated dynamically from public municipal parcel records, satellite ortho-imagery, and your submitted photographs, and will vary based on environmental and photographic factors.

13. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND DEFECTS. SMART YARD YAP AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICE WILL BE ACCURATE, COMPLETE, RELIABLE, UNINTERRUPTED, ERROR-FREE, OR VIRUS-FREE.

14. Limitation of Liability & Sole Exclusive Remedy

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SMART YARD YAP OR ANY OF THE RELEASED PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF TURF, RE-SODDING EXPENSES, LANDSCAPING RESTORATION, PROPERTY DEVALUATION, VETERINARY OR MEDICAL EXPENSES, LOST TIME, OR LOST REVENUE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISSATISFACTION WITH THE SERVICE IS TO IMMEDIATELY STOP USING THE SERVICE. IN ALL CASES, THE AGGREGATE TOTAL LIABILITY OF SMART YARD YAP AND ALL RELEASED PARTIES FOR ANY AND ALL CLAIMS ARISING OUT OF THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT YOU ACTUALLY PAID TO SMART YARD YAP IN THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR TEN U.S. DOLLARS ($10.00 USD), WHICHEVER IS LESS.

15. Indemnification & Fee-Shifting for Breach of Covenant Not to Sue

You agree to defend, indemnify, and hold harmless Smart Yard Yap and all Released Parties from and against any and all claims, demands, liabilities, damages, losses, fines, judgments, costs, and expenses (including reasonable attorneys' fees and expert costs) arising out of or related to: (a) your violation of these Terms; (b) your violation of any federal, state, or municipal law, chemical regulation, or watering ordinance; (c) any chemical, pesticide, fertilizer, or cultural practice applied to any real property by you or at your direction; (d) any content or photograph uploaded by you; (e) any property damage or personal/veterinary injury resulting from your lawn and garden activities; or (f) any lawsuit or proceeding initiated by you in violation of the Release, Covenant Not to Sue, or Mandatory Arbitration provisions herein.

16. Mandatory Pre-Suit Cure, Binding Individual Arbitration, Jury Trial Waiver & Class Action Waiver

• Mandatory 60-Day Informal Notice & Cure Period: Before initiating any arbitration or legal proceeding, you must first send a written “Notice of Dispute” personally signed by you to [email protected] describing the nature of the claim and requested relief, and allow Smart Yard Yap sixty (60) days to resolve the issue informally. Any statute of limitations is tolled during this 60-day period. Completion of this informal process is a strict condition precedent to commencing arbitration.
• Binding Individual Arbitration: If a dispute is not resolved within 60 days, you and Smart Yard Yap agree that any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be resolved exclusively through final and binding individual arbitration on a documents-only or telephonic/video basis administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (or in small-claims court in Collin County, Texas if the claim qualifies).
• Anti-Mass-Arbitration Bellwether Batching: If twenty-five (25) or more similar arbitration demands are asserted by or with the assistance of the same law firm or coordinated group, the claims shall proceed in staged batches of no more than ten (10) bilateral bellwether arbitrations at a time, with filing fees due only for the active batch while remaining claims are stayed and tolled.

WAIVER OF JURY TRIAL & CLASS ACTIONS: YOU AND SMART YARD YAP EXPRESSLY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHT TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. YOU AND SMART YARD YAP FURTHER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING.

17. Contractual Statute of Limitations, Force Majeure, Severability & Governing Law

• Time Bar on Claims: To the fullest extent permitted by applicable law, any claim or cause of action arising out of or related to the Service or these Terms must be formally commenced within one (1) year (or the minimum period permitted by applicable statute, such as Tex. Civ. Prac. & Rem. Code § 16.070 where applicable) after the cause of action accrues; otherwise, such claim is permanently barred forever.
• Force Majeure & Third-Party Outages: Smart Yard Yap shall not be liable for any delay, interruption, or inaccuracy resulting from causes beyond its reasonable control, including upstream AI provider outages, satellite/GIS data errors, municipal CAD server downtime, weather API disruptions, or internet/cloud infrastructure failures.
• Severability & Survival: If any provision of these Terms is held invalid or unenforceable by an arbitrator or court of competent jurisdiction, that provision shall be enforced to the maximum permissible extent and the remaining provisions shall remain in full force and effect. Sections 3 through 17 survive any termination of your account.
• Governing Law & Exclusive Venue: These Terms and any disputes related thereto shall be governed by the Federal Arbitration Act and the laws of the State of Texas, United States, without regard to conflict-of-law principles. For any matter not subject to arbitration, exclusive jurisdiction and venue shall lie in the state and federal courts located in Collin County, Texas.