Terms of Service

Please read these terms carefully before using TheYardwise.

Last updated: June 2024

1. Acceptance of Terms

By accessing or using TheYardwise ("the Service"), you 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

TheYardwise provides personalized garden planting guides based on user-provided information about location, soil, sunlight, and crop preferences. The Service uses publicly available climate data and horticultural algorithms to generate recommendations. The Service is provided for informational and educational purposes only.

3. User Responsibilities

You agree to:

  • Provide accurate and truthful information about your location, garden conditions, and preferences.
  • Use the Service only for lawful purposes and in accordance with these terms.
  • Not attempt to circumvent any security measures or access restricted areas of the Service.
  • Not use the Service to generate excessive requests that could impair its performance.

4. Intellectual Property

All content, features, and functionality of the Service — including but not limited to text, graphics, logos, and software — are owned by TheYardwise or its licensors and are protected by applicable intellectual property laws. You may not reproduce, distribute, modify, or create derivative works without our prior written consent.

5. Disclaimer of Warranties

The Service is provided "as is" and "as available" without any warranties, express or implied. TheYardwise does not guarantee that:

  • The planting recommendations will result in successful crop growth, as gardening outcomes depend on many factors beyond our control.
  • The Service will be uninterrupted, timely, secure, or error-free.
  • The results obtained from the Service will be accurate or reliable.

Gardening involves inherent risks, including but not limited to weather conditions, pests, diseases, and soil variability. You assume all responsibility for your gardening decisions.

6. Limitation of Liability

To the fullest extent permitted by applicable law, TheYardwise and its operators shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Service. This includes, without limitation, crop failure, loss of plants, or any other gardening-related losses.

7. One-Time Purchases & Refund Policy

TheYardwise personalized garden plan is a one-time digital product delivered immediately upon purchase. There are no recurring charges, subscriptions, or hidden fees. Payments are processed securely through Stripe.

Digital Product Notice: Our garden plan is a digital product. Due to the nature of digital content — which can be instantly accessed, copied, and retained — we do not offer refunds for change of mind once the content has been delivered. For consumers in the EU and UK, you have a 14-day right of withdrawal under Directive 2011/83/EU Article 16(m) and the UK Consumer Contracts Regulations 2013 Regulation 37, which is lost once you access or download the digital content. By checking the consent box at checkout, you give your prior express consent and acknowledge this loss.

Refund Exceptions: You may request a refund within 14 days of purchase in cases of: (a) a technical failure on our side preventing access; (b) material misdescription of the product; or (c) unauthorized use of your payment method (with proof). See our full Refund Policy for details.

To request a refund, email send@theyardwise.com with your purchase details. We respond within 3 business days and process approved refunds within 14 days.

8. Third-Party Links

The Service may contain links to third-party websites or services that are not owned or controlled by TheYardwise. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites.

9. Changes to Terms

We reserve the right to modify these terms at any time. Changes will be effective immediately upon posting. Your continued use of the Service after any changes constitutes acceptance of the new terms.

10. Governing Law

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

11. Contact

If you have any questions about these Terms of Service, please contact us at send@theyardwise.com.