Terms of Service

Last updated: October 23, 2026 · Draft

These Terms of Service (the "Terms") are an agreement between you and [COMPANY LEGAL NAME] ("Backyardly," "we," "us"). They cover your use of app.backyardly.app, backyardly.app and any related services (together, the "Service").

Please read them. Section 15 covers how disputes are resolved [LAWYER REVIEW: if an arbitration clause and class-action waiver are adopted, this notice must be made more prominent].

1. Accepting these Terms

By creating an account, uploading a photo, buying a pack or credits, or requesting quotes, you agree to these Terms and to our Privacy Policy. If you don't agree, please don't use the Service.

2. Who can use Backyardly

• You must be at least 18 years old.
• The Service is offered only in the United States. We are starting in the Southeast and may not have contractors in every area.
• Homeowners should only upload photos of property they own or have permission to change.
• If you use Backyardly on behalf of a business, you confirm you can bind that business to these Terms.

3. What Backyardly is (and isn't)

AI design concepts

You upload a photo of your backyard and our AI image provider generates design concepts — for example a pool, patio, pergola or outdoor kitchen. These images are AI-generated illustrations for inspiration only. They are not construction plans, engineering drawings, permits or price quotes. They may show things that can't be built on your lot, aren't allowed by local codes or HOA rules, or would cost more than you expect. A finished project will look different.

A marketplace, not a contractor

If you ask for quotes, we share your request with up to 4 independent local contractors ("Pros"). Backyardly is not a contractor. We don't perform, supervise or guarantee any work, and we are not a party to any agreement between you and a Pro. Pros are independent businesses — not our employees, agents or partners.

Showing you a Pro is not an endorsement. We don't guarantee a Pro's licensing, insurance, quality, pricing, timeliness or conduct, or that any Pro will contact you or submit a quote. Before hiring anyone, check their license and insurance, get a written contract, and compare quotes. We don't charge homeowners a commission on the work you hire a Pro for.

4. Accounts

Some features require an account. Give us accurate information and keep it up to date. You're responsible for activity under your account and for keeping access to your email and phone secure. Tell us right away at hello@backyardly.app if you think someone else has used your account. We may verify your email or phone number. Contractor accounts are subject to our approval.

5. Homeowners: designs, packs and refunds

• Your first 3 designs are free.
• After that you can buy design packs. Prices are shown in US dollars before you pay. Payments are processed by Stripe; we don't store your full card number.
• Design packs are for your personal use, can't be transferred, and have no cash value. [FOUNDER: confirm whether unused designs expire.]
• Refunds: if a design fails to generate, or you were charged in error, contact hello@backyardly.app and we'll make it right. [FOUNDER/LAWYER: confirm the homeowner refund policy — e.g. whether unused packs are refundable and within what period.] Nothing here limits refund rights you have under applicable law.
• Any fee for homeowners, such as publishing a project to request quotes, is shown before you pay.

6. Contractors: leads, credits and credit-backs

If you use Backyardly as a Pro:

• Pay per lead. You buy credits (paid through Stripe) and spend credits to unlock a homeowner's request and contact details. The credit price of each lead is shown before you unlock it. Each request can be unlocked by at most 4 Pros. Credits have no cash value and can't be transferred. [FOUNDER: confirm whether credits expire and whether unused credits can be refunded in cash.]
• Credit-back. You can ask us to return the credits for a lead you unlocked if:
  • the homeowner's phone number doesn't answer calls or texts — you can request this once at least 48 hours have passed since you unlocked the lead;
  • the request duplicates another request from the same homeowner; or
  • the project turns out to be outside the area you serve.
  Credit-backs are returned as credits to your account, not as cash, and each lead can be credited back only once. We may decline or reverse credit-backs, or suspend the account, if we see misuse.
• Licensing and insurance are your responsibility. You represent that you and anyone working for you hold every license, registration, permit and insurance policy required in your state and locality for the work you offer, and that you will keep them current. We may ask for proof but are not obligated to verify it.
• You are solely responsible for your quotes, contracts, work, warranties, workers, taxes and compliance with the law — including home-improvement contractor rules.
• Using leads. Use homeowner contact details only to respond to that homeowner's project. Don't sell or share leads, add homeowners to unrelated marketing, or contact anyone who has asked you to stop. You are responsible for complying with the Telephone Consumer Protection Act (TCPA), do-not-call rules and similar laws when you call or text homeowners.

7. Your content

You keep ownership of the photos and information you upload ("Your Content"). You give us a non-exclusive, worldwide, royalty-free license to store, process, copy and display Your Content as needed to run the Service — including sending your photo to our AI image provider to generate designs, and sharing your photo and chosen design with matched Pros when you request quotes.

We will only use your photos or designs as public examples (for instance on our website or in ads) if you give us separate permission. You can withdraw that permission at any time going forward.

You can use the designs generated for you for your personal, non-commercial purposes, including showing them to contractors. [LAWYER: review ownership/copyright position on AI-generated images and any provider terms that apply.]

You confirm you have the rights to everything you upload and that it doesn't violate anyone's rights or the law.

8. Acceptable use

Don't:

• upload photos of property you have no right to share, or photos that show identifiable people without their permission;
• upload anything illegal, sexual, violent, hateful or that infringes someone else's rights;
• submit fake quote requests or someone else's contact details;
• create multiple accounts to get around free-design limits;
• scrape, copy, reverse engineer or overload the Service, or try to get around security or usage limits;
• (Pros) steer homeowners off the platform to avoid paying for leads, or resell leads.

We may remove content or limit access when these rules are broken.

9. Communications and consent to calls and texts

Email. We send emails about your account, designs, purchases and quote requests. You can unsubscribe from marketing emails using the link in them; service emails will still be sent.

Calls and texts from Pros. When you request quotes, we ask you to check a box agreeing to this:

"By checking this box, I agree that up to 4 Backyardly-matched home-improvement pros may call or text me at the number provided, including with automated technology, about my project. Consent is not a condition of purchase. Msg & data rates may apply. Reply STOP to opt out."

We keep a record of that consent — the exact wording shown, its version, the time, your IP address and the phone number you gave. You don't have to agree to this to buy anything from us. You can opt out of texts from a Pro by replying STOP, and you can ask any Pro to stop calling you. You can also email hello@backyardly.app and we will stop sharing your request with any further Pros. Pros who already received your details are independent businesses; we require them to honor opt-outs but can't control what they do.

Only give us a phone number that is yours. [LAWYER: review TCPA consent flow, one-to-one consent requirements and whether Backyardly itself sends texts.]

10. Our property

The Backyardly name, logo, software and site are ours and protected by law. These Terms don't give you any right to use them except to use the Service as intended. If you send us feedback, we may use it without owing you anything.

11. Suspension and closing your account

You can stop using the Service at any time and ask us to delete your account by emailing hello@backyardly.app. We may suspend or close accounts that break these Terms or the law, or to protect users or the Service. If we close a Pro's account for misuse, unused credits may be forfeited [LAWYER: review]. Sections that by their nature should survive (for example, content licenses already granted for shared leads, disclaimers, limits of liability, indemnity and disputes) continue after your account ends.

12. Disclaimers

THE SERVICE, THE AI DESIGNS AND ALL INFORMATION ABOUT PROS ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT ALLOWED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. We don't promise the Service will be uninterrupted or error-free, that designs will be accurate or buildable, or that you'll get quotes, leads or jobs. Any work is between the homeowner and the Pro.

13. Limitation of liability

TO THE FULLEST EXTENT ALLOWED BY LAW: (a) WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOST PROFITS, DATA OR BUSINESS; (b) WE ARE NOT LIABLE FOR ANY WORK PERFORMED OR NOT PERFORMED BY A PRO, OR FOR ANY PRO'S OR HOMEOWNER'S CONDUCT; AND (c) OUR TOTAL LIABILITY FOR ANY CLAIM RELATED TO THE SERVICE IS LIMITED TO THE GREATER OF THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM OR US $100. Some states don't allow some of these limits, so they may not all apply to you.

14. Indemnity

If someone brings a claim against us because of your content, your use of the Service, your breach of these Terms or the law, or (for Pros) your work, quotes or communications with homeowners, you agree to defend and hold harmless Backyardly and its officers, employees and agents, and to cover the resulting losses and reasonable legal fees, to the extent allowed by law.

15. Disputes and governing law

These Terms are governed by the laws of the State of [STATE] and applicable US federal law, without regard to conflict-of-law rules. Before filing any claim, please email hello@backyardly.app so we can try to resolve it informally within 30 days.

[LAWYER REVIEW REQUIRED: decide whether to adopt a binding individual arbitration agreement with a class-action waiver, small-claims carve-out, opt-out window and mass-arbitration provisions — or instead name the courts of [COUNTY, STATE] as the exclusive venue. Draft that clause here. Until then, no arbitration agreement is in effect.]

16. Changes to these Terms

We may update these Terms. If a change is material, we'll let you know by email or in the app before it takes effect. The date at the top shows the latest version. If you keep using the Service after the change takes effect, the new Terms apply; if you don't agree, stop using the Service and you can close your account.

17. Contact

[COMPANY LEGAL NAME]
[POSTAL ADDRESS]
hello@backyardly.app

Draft · Last updated October 23, 2026 · Not yet in effect.