Terms of Service & Legal Disclaimers

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, 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, landscape architects, or structural engineers. No professional-client relationship is created through your use of the Service.
• High Likelihood of Identification Inaccuracies: Plant morphology, disease symptoms, weed species, 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 agricultural extension offices (e.g., Texas A&M AgriLife, UF/IFAS, 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, or fertilizer product.

5. Assumption of Risk & Property Damage Release

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, 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 weed citations, or environmental fines.

6. 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.

7. 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 ITS OPERATORS 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.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SMART YARD YAP, ITS OWNERS, OPERATORS, DEVELOPERS, AFFILIATES, AGENTS, OR SERVICE PROVIDERS 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 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, STRICT LIABILITY, OR OTHERWISE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ALL CASES, OUR AGGREGATE TOTAL LIABILITY TO YOU 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 PRECEDING THE CLAIM, OR TEN U.S. DOLLARS ($10.00 USD), WHICHEVER IS LESS.

9. Indemnification

You agree to defend, indemnify, and hold harmless Smart Yard Yap, its owners, operators, and their respective officers, directors, employees, contractors, and agents from and against any and all claims, demands, liabilities, damages, losses, fines, judgments, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your violation of these Terms; (b) your violation of any federal, state, or municipal law or chemical regulation; (c) any chemical, pesticide, fertilizer, or cultural practice applied to any real property by you or at your direction; or (d) any property damage or personal injury resulting from your lawn care activities.

10. Mandatory Arbitration & Class Action Waiver

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 through final and binding individual arbitration administered under the rules of the American Arbitration Association (AAA), rather than in court.

YOU AND SMART YARD YAP 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 OR REPRESENTATIVE PROCEEDING.

11. Governing Law & Jurisdiction

These Terms and any disputes related thereto shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law principles.

11. Contact & Legal Notices

If you have any questions, feedback, or legal inquiries regarding these Terms or the Beta Program, please contact: