Terms of service

Terms of Service

Effective Date: March 15, 2026

1. Introduction

Welcome to BackyardEase ("Company", "we", "our", "us"). These Terms of Service ("Terms") govern your access to and use of our website located at www.backyardease.com ("Website") and any related services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use our Services.

2. Eligibility

By using the Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are using the Services on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.

3. Accounts and Registration

3.1 Account Creation

To access certain features of the Services, you may be required to create an account. You agree to:

- Provide true, accurate, current, and complete information during the registration process.
- Maintain and promptly update your account information to keep it accurate and current.

3.2 Account Responsibilities

You are responsible for:

- Maintaining the confidentiality of your account login credentials.
- All activities that occur under your account.
- Notifying us immediately of any unauthorized use of your account at support@backyardease.com.

We strongly recommend that you do not share your username, password, or other access credentials with anyone else.

4. Orders and Payment

4.1 Product Availability

All products listed on the Website are subject to availability. We reserve the right to limit the quantities of any products or services that we offer and to discontinue any product at any time without notice.

4.2 Pricing

Prices for our products are subject to change without notice. We are not liable for any price changes, modifications, or discontinuance of products. In the event of a pricing error, we reserve the right to cancel any affected orders and issue a full refund.

4.3 Payment Terms

Accepted Payment Methods: PayPal, Venmo.

Payment Processing: Payments are processed securely through Shopify's PCI-DSS compliant checkout infrastructure and our payment partners. BackyardEase does not store your payment card details.

Billing Information: You agree to provide current, complete, and accurate billing information for all purchases made through the Website.

4.4 Order Acceptance

We reserve the right to refuse or cancel any order for reasons including but not limited to:

- Product or service unavailability.
- Errors in the description or price of the product.
- Errors in your order information.
- Suspected fraudulent, unauthorized, or illegal transactions.

If your order is cancelled after payment has been processed, we will issue a full refund to your original payment method.

5. Shipping and Delivery

5.1 Shipping Policy

Please refer to our Shipping Policy at www.backyardease.com/policies/shipping-policy for full details on shipping methods, estimated delivery times, and carrier information.

5.2 Risk of Loss

All purchases are made pursuant to a shipment contract. Risk of loss and title for items purchased from BackyardEase pass to you upon our delivery to the carrier. If your order is lost or damaged in transit, please contact us at support@backyardease.com so we can assist you.

6. Returns and Refunds

Please refer to our Return and Refund Policy at www.backyardease.com/policies/refund-policy for full information on returns, exchanges, and refunds. By placing an order, you confirm that you have read and agree to our Return and Refund Policy.

7. Intellectual Property Rights

7.1 Ownership

All content on the Website — including text, graphics, logos, images, product photography, and software — is the property of BackyardEase or its content suppliers and is protected by applicable intellectual property laws.

7.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for personal, non-commercial purposes only.

7.3 Restrictions

You agree not to:

- Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services without our express written permission.
- Use any meta tags or hidden text using our name or trademarks without our express written consent.
- Scrape, crawl, or use automated means to access the Website or collect content from it.

8. User Content

8.1 Submissions

If you submit or post any content ("User Content") to the Services — including product reviews, photos, or comments — you grant BackyardEase a non-exclusive, royalty-free, worldwide, perpetual license to use, reproduce, modify, and display such content in connection with operating and promoting our Services.

8.2 Prohibited Content

You agree not to submit any User Content that:

- Is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or invasive of another's privacy.
- Infringes on any intellectual property or other proprietary rights of any party.
- Contains spam, unsolicited advertising, or misleading information.

9. Prohibited Activities

You agree not to engage in any of the following prohibited activities:

- Violating Laws: Using the Services for any illegal purpose or in violation of any local, state, national, or international law or regulation.
- Disruption: Interfering with or disrupting the Services, servers, or networks connected to the Services.
- Unauthorized Access: Attempting to gain unauthorized access to any portion of the Services, other user accounts, or computer systems or networks connected to the Services.
- Fraud: Submitting false or misleading information, impersonating another person or entity, or engaging in any fraudulent activity.
- Harmful Code: Uploading or transmitting viruses, malware, or any other malicious code.

10. Disclaimers and Warranties

10.1 "AS IS" Basis

The Services are provided on an "AS IS" and "AS AVAILABLE" basis. To the fullest extent permitted by law, BackyardEase makes no warranties, expressed or implied, regarding the Services, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

10.2 No Warranty

We do not warrant that:

- The Services will meet your specific requirements.
- The Services will be uninterrupted, timely, secure, or error-free.
- The results obtained from the use of the Services will be accurate or reliable.
- Any errors in the Services will be corrected.

11. Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall BackyardEase, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages — including without limitation, loss of profits, data, goodwill, or other intangible losses — arising from:

- Your use of or inability to use the Services.
- Any unauthorized access to or use of our servers and any personal information stored therein.
- Any interruption or cessation of transmission to or from the Services.
- Any bugs, viruses, or the like that may be transmitted through the Services.

In no event shall our total liability to you for all claims arising from or related to the Services exceed the amount you paid to BackyardEase in the six (6) months prior to the event giving rise to the claim.

12. Indemnification

You agree to indemnify, defend, and hold harmless BackyardEase and its affiliates, officers, agents, employees, and partners from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

- Your use of and access to the Services.
- Your violation of any term of these Terms.
- Your violation of any third-party right, including intellectual property rights or privacy rights.
- Any content you submit to or through the Services.

13. Termination

We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason — including if you breach these Terms. Upon termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Georgia, United States, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in Fulton County, Georgia for the resolution of any disputes.

15. Dispute Resolution

In the event of any dispute, claim, or controversy arising out of or relating to these Terms or the Services, we encourage you to first contact us directly at support@backyardease.com so that we may attempt to resolve the matter informally. If we are unable to resolve the dispute informally within 30 days, either party may pursue the matter through the courts of competent jurisdiction in Fulton County, Georgia, as set forth in Section 14 above.

16. Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. Changes will be effective immediately upon posting to the Website with an updated Effective Date. It is your responsibility to review these Terms periodically. Your continued use of the Services after any changes constitutes your acceptance of the new Terms.

17. Miscellaneous

17.1 Severability
If any provision of these Terms is found to be unenforceable or invalid under applicable law, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

17.2 Entire Agreement
These Terms, together with our Privacy Policy and Return and Refund Policy, constitute the entire agreement between you and BackyardEase regarding your use of the Services and supersede any prior agreements or understandings.

17.3 Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Any waiver of these Terms must be in writing and signed by an authorized representative of BackyardEase.

17.4 Assignment
You may not assign or transfer these Terms or any rights granted hereunder without our prior written consent. We may assign these Terms without restriction.

18. Contact Information

If you have any questions about these Terms, please contact us:

Company: BackyardEase
Email: support@backyardease.com
Phone: +1 (706) 807-2323
Address: 8735 Dunwoody Pl STE R, Atlanta, Georgia 30350, US
Website: www.backyardease.com