Last updated July 10, 2026
These Terms of Use ("Terms") constitute a legally binding agreement made between you ("you") and Trial and Error, Inc ("Company," "we," "us," or "our"), concerning your access to and use of the YardPlan mobile application and the yardplan.app website (collectively, the "Services").
By accessing or using the Services, you agree that you have read, understood, and agree to be bound by all of these Terms. If you do not agree with all of these Terms, you are prohibited from using the Services and must discontinue use immediately.
Unless otherwise indicated, the Services are our proprietary property, and all source code, databases, functionality, software, designs, audio, video, text, photographs, and graphics on the Services (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws. Except as expressly provided in these Terms, no part of the Services and no Content or Marks may be copied, reproduced, republished, posted, publicly displayed, translated, distributed, sold, or otherwise exploited for any commercial purpose without our express prior written permission.
Your content and generated results. You retain ownership of the photos you upload. Subject to your compliance with these Terms, you may use the designs, plant lists, and plans generated for you for your personal, non-commercial purposes. You grant us a worldwide, non-exclusive license to host, store, and process your uploaded photos solely to operate and improve the Services.
YardPlan uses artificial intelligence to generate yard designs, plant recommendations, shopping lists, price estimates, and build plans. This content is provided for inspirational and informational purposes only:
By using the Services, you represent and warrant that: (1) you have the legal capacity and agree to comply with these Terms; (2) you are at least 18 years of age; (3) you will not access the Services through automated or non-human means; (4) you will not use the Services for any illegal or unauthorized purpose; and (5) your use of the Services will not violate any applicable law or regulation.
You may be required to register to use the Services. You agree to keep your account credentials confidential and are responsible for all use of your account. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
YardPlan offers a free tier. Additional features may be offered via in-app purchase or subscription, processed by Apple through your App Store account. Any subscription automatically renews unless canceled at least 24 hours before the end of the current period. You can manage and cancel subscriptions in your App Store account settings. Except where required by law, payments are non-refundable; refund requests for App Store purchases are handled by Apple.
You may not access or use the Services for any purpose other than that for which we make them available. Prohibited activity includes, without limitation:
We grant you a revocable, non-exclusive, non-transferable, limited license to install and use the YardPlan app on devices that you own or control, strictly in accordance with these Terms and the applicable app store's usage rules.
Apple. These Terms are between you and us, not with Apple Inc. ("Apple"); Apple is not responsible for the Services. Apple has no obligation to furnish maintenance or support. To the maximum extent permitted by law, Apple has no warranty obligation with respect to the app. Apple is a third-party beneficiary of these Terms and may enforce them against you.
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Terms; (2) take appropriate legal action against anyone who violates the law or these Terms; (3) restrict access to, limit the availability of, or disable any of your content; and (4) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
These Terms remain in full force and effect while you use the Services. We may, in our sole discretion and without notice or liability, deny access to and use of the Services to any person for any reason, including breach of these Terms or of any applicable law. You may stop using the Services and delete your account at any time.
We reserve the right to change, modify, or remove the contents of the Services at any time and for any reason at our sole discretion, without notice. We cannot guarantee the Services will be available at all times; we may experience hardware, software, or other problems, resulting in interruptions, delays, or errors. We will not be liable for any loss or inconvenience caused by your inability to access or use the Services during any downtime.
These Terms and your use of the Services are governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of law principles.
To expedite resolution of any dispute related to these Terms, you and we agree to first attempt to negotiate informally for at least thirty (30) days before initiating any proceeding, beginning with written notice to the other party. Any dispute not resolved informally shall be brought exclusively in the state or federal courts located in Massachusetts, and you consent to the personal jurisdiction of such courts.
There may be information on the Services that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT, INCLUDING AI-GENERATED DESIGNS, PLANT RECOMMENDATIONS, AND PRICE ESTIMATES.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER SHALL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.
You agree to defend, indemnify, and hold us harmless from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your use of the Services; (2) your breach of these Terms; (3) content you upload; or (4) your violation of the rights of a third party.
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. You are solely responsible for all data that you transmit. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption. Our handling of personal information is described in our Privacy Policy.
Using the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing.
These Terms and any policies posted by us on the Services constitute the entire agreement between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision is deemed severable and does not affect the validity of any remaining provisions.
To resolve a complaint regarding the Services or to receive further information regarding their use, contact us at support@yardplan.app or:
Trial and Error, Inc
Boston, MA 02114
United States